SALE OF SERVICES. StoresOnline grants to Reseller, subject to the terms and conditions of this Agreement, the non-exclusive right and license to resell and sublicense (in the case of software products), the Services to Reseller's end-user customers or, with the written permission of StoresOnline, to other resellers. In the case of software products, Reseller acknowledges that such software is and will remain proprietary to StoresOnline, is copyrighted and that Reseller acquires no right, title or interest in or to any such software by this Agreement. Reseller agrees to sublicense the Services hereunder pursuant to the Standard License Agreement Terms set forth on Exhibit A hereto, and to cause each of its customers or other resellers to sublicense the Services pursuant to such terms, which terms, in the case of a reseller, shall be accepted upon store set-up and, in the case of an end-user customer, shall be accepted as part of the storefront registration process described below.
SALE OF SERVICES. PRICE AND DISCOUNT: ------------------- Innofone shall determine and compare the prices or rates charged by major national service providers under their most competitive core offers. Bizsmart Customers shall receive the lowest price or rate/highest value solution (the "PRICE") for each Service they enrol in plus a Discount of 10% (5% in the case of cellular/PCS) on the Price. From time to time, Innofone may provide additional discounts/offers for the cellular/PCS Service. Comparative service providers and service plans may change from time to time in light of market competition/market offering, so that the most competitive offers and rates are always used to determine the cost of Services to Bizsmart Customers. Innofone shall review the Service plans and Prices of the Services on a monthly basis to ensure that they continue to be the most competitive, that the Prices continue to be the lowest prices and that amounts billed to Bizsmart Customers in the preceding month accurately reflect the Prices. Innofone shall ensure on a monthly basis that the calling plans used for such comparative purposes are current and represent the most popular and competitive plans in each relevant region. CIBC acknowledges that Innofone may require Bizsmart Customers who enroll for the cellular/PCS system to purchase from Innofone a digital/analog phone at the regular market price for that phone and that the Discount and the Contribution will not apply to purchases of digital/analog phones. CIBC acknowledges that Innofone will require Bizsmart Customers who enroll for the home security service to purchase from Innofone standard security package at a cost of $99 plus tax.
SALE OF SERVICES. StoresOnline grants to Reseller, subject to the terms and conditions of this Agreement, the [**REDACTED**] right and license to resell and sublicense (in the case of software products), the Services to Reseller's end-user customers or, with the written permission of StoresOnline, to other resellers. In the case of software products, Reseller acknowledges that such software is and will remain proprietary to StoresOnline, is copyrighted and that Reseller acquires no right, title or interest in or to any such software by this Agreement. Reseller agrees to sublicense the Services hereunder pursuant to the license terms set forth in the Addendum, and to cause each of its customers or other resellers to sublicense the Services pursuant to such license terms, which terms shall be accepted electronically as part of the storefront registration process described below.
SALE OF SERVICES. StoresOnline grants to Reseller, subject to the terms and conditions of this Agreement, the [**REDACTED**] and license to resell and sublicense (in the case of software products), the Services to Reseller's end-user customers or, with the written permission of StoresOnline, to other resellers. In the case of software products, Reseller acknowledges that such software is and will remain proprietary to StoresOnline, is copyrighted and that Reseller acquires no right, title or interest in or to any such software by this Agreement. Reseller agrees to sublicense the Services hereunder to its end-user customers or to other resellers, as the case may be, pursuant to the terms hereof and the Standard License Agreement Terms set forthon Exhibit "A" hereto, and to cause each of its customers or other resellers to sublicense the Services pursuant to such terms, which terms, in the case of a reseller, shall be deemed accepted upon store set-up, and in the case of end-user customers, shall be accepted electronically as part of the storefront registration process described below.
SALE OF SERVICES. For services provided by Cathay Group, Transaction terms are established through arm’s length negotiations. These terms are determined with reference to (i) the fees charged by independent third-party service providers to Cathay Group for the same type of services, and (ii) the service fees charged by Cathay Group to independent third-party customers for comparable services. This comprehensive approach to pricing ensures that the terms of the Transactions are fair, competitive, reflective of current market standards, and always on normal commercial terms or better. Payments under the Relevant Agreements shall be negotiated and agreed upon by the parties of the Relevant Agreement, based on the specific needs and circumstances of the underlying Service Arrangements under the Relevant Agreement. Unless otherwise agreed in the Relevant Agreement, any amount payable by one party to the other party under a Relevant Agreement shall be paid in cash within 45 days upon the first mentioned party’s receipt of an applicable invoice issued by the other party.
SALE OF SERVICES. 2.1 AUCS agrees to sell to Infonet and Infonet shall have the non-transferable right to purchase the Services set forth on Exhibit A.
2.2 A commercially workable ordering procedure for the Parties concerned will be put in place for processing orders of Services. The Indirect AUCS Stockholders will respectively cooperate fully using reasonable efforts to enable completion of the implementation of, and migration of contracts into, "Project Resolve" as described by AUCS by the end of January 2000.
SALE OF SERVICES. 4.1 The Reseller shall be entitled to submit to Eramba details of a potential Customer. Provided that no other reseller of Eramba nor Eramba itself, has contacted the Customer in the previous 6 months, if the Reseller submits an Order within 2 months of the date of submission, the Reseller shall be entitled to the Reseller Discount on such Order.
4.2 On receipt of a submission under Clause 4.1, if either Eramba or another reseller of Eramba has already submitted details of the potential Customer, Eramba shall notify the Reseller accordingly, and no Reseller Discount shall be due to the Reseller even if it submits an Order for the potential Customer within 2 months of the date of submission.
4.3 The Reseller shall be entitled to re-submit details of a potential Customer in accordance with Clauses 4.1 and 4.2 following completion of each 2 month period.
4.4 The Reseller shall submit Orders via electronic means as may be agreed between the parties and each Order shall contain full details of the Customer and the Services required. Eramba has the right to accept or reject each Order at its discretion. An Order is not binding on Eramba until the Customer has agreed to the Eramba Terms and Conditions.
4.5 The parties shall meet every 6 months, or more frequently at Eramba’s reasonable request to review the sales of the Services by the Reseller, to discuss the achievement of the Sales Targets and to discuss the Reseller’s marketing plans and forecast sales of the Services.
4.6 The Reseller will be solely responsible for, and will pay, any sales, use, excise, transfer, value-added and any other taxes and levies (other than taxes based on Eramba’s income) that are imposed by any governmental authority in connection with this Agreement.
4.7 The Reseller shall be solely responsible for and bear any cost relating to any withholding taxes and/or other such assessments which may be imposed by any governmental authority with respect to any amounts due to Eramba. The Reseller shall provide Eramba with official tax receipts or other such documentary evidence issued by applicable tax authorities sufficient to substantiate that any such taxes and/or assessments have been paid.
SALE OF SERVICES. 4.1. The Reseller shall submit Orders via electronic means as may be agreed between the parties and each Order shall contain full details of the Customer and the Services required together with a copy of the Eramba Terms and Conditions signed by the Customer. Eramba has the right to accept or reject each Order within 7 working days at its discretion.
4.2. The Reseller will be solely responsible for, and will pay any sales, use, excise, transfer, value-added and any other taxes and levies (other than taxes based on Eramba’s income) that are imposed by any governmental authority in connection with this Agreement.
4.3. The Reseller shall be solely responsible for and bear any cost relating to any withholding taxes and/or other such assessments which may be imposed by any governmental authority with respect to any amounts due to Eramba.
4.4. The Reseller shall pay to Eramba the Fee within 45 days of receipt of invoice. All sums payable under this Agreement are inclusive of value added or other sales tax.
4.5. Support Services provided under these Conditions shall not commence until Eramba receives a completed Order from the Reseller.
4.6. If the Reseller is late in paying any sum due under these Conditions, Eramba:
4.6.1. reserves the right to charge the Reseller interest at a rate of 2% per annum above the Bank of England base rate, on a daily basis from the date payment becomes due until Eramba has received payment of the overdue amount together with all interest that has accrued; and
4.6.2. has the right to suspend all Support Services until it has received payment of the overdue amount together with any accrued interest.
SALE OF SERVICES. Amway will make reasonable best efforts to (i) ---------------- promote the sale and distribution of the Services and (ii) encourage and give assistance to its Distributors to sell the Services to their existing and new customers.
SALE OF SERVICES. Bay Long Distance Activation Fees and Long Distance Toll Charges will be competitively priced with all other ACC programs. For greater clarity the Bay Long Distance Activation Fees and Long Distance Toll Charges will be the best total price package offered to any ACC customer.
