Sub-Resellers. 4.1. Customer may choose to allow its own Users (“sub-resellers”) to offer services using Tucows’ domain name registration and Personal Names services. Customer acknowledges sub-resellers are not in turn able to offer sub-reseller services using OpenSRS.
4.2. Customer accepts responsibility for the actions of its sub-resellers, and agrees to adhere its sub- resellers to all the conditions set forth both in this agreement and Appendix B.
4.3. Customer agrees to provide all necessary sales and technical support to its sub-resellers and related customers.
4.4. Customer acknowledges Tucows is not responsible for providing support to its sub-resellers, or customers of its sub-resellers, but may choose to provide support to them at its discretion.
4.5. When funding a sub-reseller’s balance, Customer agrees and acknowledges that Customer is financially responsible to Tucows for any of the Tucows services consumed or used by sub- resellers. In all other cases, Customer agrees and acknowledges that Customer’s sub-resellers are financially responsible to Tucows for any of the Tucows services consumed or used by sub- resellers.
Sub-Resellers. Reseller may only appoint sub-resellers if (a) Reseller’s Partner Level set forth above expressly permits such appointments, (b) such appointments meet the requirements set forth in the Channel Partner Program Guide, (c) Reseller has an enforceable written agreement with such sub-resellers that is at least as protective of Company and its Products as this Agreement and
(d) Reseller is, as between the parties, fully liable for each such sub-reseller’s acts and omissions. If all or part of the Territory is within the European Union, distribution of Products to an End User outside the Territory but within the European Union in response to such customer’s unsolicited order is not prohibited; however, Reseller may not engage in or initiate or encourage any marketing, promotion, or advertising outside, or intended or likely to reach outside, the Territory or in any language that is not the primary language of a country in the Territory.
Sub-Resellers. If Baxa engages any other reseller or distributor to distribute the Prodxxxx within the Territory, Baxa shall first enter into a written agreement with each such resellxx xr distributor that contains license restrictions, intellectual property protections, confidentiality obligations and indemnification obligations and other provisions protecting CDEX that are no less protective or restrictive, as applicable, than those set forth in this Agreement. In addition, any such distribution agreement must include a provision (i) obligating the distributor/reseller to agree that CDEX shall have no liability of any kind, direct or otherwise, arising out of or related to the distribution agreement between Baxa and such distributor/reseller; (ii) obligating the distributor/rxxxxler to enter into a customer agreement with each customer of the Products that contains similar protections for CDEX with respect to such customer; and (iii) designating CDEX as a third party beneficiary of such distribution agreement.
Sub-Resellers. If You are a Reseller and You appoint Sub-Resellers, You are solely responsible to ensure that: (i) prior to becoming a Sub-Reseller, each Sub-Reseller and agrees to and is legally bound by a written agreement for the resale of the Services, the terms of which are no less restrictive than the terms of this Agreement (“Sub Reseller Agreement”); (ii) each Sub-Reseller Agreement is effective and binding in all applicable jurisdictions; (iii) each Sub-Reseller complies at all times with the Sub-Reseller Agreement (including enforcing, at Your own expense, the terms of the Sub-Reseller Agreement); (
Sub-Resellers. Reseller may distribute the Resale Products to Customers through other companies or persons acting as resellers or distributors ("Sub-Resellers"), but only provided that: (A) Reseller must inform each such Sub-Reseller, fully and in advance: (1) of all restrictions and conditions applicable hereunder to Reseller's own activities regarding each Resale Product, and (2) that Sub- Reseller's own activities regarding each Resale Product must also comply fully with all such restrictions and conditions, and (B) Reseller at all times shall be and remain fully and directly liable to TeraByte for any and all activities by any Sub-Reseller that violate any such restriction or condition in relation to any Resale Product, as if such activities were performed entirely by Reseller itself. Reseller may not distribute any Resale Products through others in any manner other than as described immediately above in this paragraph.
Sub-Resellers. Reseller shall not, without Company's prior written approval, appoint sub-resellers, resellers or agents ("Sub-resellers") to market, sell, or lease Company Products.
Sub-Resellers. Reseller shall not, without Company's prior written approval, appoint sub-resellers, resellers or agents ("Sub-resellers") to market, sell, or lease Company Products; provided that Company shall not withhold such consent unreasonably if Reseller provides evidence of Company approved training and certification of such reseller or agent. Reseller shall be liable for the acts and omissions of any such Sub-resellers. Should Reseller resell Products to any Sub-reseller, and Products are further resold, the final end-user may not receive Gateway warranty or technical support.
Sub-Resellers. Reseller shall require each Sub-Reseller to comply with the terms and conditions of this Agreement and not perform any act inconsistent with the terms and conditions of this Agreement, including in particular the requirements set forth in Section 3.5 (“End User License Agreements”). Reseller shall be responsible for its Sub-Resellers’ compliance with the terms and conditions of this Agreement. Reseller shall ensure that all Sub-Resellers cease distribution and sale of Products upon termination of this Agreement or of Reseller’s rights hereunder.
Sub-Resellers. Section 3(w) of the Agreement is amended and restated in its entirety as follows:
(w) Customer may not engage sub-resellers to resell Products or Test Kits, except that with Agilent’s prior written consent, to be provided within thirty (30) days of Customer identifying a sub-reseller to Agilent, such consent not to be unreasonably withheld, Customer may engage sub-resellers to resell Test Kits to SomaScan Clients in a particular country if: (i) applicable law prohibits direct sale by Customer of Test Kits to such SomaScan Clients, or (ii) it is logistically or otherwise impractical for Customer to sell directly to SomaScan Clients in such country. Customer shall be fully responsible for all of its sub-resellers and any breach of this Agreement by a sub-reseller shall be deemed a breach by Customer.
Sub-Resellers. Subject to DomainPeople’s prior written consent, Reseller may make DP Services available to Sub-Resellers for further resale of DP Services to third parties. However, Reseller will be solely responsible, and DomainPeople will not be responsible whatsoever, for any and all liabilities associated with any Sub-Reseller. Reseller will take all commercially reasonable measures to ensure that DomainPeople is fully protected from all Sub-Resellers, namely by binding Sub-Resellers to terms and conditions substantially and materially similar to the terms and conditions of this Agreement.
