Common use of Unauthorized Resellers Clause in Contracts

Unauthorized Resellers. Upon Reseller receiving written notice from WTD that WTD has reason to believe that Reseller is selling WTD product to an unauthorized party that is reselling WTD products to third parties and/or that Reseller is selling WTD product to a party that is reselling WTD products in violation of any WTD policy, Reseller expressly agrees to cooperate fully with any investigation by WTD into such activity, including allowing WTD to audit Reseller's books, records, purchase orders and communications, in addition to any other relevant sources of information, in order to ascertain the identity of the unauthorized or violating reseller. Reseller shall provide WTD with all requested information within seven business days of WTD's request for said information and shall provide WTD with Xxxxxxxx's good faith best etforts to establish the identity and all necessary information related to said unauthorized and/or violating reseller. Reseller expressly agrees that, in such circumstances, WTD does not have an adequate remedy at law, and that WTD may pursue mandatory injunctive relief in the agreed-upon jurisdictions referenced in paragraph 16 (f) to obtain this information if, in WTD's sole and absolute discretion, Xxxxxxxx has not adequately responded to WTD's request for information with regard to any unauthorized reseller and/or reseller operating in violation of any WTD policy.

Appears in 4 contracts

Samples: Direct Reseller Agreement, Direct Reseller Agreement, Direct Reseller Agreement

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Unauthorized Resellers. Upon Reseller receiving written notice from WTD that WTD has reason to believe that Reseller is selling WTD product to an unauthorized party that is reselling WTD products to third parties and/or that Reseller is selling WTD product to a party that is reselling WTD products in violation of any WTD policy, Reseller expressly agrees to cooperate fully with any investigation by WTD into such activity, including allowing WTD to audit Reseller's books, records, purchase orders and communications, in addition to any other relevant sources of information, in order to ascertain the identity of the unauthorized or violating reseller. Reseller shall provide WTD with all requested information within seven business days of WTD's request for said information and shall provide WTD with Xxxxxxxx's good faith best etforts efforts to establish the identity and all necessary information related to said unauthorized and/or violating reseller. Reseller expressly agrees that, in such circumstances, WTD does not have an adequate remedy at law, and that WTD may pursue mandatory injunctive relief in the agreed-upon jurisdictions referenced in paragraph 16 (f) to obtain this information if, in WTD's sole and absolute discretion, Xxxxxxxx has not adequately responded to WTD's request for information with regard to any unauthorized reseller and/or reseller operating in violation of any WTD policy.

Appears in 2 contracts

Samples: Direct Reseller Agreement, Direct Reseller Agreement

Unauthorized Resellers. Upon Reseller receiving written notice from WTD MNAPL that WTD MNAPL has reason to believe that Reseller is selling WTD MNAPL product to an unauthorized party that is reselling WTD MNAPL products to third parties and/or that Reseller is selling WTD MNAPL product to a party that is reselling WTD MNAPL products in violation of any WTD MNAPL policy, Reseller expressly agrees to cooperate fully with any investigation by WTD MNAPL into such activity, including allowing WTD MNAPL to audit Reseller's books, records, purchase orders and communications, in addition to any other relevant sources of information, in order to ascertain the identity of the unauthorized or violating reseller. Reseller shall provide WTD MNAPL with all requested information within seven business days of WTDMNAPL's request for said information and shall provide WTD MNAPL with XxxxxxxxReseller's good faith best etforts efforts to establish the identity and all necessary information related to said unauthorized and/or violating reseller. Reseller expressly agrees that, in such circumstances, WTD MNAPL does not have an adequate remedy at law, and that WTD MNAPL may pursue mandatory injunctive relief in the agreed-upon up on jurisdictions referenced in paragraph 16 (f16(f) to obtain this information if, in WTDMNAPL's sole and absolute discretion, Xxxxxxxx Reseller has not adequately responded to WTDMNAPL's request for information with regard to any unauthorized reseller and/or reseller operating in violation of any WTD MNAPL policy.

Appears in 2 contracts

Samples: assets.weathertech.com, assets.weathertech.com

Unauthorized Resellers. Upon Reseller receiving written notice from WTD MNAPL that WTD MNAPL has reason to believe that Reseller is selling WTD MNAPL product to an unauthorized party that is reselling WTD MNAPL products to third parties and/or that Reseller is selling WTD MNAPL product to a party that is reselling WTD MNAPL products in violation of any WTD MNAPL policy, Reseller expressly agrees to cooperate fully with any investigation by WTD MNAPL into such activity, including allowing WTD MNAPL to audit Reseller's books, records, purchase orders and communications, in addition to any other relevant sources of information, in order to ascertain the identity of the unauthorized or violating reseller. Reseller shall provide WTD MNAPL with all requested information within seven business days of WTDMNAPL's request for said information and shall provide WTD MNAPL with XxxxxxxxReseller's good faith best etforts efforts to establish the identity and all necessary information related to said unauthorized and/or violating reseller. Reseller expressly agrees that, in such circumstances, WTD MNAPL does not have an adequate remedy at law, and that WTD MNAPL may pursue mandatory injunctive relief in the agreed-upon up on jurisdictions referenced in paragraph 16 (f) to obtain this information if, in WTDMNAPL's sole and absolute discretion, Xxxxxxxx Reseller has not adequately responded to WTDMNAPL's request for information with regard to any unauthorized reseller and/or reseller operating in violation of any WTD MNAPL policy.

Appears in 1 contract

Samples: assets.weathertech.com

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Unauthorized Resellers. Upon Reseller receiving written notice from WTD that WTD has reason to believe that Reseller is selling WTD product to an unauthorized party that is reselling WTD products to third parties and/or that Reseller is selling WTD product to a party that is reselling WTD products in violation of any WTD policy, Reseller expressly agrees to cooperate fully with any investigation by WTD into such activity, including allowing WTD to audit Reseller's books, records, purchase orders and communications, in addition to any other relevant sources of information, in order to ascertain the identity of the unauthorized or violating reseller. Reseller shall provide WTD with all requested information within seven business days of WTD's request for said information and shall provide WTD with Xxxxxxxx's good faith best etforts eforts to establish the identity and all necessary information related to said unauthorized and/or violating reseller. Reseller expressly agrees that, in such circumstances, WTD does not have an adequate remedy at law, and that WTD may pursue mandatory injunctive relief in the agreed-upon jurisdictions referenced in paragraph 16 (f) to obtain this information if, in WTD's sole and absolute discretion, Xxxxxxxx has not adequately responded to WTD's request for information with regard to any unauthorized reseller and/or reseller operating in violation of any WTD policy.

Appears in 1 contract

Samples: Direct Reseller Agreement

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