Common use of Your Responsibilities To IBM Clause in Contracts

Your Responsibilities To IBM. You agree: 1. to develop a mutually acceptable business plan with us or your IBM Distributor, as we specify, if we require one. Such plan will document your marketing plans as they apply to our relationship. IBM or your IBM Distributor will review the plan, at a minimum, once a year; 2. that, unless precluded by applicable law, if we specify a minimum attainment, one of the requirements for you to retain this relationship is that you achieve such attainment; 3. to provide us, or our representative, with access to your facilities in order for us to fulfill our obligations and to review your compliance with the Agreement; 4. to provide us or your distributor with marketing, sales, installation reporting and inventory information for our products and services as we specify or as we require your distributor to provide to us; 5. if you acquire Products you are approved to market from your Distributor for demonstration, development, and evaluation purposes, to use such Products primarily in support of your Product marketing activities and to retain such Products for twelve months from the Date of Installation of the Products, unless specified otherwise for specific Products by your Distributor. If you acquire Products you are approved to market from your Distributor for internal use, to use such Products only within your Business Partner operations. Any value added enhancement or system integration services otherwise required by your relationship is not applicable when you acquire Products for internal use. You must retain such Products for a minimum of twelve months unless otherwise specified by your Distributor; 6. to comply with all terms regarding Program upgrades; 7. your rights under this Agreement are not property rights and, therefore, you can not transfer them to anyone else or encumber them in any way; 8. to maintain the criteria we specified when we approved you; 9. for a Program requiring the End User’s signature on the Program’s license agreement, to obtain the signature before providing the Program to the End User, and return any required documentation to your IBM Distributor (all other Programs are licensed under the terms of the agreement provided with them); 10. to retain records of each Product and Service transaction (for example, a sale, a credit or a warranty claim) for three years and provide us relevant records on request. We may reproduce and retain copies of these records; 11. to provide information, including installation reporting, to us or your IBM Distributor, as we require your Distributor to provide to us; 12. to report to us any suspected Product defects or safety problems, and to assist us in tracing and locating products; 13. if during our review of your compliance with your Business Partner Agreement with us, we find that you have materially breached the terms of this Agreement, then in addition to IBM’s remedies under the terms of this Agreement, you may be subject to restitution of discount or other financial penalties under the terms of your agreement with your IBM Distributor; 14. that you will not offer or make payments or gifts (monetary or otherwise) to anyone for the purpose of wrongfully influencing decisions in favor of IBM, directly or indirectly. IBM may terminate this Agreement immediately in case of a) a breach of this clause or b) when IBM reasonable believes such a breach has occurred; 15. that your conduct under this Agreement will be consistent with the antiboycott laws and regulations of the United States; 16. when Machines and Programs are shipped together not to separate them and that you provide them to End Users as they have been provided to you; and 17. ensure that the Microsoft Certificate of Authenticity (COA) and Associated Product Material (APM) included with IBM Products containing Microsoft Programs are not removed, and are provided with the IBM Product to the End User, Microsoft Programs are not to be priced separately when shipped together with Machines.

Your Responsibilities To IBM. You agree: 1. to develop a mutually acceptable business plan with us or your IBM Distributor, as we specify, if we require one. Such plan will document your marketing plans as they apply to our relationship. IBM or your IBM Distributor will review the plan, at a minimum, once a year; 2. that, unless precluded by applicable law, if we specify a minimum annual attainment, one of the requirements for you to retain this relationship is that you achieve such attainment; 3. to provide us, or our representative, representative with access to your facilities in order for us to fulfill our obligations and to review your compliance with the Agreement; 4. to provide us or your distributor with marketing, sales, installation reporting and inventory information for our products and services as we specify or as we require your distributor to provide to us; 5. if you acquire Products you are approved to market from your Distributor for demonstration, development, and evaluation purposes, to use such Products primarily in support of your Product marketing activities and to retain such Products for twelve months from the Date of Installation of the Products, unless specified otherwise for specific Products by your Distributor. If you acquire Products you are approved to market from your Distributor for internal use, to use such Products only within your Business Partner operations. Any value added enhancement or system integration services otherwise required by your relationship is not applicable when you acquire Products products for internal use. You must retain such Products for a minimum of twelve months unless otherwise specified by your Distributor; 65. to comply with all terms regarding Program upgrades; 76. your rights under this Agreement are not property rights and, therefore, you can not transfer them to anyone else or encumber them in any way; 87. to maintain the criteria we specified when we approved you; 98. for a Program requiring the End User’s 's signature on the Program’s 's license agreement, to obtain the signature before providing the Program to the End User, and return any required documentation to your IBM Distributor (all other Programs are licensed under the terms of the agreement provided with them); 109. to retain records of each eac Product and Service transaction (for example, a sale, a credit or a warranty claim) for three years and provide us relevant records on request. We may reproduce and retain copies of these records; 1110. to provide information, including installation reporting, to us or your IBM Distributor, as we require your Distributor to provide to us; 1211. to report to us any suspected Product defects or safety problems, and to assist us in tracing and locating productsProducts; 12. that the products and deliverables you market in conjunction with IBM Products and Services are Year 2000 Ready. A product (for example, a machine or program) or a deliverable is Year 2000 Ready if the product of deliverable, when used in accordance with its associated documentation, is capable of correctly processing, providing and/or receiving date data within and between the twentieth and twenty-first centuries, provided that all products used with the product or deliverable properly exchange accurate date data with it; 13. if during our review of your compliance with your Business Partner Agreement with us, we find that you have materially breached the terms of this Agreement, then in addition to IBM’s 's remedies under the terms of this Agreement, you may be subject to restitution of discount or other financial penalties under the terms of your agreement with your IBM Distributor;; and 14. that you to comply with the highest ethical principles in performing under the Agreement. You will not offer or make payments or gifts (monetary or otherwise) to anyone for the purpose of wrongfully influencing decisions in favor of IBM, directly or indirectly. IBM may terminate this Agreement immediately in case of a) a breach of this clause or b) when b)when IBM reasonable reasonably believes such a breach has occurred; 15. that your conduct under this Agreement will be consistent with the antiboycott laws and regulations of the United States; 16. when Machines and Programs are shipped together not to separate them and that you provide them to End Users as they have been provided to you; and 17. ensure that the Microsoft Certificate of Authenticity (COA) and Associated Product Material (APM) included with IBM Products containing Microsoft Programs are not removed, and are provided with the IBM Product to the End User, Microsoft Programs are not to be priced separately when shipped together with Machines.

Your Responsibilities To IBM. You agree: 1. to develop a mutually acceptable business plan with us or your IBM Distributor, as we specify, if we require one. Such plan will document your marketing plans as they apply to our relationship. IBM or your IBM Distributor will review the plan, at a minimum, once a year; 2. that, unless precluded by applicable law, if we specify a minimum annual attainment, one of the requirements for you to retain this relationship is that you achieve such attainment; 3. to provide us, or our representative, with access to your facilities in order for us to fulfill our obligations and to review your compliance with the Agreement; 4. to provide us or your distributor with marketing, sales, installation reporting and inventory information for our products and services as we specify or as we require your distributor to provide to us; 5. if you acquire Products you are approved to market from your Distributor for demonstration, development, and evaluation purposes, to use such Products primarily in support of your Product marketing activities and to retain such Products for twelve months from the Date of Installation of the Products, unless specified otherwise for specific Products by your Distributor. If you acquire Products you are approved to market from your Distributor for internal use, to use such Products only within your Business Partner operations. Any value added enhancement or system integration services service otherwise required by your relationship is not applicable when you acquire Products for internal use. You must retain retail such Products for a minimum of twelve months unless otherwise specified by your Distributor; 65. to comply with all terms regarding Program upgrades; 76. your rights under this Agreement are not property rights and, therefore, you can not transfer them to anyone else or encumber them in any way; 87. to maintain the criteria we specified when we approved you; 98. for a Program requiring the End User’s 's signature on the Program’s 's license agreement, to obtain the signature before providing the Program to the End User, and return any required documentation to your IBM Distributor (all other Programs are licensed under the terms of the agreement provided with them); 10. to retain records of each Product and Service transaction (for example, a sale, a credit or a warranty claim) for three years and provide us relevant records on request. We may reproduce and retain copies of these records; 11. to provide information, including installation reporting, to us or your IBM Distributor, as we require your Distributor to provide to us; 12. to report to us any suspected Product defects or safety problems, and to assist us in tracing and locating products; 13. if during our review of your compliance with your Business Partner Agreement with us, we find that you have materially breached the terms of this Agreement, then in addition to IBM’s remedies under the terms of this Agreement, you may be subject to restitution of discount or other financial penalties under the terms of your agreement with your IBM Distributor; 14. that you will not offer or make payments or gifts (monetary or otherwise) to anyone for the purpose of wrongfully influencing decisions in favor of IBM, directly or indirectly. IBM may terminate this Agreement immediately in case of a) a breach of this clause or b) when IBM reasonable believes such a breach has occurred; 15. that your conduct under this Agreement will be consistent with the antiboycott laws and regulations of the United States; 16. when Machines and Programs are shipped together not to separate them and that you provide them to End Users as they have been provided to you; and 17. ensure that the Microsoft Certificate of Authenticity (COA) and Associated Product Material (APM) included with IBM Products containing Microsoft Programs are not removed, and are provided with the IBM Product to the End User, Microsoft Programs are not to be priced separately when shipped together with Machines.