EXHIBIT 10.10
Ariba Supplier Link Program
Memorandum of Understanding
This Memorandum of Understanding ("MOU") is a non-binding document entered into
this date to summarize the understanding of collaboration efforts between Ariba
Technologies, Inc. ("Ariba") a Delaware corporation, headquartered at 0000
Xxxxxxxxxx Xxxxxxx, Xxxxxxxxx XX 00000 and the Ariba Supplier Link (ASL) Partner
("ASL Partner") named below.
Date: November 3, 1998
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Ariba Supplier Link (ASL) Partner:
Company name: 1-800-Batteries
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Corporate headquarters location: 0000 Xxxx Xxxxx
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Xxxx, XX 00000
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_________________________________
WHEREAS, ASL Partner is in the business of selling goods and services, or
providing services or technology for the supply chain, or selling information
about goods and services, to businesses;
WHEREAS, Ariba is a developer and supplier of enterprise application software
for Operating Resource Management;
WHEREAS, Ariba and ASL Partner wish to establish a relationship under which
Ariba and ASL Partner work together to meet the needs of their customers;
NOW THEREFORE, the parties set forth their mutual non-binding intent and
understanding as follows:
I) ASL Partner shall:
A) Support open standards for integration via the Internet between the
Ariba Operating Resource Management System (ORMS) and the ASL
Partner's system, where;
1) Customer implementation requirements or ASL Partner interests
drive the integration timing.
2) ASL Partner agrees to provide a technical liaison to facilitate
integration with Ariba.
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B) Allow Ariba or the ASL Partner to issue a mutually-acceptable and pre-
approved press release announcing that the ASL Partner has joined the
ASL Program and is, or will be capable of working with Ariba ORMS
customers. As part of this obligation, ASL Partner further agrees to:
1) Provide Ariba a quote to be used in said press release; and,
2) Make appropriate executives available to be interviewed by press
and analysts that may wish to further understand the significance
of the announcement.
C) Allow Ariba to promote the ASL Partner to Ariba's customers as an
Ariba ORMS-capable supplier.
D) Allow Ariba to promote the ASL Partner on xxx.xxxxx.xxx.
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E) Solely on its own best business judgement, the ASL Partner further
agrees to participate in public relations, promotions, and advertising
sponsored by Ariba.
II) Ariba shall:
A) Promote the ASL Partner to its customers and prospects through the
following methods, the exact form of which shall be Ariba's decision
alone based solely on Ariba's business judgement;
1) Announce that Ariba and the ASL Partner have entered into this
Ariba Supplier Link program memorandum of understanding with a
press release and press activities.
2) List ASL Partner on its public web site: xxx.xxxxx.xxx.
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3) Provide information on ASL Partner to its world-wide sales force
and implementation partners.
4) Provide ASL Partner the opportunity to exhibit and or sponsor
various Ariba-sponsored customer events including but not limited
to the Ariba Advisory Council and User Group. There may be a cost
associated with some of these exhibit activities.
5) Include ASL Partner in corporate presentations, literature, and
advertising.
B) Provide technical assistance to the ASL Partner, the extent of which
is up to the sole business judgement of Ariba.
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C) Seek the advice of the ASL Partner in its product development planning
efforts.
III) Contact Information
For Ariba: ASL Program Manager
Ariba Technologies, Inc.
0000 Xxxxxxxxxx Xxxxxxx
Xxxxxxxxx, XX 00000
(000)000-0000
XXX@xxxxx.xxx
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For ASL Partner: 1-800-Batteries
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Contact
Xxx Xxxx
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Name
0000 Xxxx Xxxxx
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Address 1
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Xxxxxxx 0
Xxxx, XX 00000
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City, State, ZIP
000-000-0000
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Phone
xxxx@0000xxxxxxxxx.xxx
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e-mail
IV) Approvals
All materials, whether printed or made available electronically, that are
prepared by either party and in any way mention the Ariba Supplier Link
Program (other than licensed use of the Ariba Supplier Link Logo) or the
other party must be approved by both parties in writing prior to use.
V) Term and Termination
A) The term of this MOU is one year from the date noted above unless
terminated by notice.
B) This MOU may be terminated by either party with thirty (30) days
notice to the other party.
C) Any changes to this MOU must be in writing and signed by the parties.
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D) This MOU is not intended to create a legal partnership or suggest that
the parties activities are directed to that purpose. The parties agree
that any formal legal relationship must be evidenced by a separate
document executed between the corporate officers of the respective
parties.
VI) Signatures
Ariba Technologies Inc.: ASL Partner:
By: /s/ Xxxxxx X. Xxxxxx By: /s/ Xxx Xxxx
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Signature Signature
Xxxxxx X. Xxxxxx Xxx Xxxx
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Name (Typed/printed) Name (Typed/Printed)
Chief Financial Officer CEO
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Title (Typed) Title (Typed)
11/3/98 11-3-98
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Date Date
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