Except as otherwise mutually agreed in writing, Reseller shall be responsible for all costs associated with its performance of this Agreement. Orders shall be shipped via the internet from NAKIVO's online warehouse. dollars in immediately available funds using a Visa, MasterCard, or American Express Credit Card, or by wire transfer, or in such other manner as Reseller shall pay for the Products in U.S. NAKIVO shall ship Products upon acceptance of Reseller's written order and Reseller's payment in full, except as otherwise mutually agreed in writing, for the Products. Reseller acknowledges that NAKIVO has the right, at any time and from time to time, to modify any or all of the products Prices. Reseller's initial price ("Price") for Products shall be as set forth in a subsequent product and pricing agreement after receiving the Resellers application. Further, NAKIVO reserves the right, in its sole discretion, at any time and from time to time, to modify any or all of the Products, or to discontinue the publication, distribution, sale or licensing of any or all of the Products without liability of any kind.Ģ. NAKIVO reserves the right to advertise, promote, market and distribute the Products, and to appoint third parties to advertise, promote, market and distribute the Products, worldwide, including in the Market. Without limiting the generality of the foregoing, All rights not specifically granted by NAKIVO hereunder are reserved by NAKIVO. Reseller may not authorize or appoint any dealers, sub-resellers, agents, representatives, subcontractors, or other third parties to advertise, promote, resell, or distribute the Products. For purposes of this Agreement, the term "End User" means a person or entity that desires to acquire the Products for its own use, rather than for resale or distribution. Reseller may advertise, promote and resell the Products solely to third party End Users within the Market. On the terms and subject to the conditions set forth herein, NAKIVO appoints Reseller as an independent, non-exclusive authorized Reseller of the Products in the geographic area identified in the country entered into the online application hereto ("Market"), and Reseller hereby accepts such appointment.
Reseller desires to obtain the right to act as an independent Reseller of the Products, with the non-exclusive right to market, promote and resell the Products.ġ.
NAKIVO has developed and desires to advertise, promote, market and distribute the company’s software products.ī. NAKIVO, Inc., a US corporation having a primary place of business at 4894 Sparks Blvd., Sparks, NV, 89436-8202 USA ("NAKIVO") and company name entered into the online application ("Reseller") having a primary place of business at the company address entered into the online application.Ī. This Non-Exclusive Software Reseller Agreement (this "Agreement") is entered into as of the date of approval into the NAKIVO Reseller Program (the "Effective Date"), by and between This contract is not effective until executed by Reseller, and received and accepted by NAKIVO by an electronic approval confirmation letter. NON-EXCLUSIVE NAKIVO SOFTWARE RESELLER AGREEMENT