End-User or You are solely responsible for reviewing data that will be provided to or accessed by Dell to ensure that it does not contain Excluded Data.10. This Agreement (including the General Terms, applicable Partner Specific Terms, and all documents, terms and conditions (as each may be modified) that are referenced herein) constitutes the entire agreement between Partner and Dell Technologies regarding the Program, including subprograms, rebates, incentives, and marketing programs. Notwithstanding anything otherwise set forth in this paragraph or Section 3.D (No Return) above, no right of return shall be provided for Products that are specifically excluded from the Return Policy located at www.dell.com/returnspolicy.H. 13.3 Dispute Resolution. Dell reserves the right to charge you a late payment fee of 1.5% per month (18% per annum) applied against undisputed overdue amounts, or the maximum rate permitted by law, whichever is less. You are free to determine and set your resale pricing of Products and Services. Orders for certain Software may require purchase of related services or maintenance. You understand and agree that Dell makes no warranties or assurances that the Dell Products and Services are suitable for any High-Risk Activities and you shall defend and indemnify Dell from any claims made by third parties resulting from any such High-Risk Activities. Excluded Data means: (i) data that is classified, used on the U.S. 1 Pallet 63 Pcs Curtains & Window Coverings, Kitchen & Dining, Vacuums, Lighting & Light Fixtures Untested Customer Returns Better Homes and Gardens, Mainstays, Better Homes & Gardens, Keurig, DAILY DEAL! You warrant that you have the right and approvals to disclose the reports and information to Dell and for Dell to use the reports and information. Third Party Products may carry a limited warranty from the third-party publisher, provider, licensor or original manufacturer of such Third Party Products. C. Warranty Disclaimer. Eligibility. Not valid for resellers and/or online auctions. A(i) Infrastructure Product Warranty. This Agreement does not apply to you if you are buying Products and Services for your own internal end-use or for use as an OEM Customer (defined below). The Reseller Agreement (i) cannot be inconsistent with or less protective of Dells proprietary and intellectual property rights than the terms of this Agreement, (ii) cannot grant a Reseller any rights that are inconsistent with the rights granted to you under this Agreement, and (iii) must include a pass through of the restrictions and requirements that apply to your performance under this Agreement, including, without limitation, a prohibition against exporting Products outside of the U.S. You will enforce each Reseller Agreement with the same degree of diligence that you use to enforce similar agreements for your own or other products that you distribute, but in no event less than reasonable efforts. 2.1 Agreement. Although the merits of the underlying Dispute will be resolved in accordance with this Section13 (Miscellaneous), any party has the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction, or other equitable relief to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitation periods, or preserve a superior position with respect to other creditors. Officially Refurbished Products shall be designated as Grade A refurbished or some other similar title not given to other refurbished systems and shall not be located adjacent to or marketed alongside with any other refurbished systems. 6.1 During the term of this Agreement and a period of ve (5) years thereafter you will maintain legible, accurate and complete books, records, and documents concerning this Agreement and your activities hereunder. You understand that not all Products and Services may be purchased for resale under your Ordering Agreement.
Dell Technologies Partner Program Terms and Conditions Dell may disclose Confidential Information (including pricing information) to third parties, if Dell believes the Confidential information is useful in conducting any investigation or other proceeding that involves compliance, fraud, corruption, antitrust, or collection efforts. In particular, bidding on keywords is permissible without Dells prior written permission in the European Economic Area (EEA), Switzerland, San Marino, Vatican State, Australia and Japan; however, if you will request Dell Technologies to fund the keyword bidding activities, Dell Technologies may require additional terms and conditions related to such funding. Security procedures used in the Partner Portal are solely for the purposes of authentication of a transmission. Therefore, by registering to use the Dell Marketplace, you are agreeing to both Hosts and Dells privacy policies. You will keep all Condential Information strictly condential until three (3) years after the termination of this Agreement, using at least the same degree of care as you use to protect your own condential information, but no less than reasonable care. You may not publicly release any information relating to this Agreement, including the existence of this Agreement, without first receiving Dells prior express written approval. You will keep all Dell Confidential Information confidential for a period of three years from the date of Dells disclosure to you and use at least the same degree of care as you use to protect your own confidential information but no less than reasonable care. If you purchase a multi-year software license and related support or maintenance, and you and Dell agree to make installation payments of the purchase price over the term of the license, then you shall make all such installation payments in full and your purchase is non-cancellable over the term of the license. Unless otherwise agreed, Dell will choose the common carrier. Products, parts and assemblies used for warranty repairs and Services may be new or reconditioned. I further understand that if I do not agree to these terms and conditions, or if I do not have the authority to accept these terms and conditions, I should not check this box and my application to access the Dell Marketplace will be declined. Dell Technologies may suspend or terminate your participation in the Program, in whole or in part, without prior written notice: (a) for any breach of this Agreement or any other agreement related to your participation in the Program, or (b) for any attempt to impair the integrity of the Program as determined by Dell Technologies.
Dell Reseller Agreement - DirectLiquidation You shall include all contracts that are Dell Technologies Powered (on EMC, Dell or Dell Technologies equipment). Quotes for Products and Services intended for sale to Federal End Users must be solicited from the Dell Technologies Federal Sales Team. You may not cancel Orders except with Dells written approval. You have adequate controls and systems in place to screen, and are fully responsible for screening, transactions of all other third parties who may assist, benefit from, or provide goods or services to, or received goods or services from, you and to ensure compliance with applicable laws pertaining to Sanctions. Each Order must include the correct name of, and be placed with the Dell entity that provided the applicable quote and Dell may request corrections or reissuance of Orders to ensure the correct entity is listed. For Dell Software, if (i) the End-User does not agree to be bound by the Dell EULA, (ii) the Dell EULA provides End-User a specified right of return in the event End-User does not accept the Dell EULA terms, (iii) the End-User has not downloaded, installed, activated or otherwise used the Dell Software and (iv) the End-User exercises the right to return the Dell Software (including media, written materials and packaging) and any hardware to which such Dell Software is attached, then you will be entitled to return such hardware and the Dell Software to Dell for a refund; provided, however, your right to return and obtain a refund, as permitted in this paragraph, expires twenty-one (21) days from the date of Dells invoice to you, and further provided that Dell may require documentation from the End-User of its objection to the software license agreement and its receipt of refund from you.
Reseller Agreements | Dell Australia If you breach the provisions of this Agreement or the terms of any offer, Dell may charge or re-debit your account or credit card the full list price for your purchase (in lieu of a discounted or special price included in the offer). Security Interest. 4.4 Purchases for Resale to Federal End User. Dell reserves the right, in its sole discretion, to suspend or terminate the provision of any one or more of the Services to an End-User in response to such End-Users violation, or suspected violation, of any of the Services Flowdown Terms, and Dell will have no liability to you or End-User as a result of any such suspension or termination. If you do not receive an invoice or acknowledgement in the mail or with your Products and/or Services, information about your purchase may be obtained here (or in Canada here) or by contacting your Dell sales representative. Dell Technologies reserves the right to interpret the rules of the Program and subprograms in its sole discretion. Warranty Disclaimer. E. Dell is not required to provide access to Software and may suspend Software usage if End-User has not agreed and accepted the applicable Dell EULA or Separate License Terms. Before Dell issues a quote, Dell may require you to provide information concerning the End-User and you agree to provide such information. You will provide Dell such information and reports as Dell may reasonably request. Title to hardware Products and physical media containing Software passes to you upon Delivery. In connection with the Program, you may have access to or be exposed to (through the Partner Portal or other means) any materials, data, or information, whether in written, oral, electronic, website-based, or other forms, that is not generally known to the public (collectively, "Condential Information"). If you are permitted to participate in the deal registration program, your registrations are subject to the Deal Registration Terms and Guidelines North America located here. No provision of this Agreement will or shall be deemed to create a partnership, joint venture or other combination between you and Dell. You are responsible for inspecting the package(s) upon delivery and must note any visible damage on the proof of delivery (POD) or other delivery receipt you may be requested to sign. Different Ordering Agreement may apply to different Products and Services. You understand that deal registrations in the Partner Portal can be automatically linked to leads in the Lead Management Tool. Page 1 <PAGE> (Continued from Page 1, CommVault Systems Reseller Agreement) By signing below, the Reseller acknowledges that it has read, understands, and agrees, to be bound by all terms and conditions of this Reseller Agreement, including . Fax: (402) 420-6006 You shall market Officially Refurbished Products, whether on retail shelves, online web pages or any other venue, separately and distinctly from all other refurbished systems. Our acceptance of any order for any Products or Services is contingent upon your compliance with the provisions of this clause. You may share Dell Confidential Information with only your employees who have a need to know and who are subject to legally binding obligations of confidentiality no less restrictive than those imposed by this Agreement. Such computer systems and related products and services (collectively referred to as Officially Refurbished Products or Products) shall include refurbished Dell-branded computer systems, imaging products, monitors and third party software that may be installed on the foregoing, and related services (Services), as defined in Section 3 below. Ultrabook, Celeron, Celeron Inside, Core Inside, Intel, Intel Logo, Intel Atom, Intel Atom Inside, Intel Core, Intel Inside, Intel Inside Logo, Intel vPro, Itanium, Itanium Inside, Pentium, Pentium Inside, vPro Inside, Xeon, Xeon Phi, Xeon Inside, and Intel Optane are trademarks of Intel Corporation or its subsidiaries in the U.S. and/or other countries. Submit a blank POS Report if there is no activity that month. CTS), or if the end-user is located in Canada, the then-current Dells Commercial Terms of Sale (Canada) set forth at www.dell.ca/terms (the Canada CTS) (subparts (a) and (b) are the Ordering Agreement). (B)Except as otherwise provided by law, this section 6.1 states your exclusive remedies for any third party intellectual property claim relating to Indemnified Products, and nothing in this Agreement or elsewhere will obligate Dell to provide any greater indemnity. Taxes, shipping and handling charges and any government mandated or other regulated environmental disposal surcharges are not included in prices for Products and Services, unless expressly indicated at the time of sale.B. You agree not to provide any written regulatory certifications or notifications on behalf of Dell. You will immediately notify Dell if you become aware of any End-Users violation of a Dell EULA or Separate License Terms. Unless you and Dell have agreed to a different discount structure, Dell's standard pricing policy for a solution that includes hardware, software, and services in one discounted price, allocates the discount off list price applicable to the services portion of the solution to be equal to the overall percentage discount off of the list price of the entire solution. SOFTWAREA. ALL DELL CONFIDENTIAL INFORMATION IS PROVIDED AS IS. Payment. You may share Condential Information with only your employees who have a need to know in furtherance of the business relationship between you and Dell Technologies and who are subject to legally binding obligations of condentiality at least as restrictive as those imposed on you in this Agreement. You may not violate the terms of any product listing or concession. 4.6 Compliance. You consent to Dells use of this Agreement, as well as Product invoices, as financing statements for protecting this security interest and appoint Dell as your agent for service of process. DELL AND ITS LICENSORS AND SUPPLIERS DO NOT WARRANT THAT SOFTWARE WILL OPERATE UNINTERRUPTED, BE FREE FROM DEFECTS, OR MEET END-USERS REQUIREMENTS. For certain Third Party Software transactions, if requested by Dell, you will notify End-User in your End-User Agreement that the Third Party Software is subject to and governed by Separate License Terms and you will ensure the End-User agrees and accepts the Separate License Terms. You will defend and indemnify Dell Parties (defined in Section 7.C below) from and against any claims, damages, liabilities, losses, costs and expenses (including reasonable attorneys fees) arising out of or relating to any third-party claim or action relating to tax liabilities that are your responsibility. Should Dell revoke your ability to show Logo, you shall immediately remove it from your marketing or website. The term Partner Lead Contact Data shall mean any contacts rst and last name, e-mail address, and phone number that (i) were not provided by Dell Technologies and (ii) you choose to record in the Lead Management Tools. Upon Dells request, you will provide to Dell a certificate of such insurance (including any new or amended certificates of insurance) and/or name Dell as an additional insured. At the end of this retention period, you will appropriately dispose of all records. You will maintain legible, accurate and complete books and records for the term of this Agreement and a period of five years thereafter concerning this Agreement and your activities under this Agreement. (3)you, your Resellers or your End Users cause intentional harm to any person or property. You shall not use any Names for any other purpose, and shall not use any other Dell or Dell Affiliate trademarks, services marks, logos, or copyrighted works, unless and to the extent you are expressly granted such usage right under the Dell EMC Partner Program. 1.6 Precedence. You must work with your designated carrier for reimbursement.C. If you do not receive an invoice or acknowledgement in the mail or with your Products and/or Services, information about your purchase may be obtained here (or in Canada here) or by contacting your Dell sales representative.B. Each accepted Order will be interpreted as a single agreement, independent of any other Orders. As between you and Dell, you are responsible for the design and implementation of configurations, systems, networks, and services suitable for the risks involved in the End-User applications and operating environments into which you sell.9. 6.2 Dell Technologies may deny any claim that it believes, in its sole discretion, does not conform to this Agreement, the Program, or subprogram terms.
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