Affiliate Ordering. Jitterbit and a Client Affiliate may mutually agree to execute an Order Form under which a Client Affiliate may acquire Professional Services, Support Services or Jitterbit Applications from Jitterbit. An executed Order Form between Jitterbit and Client Affiliate will constitute a separate contract between the relevant Client Affiliate and Jitterbit incorporating all the terms and conditions of this Agreement, except that the term “Client” will be construed to refer to the Client Affiliate. Any Client Affiliate directly purchasing Professional Services, Support Services or Jitterbit Applications will be solely responsible for payment, will be entitled to all of the rights and benefits afforded to Client under this Agreement.
Affiliate Ordering. Affiliates of Customer may procure Services from Vendor under the terms and conditions of this Agreement, provided that each such Affiliate enters into a Statement of Work for such Services referencing this Agreement. Any Affiliate that enters into such a Statement of Work with Vendor will be deemed to be “Customer” hereunder for purposes of such procurement; provided that such Statement of Work(s), together with this Agreement, will constitute a separate contract and Vendor will look solely to such Affiliate (and not to Customer) for satisfaction of any liability arising under or relating to such procurement by an Affiliate. For purposes of this Agreement, “Affiliate” means, with respect to either party, an entity that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such party, where “control” means (i) the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through the ownership of voting securities, by contract or otherwise, and/or (ii) ownership of at least fifty percent (50%) of the voting stock, shares or interests of any such entity. Vendor understands and acknowledges that Customer completes acquisitions from time to time in the ordinary course. In the event that Customer acquires a business which is under an existing contract with Vendor, Vendor agrees to provide Customer a reasonable period of time to evaluate the contract in place with the acquired business and, at Customer’s discretion, add the acquired business to Customer’s contract with Vendor, or add Customer to the acquired business’s contract with Vendor. Vendor further agrees that no termination penalties, liquidated damages or early termination fees will apply in such situations. If Customer acquires a company with a relationship with Vendor, if such acquired company has better pricing negotiated with Vendor than the pricing herein, then Customer may elect to covert this Agreement to such lower pricing enjoyed by the acquired company.
Affiliate Ordering. Jitterbit and a Customer Affiliate may mutually agree to execute an Order Form under which a Customer Affiliate may acquire Professional Services, Support Services or Jitterbit Platform from Jitterbit. An Order Form between Jitterbit and Customer Affiliate constitutes a separate contract between the Customer Affiliate and Jitterbit incorporating the terms and conditions of this Agreement, except that the term “Customer” means Customer Affiliate. A Customer Affiliate directly purchasing a subscription to the Platform, Support, or Professional Services is subject to all the obligations, and will be entitled to all of the rights and benefits of the Customer under this Agreement subject to the usage restrictions of the Order Form between Jitterbit and such Customer Affiliate.
Affiliate Ordering. Customer Affiliates may purchase the Subscription Service from Nuvolo by executing a separate Order Form which is governed by the terms of this Agreement, including the need for a separate ServiceNow instance. This will establish a new and separate agreement between the Customer Affiliate and Nuvolo.
Affiliate Ordering. If Your Affiliate licenses a separate instance of the respective GoodData services under the terms of the Agreement, then such Affiliate will be deemed a party to this Addendum and shall be treated as You under the terms of this Addendum.
Affiliate Ordering. Supplier agrees that Customer’s Affiliates may order Final Products directly from Supplier in accordance with the terms and conditions of this Agreement, and request that Final Products be Delivered directly to such Customer Affiliate together with the appropriate invoices. Any Order placed by a Customer Affiliate and accepted by Supplier shall form a separate and distinct agreement between the parties to such Order. References to either Party in the terms and conditions of this Agreement shall be read as references to the respective Party to any Order for the purpose of said Order. Only the parties to an order shall be bound by such Order.
Affiliate Ordering. Any Affiliate of Xxx Automotive may procure Services from Supplier under the terms and conditions of this Agreement; provided that if an Affiliate of Xxx Automotive desires to procure Services from Supplier under the terms and conditions of this Agreement, such Affiliate must enter into a Statement of Work specifically referencing this Agreement and stating such Statement of Work is subject to and governed by the terms and conditions set forth herein, except as explicitly amended, modified, altered or supplemented thereby (each such Statement of Work between a Xxx Automotive Affiliate and Supplier, an “Affiliate SOW”). Each Affiliate SOW, together with any subsequent Affiliate SOW, entered into between such Xxx Automotive Affiliate and Supplier and the applicable terms of this Agreement shall constitute a separate contract between such Affiliate of Xxx Automotive and Supplier (each such contract, an “Affiliate Agreement”) and for purposes of such Affiliate Agreement all references to Xxx Automotive herein shall be deemed to be references to such Xxx Automotive Affiliate. Supplier will look solely to such Xxx Automotive Affiliate (and not to Xxx Automotive) for satisfaction of any liability arising under or relating to procurement of products or services by such Affiliate under any Affiliate Agreement.
Affiliate Ordering. A Customer’s Affiliate located within the Ordering Territory (“Authorized Affiliate”), who wishes to own licenses and hold Support in its own name may execute an Affiliate Participation Addendum referencing this Agreement. Authorized Affiliate(s) shall receive its own Affiliate SAN. The Subscription Period(s) for an Authorized Affiliate(s) will be based on the start and dates identified in the Affiliate Addendum and not based on the start and end dates in this Agreement.
Affiliate Ordering. “Affiliates” shall mean any person or entity directly or indirectly Controlling, Controlled by or under common Control with a party to the Agreement, where “Control” means the legal power to direct or cause the direction of the general management of the company, partnership or other legal entity. If a Customer Affiliate desires to purchase the Subscription Service outside of North America, the Customer Affiliate must place its order with CDIMS’s applicable regional Affiliate (“CDIMS Affiliate”), which will establish a new and separate agreement between the Customer Affiliate and the CDIMS Affiliate, the terms and conditions of which shall be the same as the terms and conditions contained in this Agreement, except for the following without limitation: (i) a different tax rate or assessment may govern the Customer Affiliate order; (ii) any pricing commitments shall not apply; (iii) governing law and notice may be different; and (iv) Customer Affiliate will purchase CDIMS’s then current service offering.
Affiliate Ordering. “Affiliates” shall mean any person or entity directly or indirectly Controlling, Controlled by or under common Control with a party to the Agreement, where “Control” means the legal power to direct or cause the direction of the general management of the company, partnership or other legal entity. If a Customer Affiliate desires to purchase the Subscription Service, the Customer Affiliate must place its order with ServiceNow’s applicable regional Affiliate (“ServiceNow Affiliate”), which will establish a new and separate agreement between the Customer Affiliate and the ServiceNow Affiliate, the terms and conditions of which shall be the same as the terms and conditions contained in this Agreement, except for the following without limitation: (i) a different tax rate or assessment may govern the Customer Affiliate order; (ii) any pricing commitments shall not apply; (iii) governing law and notice may be different; and (iv) Customer Affiliate will purchase ServiceNow’s then current service offering. 3.3. 関係会社の注文 「関係会社」とは、本契約の当事者が直接または間接に支配する、支配される、または、共通の支配下にある個人もしくは法人を意味します。ここで、「支配」とは、企業、組合またはその他法人の経営全般を指揮しまたは指揮を可能とする法的支配力を意味します。顧客関係会社がサブスクリプション・サービスの購入を希望する場合、顧客関係会社はServiceNow の該当する地域の関係会社（以下「ServiceNow 関係会社」という。）に対して注文を行わなければならず、その場合、顧客関係会社と ServiceNow 関係会社との間で、本契約に規定される条件と同内容の条件で、別途新しい契約を締結するものとします。ただし、 (i) 顧客関係会社の注文について異なる税率または税額を適用すること、(ii)価格に関する約束が適用されないこと、 (iii)準拠法および通知が異なること、 および(iv)顧客関係会社が ServiceNow の当該時点でのサービスを購入すること等（それらに限定されない。）は除きます。
