Appointment; Territory Sample Clauses

Appointment; Territory. A. The Agent is authorized by the Company to receive applications for insurance only from persons residing in a territory set forth herein where the Agent is properly licensed and appointed with the Company. This territory is not assigned to the Agent exclusively. The Company reserves the right to appoint other Agents, Producers and Managing General Agents within the same territory. Agent's territory shall include all states in the United States, including the District of Columbia, but excluding New York and Puerto Rico. B. The Agent is also authorized to receive applications for insurance solicited by a properly licensed, appointed, and if deemed necessary by the Company, contracted subagent (hereinafter called a "Producer") who may be appointed and assigned to the Agent under this Agreement. C. The Company in its sole discretion may change the territory or withdraw from the same upon giving the Agent thirty- one (31) days prior written notice.

Appointment; Territory. Supplier hereby appoints Distributor and Distributor hereby accepts the appointment, as the nonexclusive distributor for the Products within the following described territory: Americas (the “Territory”) and at all locations identified in Exhibit B. The terms and conditions of this Agreement shall automatically extend to any Affiliate of Distributor which may now exist or hereafter be formed or acquired by Distributor. Distributor may trade under this Agreement through its Affiliates or through a third party representative appointed by Distributor. For the purposes of this Agreement, “Affiliate” shall mean any person, partnership, joint venture, company, corporation or other form of enterprise, domestic or foreign, including but not limited to subsidiaries that directly or indirectly are controlled by, or are under common control with the Distributor.

Appointment; Territory. Smart Denture hereby appoints Reseller to act as a non-exclusive reseller of the Products to End Users located in Territory during the Term in accordance with the terms and conditions of this Agreement. Nothing contained herein shall restrict Reseller from selling or reselling any other products or services, including products which may compete with the Products.

Appointment; Territory. Xilinx hereby appoints Distributor and Distributor hereby accepts the appointment, as the non-exclusive distributor for the sale of Products in the Territory. It is the intention of the parties that the Affiliates of Distributor identified on Exhibit A shall be bound by the terms of this Agreement.

Appointment; Territory. Subject to all the terms and conditions of this Agreement, Company hereby appoints Reseller for the term of this Agreement as a nonexclusive reseller of the “Products” listed above only within the “Territory” specified herein and for the “Market,” each as described above, and only in accordance with the “Channel Partner Program Guide” which is available at ▇▇▇▇://▇▇▇▇.▇▇▇▇▇▇▇▇▇.▇▇▇/partner-program-guide. Reseller may market, promote and distribute Products only to end user customers (“End Users”) located and taking delivery within and for use within the Territory and Market, and only as packaged by Company with the documentation intact, provided that (i) Reseller may only distribute Products to Qualified Prospects as defined below, and (ii) such Qualified Prospect agrees to Company’s then-current End User purchase agreement as of the date of an order (the “Master Customer Agreement”), or, in the case of an evaluation of one or more of the Products such Qualified Prospect agrees to Company’s then current evaluation agreement (the “Evaluation Agreement”). Reseller may also evaluate and educate itself on the Products, provided that such Products are provided to Reseller at Corelight’s sole discretion and under the terms and conditions of the Corelight Evaluation Agreement. Company’s current Master Customer Agreement and Evaluation Agreement are available at ▇▇▇▇▇://▇▇▇▇▇▇▇▇▇.▇▇▇/legal/agreements, both of which may be updated by Company in its sole discretion and without notice.

Appointment; Territory a) TELES hereby appoints the Partner and the Partner accepts to act as TELES’ exclusive Distributor for the TELES products IP/TDM (iSWITCH product line), NGN (MGC product line), CPE (VoIPBOX family, VoIPGATE), FWA (iGATE, vGATE) and the IP Gear product line, any modifications, upgrades, and future generations of such products (hereinafter “the Products”), including products of any subsidiary or affiliate of TELES, in North America (hereinafter "the Territory," and “North America” defined as the United States, Canada, Mexico, all Caribbean Nations, Guatemala and Honduras) subject to and in accordance with the terms and conditions of this agreement. In addition, TELES hereby appoints and the Partner hereby accepts appointment as TELES’ non-exclusive Partner for sale of the FWA Products in South America, also subject to and in accordance with the terms and conditions of this agreement. TELES’ products to be sold by global players or as OEM in the Territory, will not be considered as a breach of the exclusivity. TELES agrees to make all reasonable efforts to prevent other resellers from selling to subsidiaries or other affiliates of North America-based customers, except global players and OEM. It is recognized that the Partner will be seeking to sell the Products to sub-distributors and VARs as well as end-users. When the Partner has identified a potential customer that is a sub-distributor or VAR, the Partner shall provide TELES written notification as to the potential customer’s name, principal business location, and corporate jurisdiction. If TELES does not object in writing to the potential customer within ten (10) days after receiving the Partner’s notice, the potential customer shall be considered approved by TELES for future sales by the Partner. Exclusivity for the Partner is subject to the terms and conditions set forth in Exhibit A. In the event that Partner’s exclusivity within the Territory terminates, this Partner Contract shall not terminate but shall be considered an appointment as a nonexclusive Partner within the Territory. b) As a TELES Partner, the Partner shall purchase the Products from TELES, maintain stocks of the Products, act as an independent contractor and shall sell the Products and provide product support to its customers in its own name and for its own account. Except as permitted by this Agreement, the Partner shall not authorize any other person or entity to be a sub-distributor of any Products without TELES’ written consent. Th...

Appointment; Territory. 3.1 Subject to the terms and conditions of this Agreement, McDATA hereby authorizes and appoints Reseller and Reseller accepts the appointment, as a non-exclusive reseller to purchase Products from McDATA and to market, sell, or incorporate for resale McDATA Products to End User Customers in the Territory. 3.2 Reseller's authorization from McDATA to resell McDATA Products is limited to the Territory shown on the first page of this Agreement. Additional sales locations must be pre-approved by McDATA. Reseller may request that additional Reseller sales locations are added to this Agreement. Upon Reseller's request, McDATA will provide Reseller with the criteria and process for applying for authorization of additional sales locations. Reseller agrees that any additional McDATA authorized sales locations will be governed by the terms and conditions of this Agreement. 3.3 McDATA reserves the right to revise the list of Products and End User Services at any time during the term of this Agreement. McDATA will notify Reseller of such revisions through a Channel Notification Document(s).

Appointment; Territory. DTG hereby appoints Reseller, and Reseller hereby accepts the appointment, as the nonexclusive regional Reseller to sell and integrate Manufacturer’s Products within the following described territory: ___________________________________________________________________________________. Reseller shall not make any false or misleading representations to its customers or other parties regarding DTG or its Products. Reseller shall not make any representations, warranties, or guarantees to the specifications, features, or capabilities of the Products that are not consistent with DTG’s documentation accompanying the Products or approved marketing material describing the Products, including the limited warranty and disclaimers. This agreement shall not be construed as constituting DTG and Reseller as partner or joint ventures or to create any other form of legal association which would impose liability upon one party for the act or failure to act of the other. Nothing in this Agreement shall be construed to constitute Reseller as the employee or agent of DTG nor shall either party have any authority to bind the other in any respect, it being intended that each shall remain an independent company responsible only for its own actions.

Appointment; Territory a. The Principal hereby authorizes and appoints the Distributor, and the Distributor accepts such authorization and appointment, as non-exclusive Distributor partner of the Principal’s Products for the Territory of ; b. The Distributor will seek New Customers for the Principal’s products and sign an agreement with these New Customers in the name and on behalf of the Principal. c. The Parties acknowledge that the Distributor does not enjoy any exclusivity whatsoever with respect to the sale of the Principal’s Products. The Principal remains fully entitled to sell the Principal’s Products themselves to (i) all new customers (each such customer being defined as a "Customer") who would contact Principal on their own initiative for the purchase of Principal’s Products, without such sales being taken into consideration for the calculation of the Distributor Commission Fee pursuant to this Agreement; and (ii) any new Customer who is not indicated in the Lead Registration Form as a potential track; (iii) any customer indicated in the Lead Registration Form but not accepted by the Principal as a Sales Qualified Lead. d. The parties acknowledge that if the Partner wants to register a lead, it will need to be reviewed and accepted as a Sales Qualified Lead by the Principal before the Partner can seek any compensation with regards to this lead. The Principal will review and accept or reject the registered leads through a platform in which the Partner can submit these leads; e. In the event either Party is in contact with one or more outlet(s) and wants to register this contact as a Sales Qualified Lead, while the other Party is at that moment already in contact with the Head Office, (i) the contact with the Head Office shall always take precedent as Sales Qualified Lead and (ii) shall therefore belong to the Party that maintains this contact; f. This agreement does not intend to establish a relationship between the parties other than as described in this agreement, nor can and may the contractual positions of the Parties with regard to each other, with regard to the Product or Service and with regard to the customer, be different than as set out in this agreement. This agreement is not qualified as a commercial agent agreement so that, among other things, Art 11 and Art 19 of the commercial agency law does not apply or can be invoked in the event of possible termination of this agreement.