BA Resale Services Clause Samples
The BA Resale Services clause defines the terms under which a party is permitted to resell products or services originally acquired from another entity. Typically, this clause outlines the scope of resale rights, any restrictions on territories or customer types, and the obligations of the reseller regarding branding, pricing, or support. By clearly establishing the rules for resale, this clause helps prevent unauthorized distribution, protects intellectual property, and ensures that both parties understand their respective roles and limitations in the resale arrangement.
BA Resale Services. 45.1 Availability and Use
45.1.1 BA shall provide BA Resale Services to AT&T where, and to the same extent, that BA provides BA Resale Services to BA’s own end user retail Customers.
45.1.2 BA Resale Services may be purchased by AT&T under this Agreement only for the purpose of resale by AT&T as a Telecommunications Carrier. BA Resale Services to be purchased by AT&T for other purposes (including, but not limited to, AT&T’s own use) must be purchased by AT&T pursuant to separate written agreements, including, but not limited to, applicable BA Tariffs. AT&T may purchase BA Resale Services under this Agreement for resale to AT&T’s Affiliates if AT&T resells such BA Resale Services to AT&T’s Affiliates as a Telecommunications Carrier pursuant to terms and conditions that comply with all applicable Commission rules, including non-discrimination rules.
45.1.3 BA Resale Services shall include contract and other customer-specific offerings. The Parties may bring any disputes with respect to the availability of such contract and other customer-specific offerings, or restrictions on the resale thereof, to the Commission on a case-by-case basis. In the event that the provision of the FCC order that is the basis for this Section 45.1.3 is modified or overturned, AT&T agrees to return all copies of documents provided by BA under this Section 45.1.3 and to make no further use of the information contained in those documents, and BA shall have no further obligation to file, provide to AT&T, or make publicly available, summaries of the prices, terms and conditions, except as otherwise required under Applicable Law.
BA Resale Services. 45.1 Availability and Use
45.1.1 BA shall provide BA Resale Services to AT&T where, and to the same extent, that BA provides BA Resale Services to BA’s own end user retail Customers.
45.1.2 BA Resale Services may be purchased by AT&T under this Agreement only for the purpose of resale by AT&T as a Telecommunications Carrier. BA Resale Services to be purchased by AT&T for other purposes (including, but not limited to, AT&T’s own use) must be purchased by AT&T pursuant to separate written agreements, including, but not limited to, applicable BA Tariffs. AT&T may purchase BA Resale Services under this Agreement for resale to AT&T’s Affiliates if AT&T resells such BA Resale Services to AT&T’s Affiliates as a Telecommunications Carrier pursuant to terms and conditions that comply with all applicable Commission rules, including non-discrimination rules.
45.1.3 BA Resale Services shall include contract and other customer-specific offerings. Within one (1) week of the Commission’s approval of this Agreement, and thereafter, on an on-going basis, within one (1) week of the service-effective date of any contract or customer-specific offering or amendment thereof, BA shall file with the Commission under proprietary seal copies of all effective offerings of Telecommunications Services that are not otherwise available for public inspection and shall provide AT&T, or make publicly available, a summary of such offerings that includes all prices, price-affecting terms and conditions, and qualifying terms and conditions. The summary shall be sufficiently detailed to enable the Parties to calculate the rates for services with all applicable discounts. AT&T will not object to the redaction of customer specific identifying information from the summary, provided that no price, price affecting term or condition, or qualification term or condition, may be redacted. No terms or conditions excluded from the summary will be relied on by BA to deny AT&T’s order for the offering. In the event that the provision of the FCC order that is the basis for this Section 45.1.3 is modified or overturned, AT&T agrees to return all copies of documents provided by BA under this Section 45.1.3 and to make no further use of the information contained in those documents, and BA shall have no further obligation to file, provide to AT&T, or make publicly available, summaries of the prices, terms and conditions, except as otherwise required under Applicable Law.
BA Resale Services. 3.1 Except as provided in Section 3.2, below, the rates that Sprint shall pay to BA for BA Resale Services shall be an amount equal to the retail rates provided in BA’s Tariffs for each BA Resale Service, or, if the retail rates for a BA Resale Service are not provided in a BA Tariff, the retail rates for such BA Resale Service provided in applicable BA contracts, BA customer-specific offerings, BA price lists, BA price schedules, or other applicable BA documents.
3.2 The rates that Sprint shall pay to BA for BA Resale Services that BA is required by Applicable Law to offer to Sprint at a wholesale rate shall be an amount equal to the BA retail rates provided in BA’s Tariffs for each BA Resale Service, or, if the retail rates for a BA Resale Service are not provided in a BA Tariff, the retail rates for such BA Resale Service provided in applicable BA contracts, BA customer-specific offerings, BA price lists, BA price schedules or other applicable BA documents, as reduced by the applicable wholesale discount percentage amount set forth in Table 1. If BA revises such Tariff or non-Tariff retail rates during the term of this Agreement, for BA Resale Services that BA is required by Applicable Law to offer at a wholesale rate, the applicable wholesale discount percentage amount shall be applied to the revised Tariff or non-Tariff retail rates. Unless otherwise specifically agreed between the Parties, the wholesale discount shall apply only to those BA Resale Services that BA is required by Applicable Law to offer to Sprint at a wholesale rate and shall not apply (i) to any other BA Telecommunications Services, or (ii) to any non-Telecommunications Services that BA may, in its sole discretion, choose to offer for resale.
BA Resale Services