By Reseller Sample Clauses
The "By Reseller" clause defines the rights, responsibilities, or actions that are specifically assigned to the reseller within an agreement. Typically, this clause outlines what the reseller is permitted or required to do, such as marketing, selling, or distributing products or services on behalf of the supplier. For example, it may specify the territories in which the reseller can operate or the standards they must meet. The core function of this clause is to clearly delineate the reseller's role and obligations, thereby preventing misunderstandings and ensuring both parties are aware of their respective duties.
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By Reseller. Reseller shall indemnify and hold Vendor harmless from and against any and all liabilities, losses, damages, costs and expenses (including legal fees and expenses) associated with any claim or action brought against Vendor that may arise from Reseller's improper or unauthorized replication, packaging, marketing, distribution, or installation of the Software, including claims based on representations, warranties, or misrepresentations made by Reseller, or any other improper or unauthorized act or failure to act on the party of Reseller.
By Reseller. If Reseller materially breaches this Agreement and fails to cure such breach within thirty (30) days of receipt of written notice thereof from Operator, Operator may terminate this Agreement by written notice. In addition, Operator may terminate this Agreement immediately upon written notice to Reseller in the event of dishonesty, fraud, misrepresentation or similar cause by Reseller.
By Reseller. No representations or warranties shall be made by or under authority of Reseller, its Affiliates, or Authorized Resellers with respect to the Product that have not been provided by NetSuite KK to Reseller in writing or that exceed the scope of NetSuite’s then current literature made publicly available by NetSuite for the Product. Reseller agrees that any and all representations and warranties, whether express, implied, statutory, or otherwise, shall be disclaimed on NetSuite’s and NetSuite KK’s behalf.
By Reseller. Notwithstanding any provision to the contrary in any Customer Agreement or otherwise, Integrator is responsible for providing all technical support to Customers for the OEM Solution, including, but not limited to, providing all Customer upgrades in connection with new releases of the Product and the OEM Solution.
By Reseller. The Reseller shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors and assigns from and against any and all claims, losses, liabilities, damages, costs and expenses (including, without limitation, reasonable legal fees and expenses) (collectively, “Liabilities”), arising out of or related to the sale and marketing of Products, Services or Reseller Products by the Reseller; provided, however, that such indemnity shall not apply to any portion of any such Liability that is the result of the gross negligence, willful misconduct or bad faith of the Company; and provided, further, that the Reseller shall have sole control of any such action or settlement negotiations, and further provided that the Company shall notify the Reseller promptly in writing of such claim and shall give the Reseller all authority, information and assistance reasonably necessary to settle or defend such claim. The Reseller shall reimburse the Company for incidental out-of-pocket expenses incurred by the Company in providing such assistance. The Reseller shall not be responsible for costs or expenses incurred without its prior written authorization.
By Reseller. Reseller agrees to indemnify, defend and hold VeriSign and its officers, directors and employees harmless from and against any and all third party claims, obligations, liabilities, damages, costs and expenses (including, without limitation, attorney’s fees and costs) arising out of, resulting from, or relating to (i) Reseller ‘s breach of any provision of this Reseller Terms and Conditions, (ii) a Reseller’s breach of any applicable provision of this Reseller Terms and Conditions, or (iii) representations or warranties made by Reseller regarding the Services other than as approved by VeriSign in writing.
By Reseller. During the Term, upon written permission from Reseller, Reseller grants Veea a right of publicity to use the Reseller Marks then in effect in its Promotional Materials, financial reports, and prospectuses indicating Reseller is an Authorized Veea Reseller.
By Reseller. ▇▇▇▇▇▇▇▇ agrees to indemnify, defend and hold Westcon, its partners, parents, subsidiaries and affiliates, and their respective successors, assigns, members, principals, officers, directors, employees and agents, harmless from and against any and all claims, lawsuits, investigations or demands (and reasonable costs, liabilities, damages and expenses arising therefrom (including reasonable attorneys’ fees), to the extent such claims, lawsuits, investigations or demands arise out of or are in connection with: (i) personal injury or death, or damage to real or tangible property, caused by ▇▇▇▇▇▇▇▇’s negligence or willful misconduct;
By Reseller. Reseller will defend and indemnify Vendor against and hold Vendor harmless from, any and all claims, damages, and expenses (including reasonable attorneys' fees and costs of litigation), by any other party resulting from any improper acts or omissions by Reseller relating to its activities in connection with this Agreement, or misrepresentations relating to Vendor, "Products" or this Agreement, regardless of the form of action. Reseller shall be solely responsible for any claims, warranties or representations made by Reseller or Reseller's employees or agents which differ from the warranty provided by Vendor in the end-user agreement included with the "Products".
By Reseller. Reseller makes the following representation and warranties to Vivato, each of which is true and correct on the date hereof and shall continue to be true and correct at all times during the term of this Agreement, and hereby covenants as follows: (a) Organization, Standing and Power. Reseller has all requisite corporate power and authority to execute, deliver and perform this Agreement and any other agreements contemplated hereby and to consummate the transactions contemplated hereby.