Common use of Distribution Appointment Clause in Contracts

Distribution Appointment. During the Term and the Sell-Off Period, BlueArc authorizes HDS and its Affiliates to market, sell, resell and distribute, either directly or indirectly through Channel Partners the Products (including Spares in the performance of HDS’ warranty or Support obligations to End Users) in the Territory either alone or bundled and/or integrated with the software or hardware products sold or distributed by HDS or any HDS Affiliates, under either the Party’s brand name or as co-branded by the Parties; provided that any BlueArc Trademark shall be applied only to Products supplied by BlueArc, all in accordance with the terms and conditions of Exhibit M. The right granted pursuant to this Section will be non-transferable except that HDS, a Regional Affiliate and other Affiliates may authorize Channel Partners to market, sell, resell and distribute Products in the Territory. Neither HDS, nor any of its Affiliates, nor Channel Partners, nor ASPs will have any obligation to promote, sell, market, Support or distribute any Products as authorized herein if Acceptance for that Product has not occurred. During the Term and subject to Section 17.6 below, HDS and its Affiliates will also have the right to internally develop, promote, sell, resell distribute and support any other products which are similar to and/or competitive with the Products, through any means, including without limitation, directly or indirectly, through other resellers, HDS and Affiliates and/or through any agent or representative in the Territory. HDS acknowledges and agrees that the foregoing appointment is non-exclusive and BlueArc may grant to any number of third parties similar rights to those granted to HDS hereunder.