Common use of Distributor Responsibilities Clause in Contracts

Distributor Responsibilities. a) During the term of this Agreement, Distributor shall, in addition to the other responsibilities described elsewhere in this Agreement, (i) enroll qualified consumers in the Wireless Lifeline Program and/or Prepaid Program (the “ETC Programs”) and provide enrollees with the Equipment as supplied by PayGO and or the ETC, (ii) provide secure storage space for the Equipment upon its receipt from PayGO, (iii) install reasonable safeguards to prevent loss or damage to the Equipment upon and after its receipt and prior to its distribution, (iv) provide areas sufficient to display point of sale materials, and (v) allow PayGO’s sales support staff, if requested by PayGO, reasonable and adequate access to Distributor’s sales personnel to provide sales training and reasonable and adequate access to areas of distribution to maintain any displays provided by PayGO. b) Upon receipt of any shipment of Telephone Packages, Distributor must notify PayGO within five (5) business days of any discrepancies in the shipping list and the items received and as to any damage noted upon receipt. If Distributor, does not notify PayGO within the five (5) business day period, any discrepancies and damaged items will be the responsibility of Distributor and not the responsibility of PayGO or the specific ETC or supplier. c) Distributor agrees (i) to comply with any and all reasonable procedures prescribed by PayGO for the solicitation and enrollment of qualified low-income customers on the ETC Program, and (ii) to comply with any and all of PayGO’s reasonable standards regarding the Equipment, including but not limited to, attending, as provided from time to time, PayGO equipment training. d) Distributor also agrees to ensure that all confidential information, including but not limited to names, addresses, social security numbers, verification documents, and proof of government program participation and income, received from enrollees, applicants, or other customers shall remain confidential. As a part of Distributor’s duty to ensure confidentiality for customers, Distributor hereby acknowledges and agrees to the following: • Distributor agrees that customer information is highly confidential; • Distributor agrees not to disclose any customer information to any unauthorized third party; • Distributor agrees that they will not retain any originals or copies of customer confidential information, including but not limited to applications for Lifeline programs; • Distributor agrees that all customer information collected by them will be forwarded in its entirety to PayGO; • Distributor agrees that they can only retain the name and tracking numbers for commission tracking purposes; • Distributor agrees that they will be liable for any breach of a customer’s confidentiality; • Distributor agrees and acknowledges that they have read and reviewed a Lifeline Program Training document and a Lifeline Test document; and • Distributor agrees that they are solely an independent contractor of PayGO and that they are not an employee of ▇▇▇▇▇. Distributor’s failure to abide and fulfill the above agreements and acknowledgments shall give PayGO the immediate and sole option to terminate this Agreement. Further, Distributor’s failure to maintain absolute and complete confidentiality of all customer information shall also give PayGO the immediate and sole option to terminate this Agreement. e) Distributor is not to be considered a reseller and cannot resell any Equipment. Distribution shall be as set forth in this Agreement.