Common use of Indirect Purchases Clause in Contracts

Indirect Purchases. If Customer is purchasing the Services through a third party marketplace or a Datadog approved reseller (each an “Intermediary”), the following terms shall apply solely for the purposes of such indirect purchase: (a) all references to an ‘Order’ in the Agreement shall refer to the order between the Customer and the Intermediary; (b) in addition to the rights provided in Section 1.3 (Data), Datadog is permitted to share Usage Data and other information regarding Customer with the Intermediary; (c) Sections 5 (Pricing and Fees) and 6 (Order Renewal) will be without effect and the terms between the Intermediary and Customer covering such subject matter will apply instead; (d) per the terms of the agreement between Datadog and the Intermediary, Datadog has a right to terminate its order(s) with the Intermediary, in the event of failure by Intermediary to make payments to Datadog; (e) Sections 11.2, 11.3, and 11.4 (Termination) will be without effect as any termination of an Order and all terms in this Agreement with respect to refund or payment obligations, if any, will be between the Intermediary and Customer; notwithstanding the foregoing, both Parties agree to take the required steps through the Intermediary processes in order to achieve the intended results of the terms in Section 11.2, 11.3, and 11.4 and any other refund or payment obligations.

Indirect Purchases. If Customer is purchasing the Services through a third party marketplace or a Datadog approved reseller (each an “Intermediary”), the following terms shall apply solely for the purposes of such indirect purchase:an (a) all references to an ‘Order’ in the Agreement shall refer to the order between the Customer and the Intermediary; (b) in addition to the rights provided in Section 1.3 (Data), Datadog is permitted to share Usage Data and other information regarding Customer with the Intermediary; (c) Sections 5 (Pricing and Fees) and 6 (Order Renewal) will be without effect and the terms between the Intermediary and Customer covering such subject matter will apply instead; (d) per the terms of the agreement between Datadog and the Intermediary, Datadog has a right to terminate its order(s) with the Intermediary, in the event of failure by Intermediary to make payments to Datadog; (e) Sections 11.2, 11.3, and 11.4 (Termination) will be without effect as any termination of an Order and all terms in this Agreement with respect to refund or payment obligations, if any, will be between the Intermediary and Customer; notwithstanding the foregoing, both Parties agree to take the required steps through the Intermediary processes in order to achieve the intended results of the terms in Section 11.2, 11.3, and 11.4 and any other refund or payment obligations.