Indirect Sales Sample Clauses
The Indirect Sales clause defines how sales made through intermediaries, such as distributors, resellers, or agents, are treated under the agreement. It typically outlines the rights and obligations of the parties regarding sales that do not occur directly between the contracting parties, including how revenue is recognized, reporting requirements, and any applicable commissions or restrictions. This clause ensures clarity in the treatment of indirect sales channels, preventing disputes over compensation, territory, or exclusivity, and helps allocate risk and responsibility for sales made through third parties.
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Indirect Sales. Cohesity transacts all sales – whether for hardware, a subscription (or license) to Software, or a contract for support and maintenance or other Services – through our global network of channel distribution and resale partners. Customers will receive quotes from, and place any Orders for Cohesity Products with, a Cohesity Partner. As a result, this Agreement does not contain any terms dealing with payment, invoicing, taxation, importation, shipment/delivery and the like, as all of those terms are between the Customer and Cohesity Partner. • This Agreement covers Software, not SaaS: This Agreement covers our core Cohesity Platforms and Software offerings (DataPlatform, DataProtect, and related Software). The Customer controls all access to such Software, whether it resides on Customer’s premises, in Customer’s data center environment, or in Customer’s own public or private cloud, and Cohesity does not host Software on behalf of Customers under this Agreement. To avoid confusion, separate terms and conditions apply to use of Cohesity software-as-a-service offerings (“SaaS Offerings”), which can be agreed either by click-through/clickwrap in the Cohesity interface, or by signing an Addendum to this Agreement (and which are available at ▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇▇).
Indirect Sales. Product(s) not purchased directly from Vendor should be returned to the site of purchase under their terms of sales. Indirectly purchased product(s) can be returned to Sanofi Pasteur upon expiration for destruction only.
Indirect Sales. The Parties shall share BPM derived from indirect sales ------ (i.e. sales, other than OEM sales described in section 10.2, in respect of which the Party does not invoice the end user) of Jericho Products as follows: ----------------------------------------------------------------------------- Indigo Indigo HP Branded HP Branded Branded Branded ----------------------------------------------------------------------------- HP BPM % Indigo BPM HP BPM % Indigo BPM % % ----------------------------------------------------------------------------- Branded 50% 50% 50% 50% Jericho Product (excluding Consumables) ----------------------------------------------------------------------------- ----------------------------------------------------------------------------- Consumables 70% 30% 70% 30% sold through Supplies Resellers ----------------------------------------------------------------------------- Consumables 50% 50% 50% 50% sold through Printer Equipment Vendors -----------------------------------------------------------------------------
Indirect Sales a. Discount Syatem (Hybrid System)
Indirect Sales. If you purchase Products or Professional Services from a Partner, the pricing and commercial terms of your contract for the purchase of the relevant Offering will be set out in your agreement with the Partner (a “Resale Agreement”). Nothing in a Resale Agreement imposes any obligation or liability on us. In the case of sales via a Resale Agreement, the “Order” is the ordering document entered into between the Partner and us pursuant to which the Partner orders an Offering from us for resale to you. In consideration of the Partner placing an Order with us on your behalf and of you entering into a Resale Agreement with the Partner, or by separately agreeing to its terms, you enter into an Agreement with us that governs our provision of and your access to or use of the relevant Offering. In this case, the Agreement will comprise these General Terms, the relevant Addendum and in the case of Professional Services, the relevant Statement of Work.
Indirect Sales. Whirlpool may decide in its sole discretion not to sell Products directly to Dealer, and to require Dealer to purchase Products from an authorized wholesaler, such as a warehousing buying group of which Dealer is a member. The prices, shipping terms, credit terms and other terms and conditions of any sale by a wholesaler to Dealer are to be determined between that wholesaler and Dealer alone, and not by Whirlpool. Any agreement or understanding to the contrary is unauthorized and in conflict with Whirlpool’s policies. In all other respects, all of the terms of this Agreement between Whirlpool and Dealer, including the right of either party to terminate this Agreement, shall continue to apply, regardless of whether Dealer purchased from Whirlpool or from a wholesaler.
Indirect Sales