Common use of Not for Resale Clause in Contracts

Not for Resale. A. Except as described in Section 5(B) below, Customer represents that it does not operate as an internet service provider, is not a telecommunications carrier, reseller or shared tenant service provider registered with the FCC, and the Wireless Services are not for resale. If Customer becomes an internet service provider, telecommunications carrier, reseller or shared tenant service provider registered with the FCC or an international call center, SIMETRY may suspend Wireless Service, terminate this Agreement or revise Customer’s pricing and terms to reflect Customer’s reseller status retroactively to the date that Customer’s status changed. B. For Wholesale Services, Customer is permitted to resell SIMETRY Services under the following conditions: (i) Customer must maintain a current business license certificate (or state equivalent) on file and provide a copy, with Tax ID, to SIMETRY. (ii) Customer is solely responsible for obtaining and maintaining any and all necessary state and federal licenses, certifications, and authorizations required for Customer to resell SIMETRY Services. SIMETRY assumes no responsibility for Customer’s violation of any state or federal laws or regulations related to Customer’s resale of SIMETRY Services. (iii) Customer shall be responsible for all sales, service and support of each data plan. Customer may set its own pricing and plan details for its customers and should establish its own brand with unique benefits and features as Customer deems fit. (iv) Customer may not use the brand name of any underlying wireless service provider, or SIMETRY or other trade names or marks associated with any underlying wireless service provider, or SIMETRY in any marketing of any kind, including but not limited to electronic, television, radio, print, verbal or sponsorship marketing. (v) The underlying wireless service provider has the authority to mitigate network congestion, suspend data access or cancel SIM card access from its network for excessive data consumption, illegal activity, misuse or abuse of service. Further, The underlying wireless service provider has the right to change plan details and availability at any time and, although existing plans are typically “grandfathered” and allowed to remain in place, the underlying wireless service provider’s decisions regarding plan details and availability are left to its sole, absolute and unfettered discretion. The rights set forth in this Agreement shall have no effect on such rights of the underlying wireless service provider, and the underlying wireless service provider shall have no obligation to disclose the cause or basis for a cancellation of service. Accordingly, Customer shall not be entitled to any refund of activation fees or any monthly usage fees in the event of cancellation of service by the underlying wireless service provider for any reason.

Not for Resale. A. Except as described in Section 5(B) below, Customer represents that it does not operate as an internet service provider, is not a telecommunications carrier, reseller or shared tenant service provider registered with the FCC, and the Wireless Services are not for resale. If Customer becomes an internet service provider, telecommunications carrier, reseller or shared tenant service provider registered with the FCC or an international call center, SIMETRY may suspend Wireless Service, terminate this Agreement or revise Customer’s pricing and terms to reflect Customer’s reseller status retroactively to the date that Customer’s status changed. B. For Wholesale Services, Customer is permitted to resell SIMETRY Services under the following conditions: (i) : Customer must maintain a current business license certificate (or state equivalent) on file and provide a copy, with Tax ID, to SIMETRY. (ii) . Customer is solely responsible for obtaining and maintaining any and all necessary state and federal licenses, certifications, and authorizations required for Customer to resell SIMETRY Services. SIMETRY assumes no responsibility for Customer’s violation of any state or federal laws or regulations related to Customer’s resale of SIMETRY Services. (iii) . Customer shall be responsible for all sales, service and support of each data plan. Customer may set its own pricing and plan details for its customers and should establish its own brand with unique benefits and features as Customer deems fit. (iv) . Customer may not use the brand name of any underlying wireless service provider, or SIMETRY or other trade names or marks associated with any underlying wireless service provider, or SIMETRY in any marketing of any kind, including but not limited to electronic, television, radio, print, verbal or sponsorship marketing. (v) . The underlying wireless service provider has the authority to mitigate network congestion, suspend data access or cancel SIM card access from its network for excessive data consumption, illegal activity, misuse or abuse of service. Further, The the underlying wireless service provider has the right to change plan details and availability at any time and, although existing plans are typically “grandfathered” in and allowed to remain in place, the underlying wireless service provider’s decisions regarding plan details and availability are left to its sole, absolute and unfettered discretion. The rights set forth in this Agreement shall have no effect on such rights of the underlying wireless service provider, and the underlying wireless service provider shall have no obligation to disclose the cause or basis for a cancellation of service. Accordingly, Customer shall not be entitled to any refund of activation fees or any monthly usage fees in the event of cancellation of service by the underlying wireless service provider for any reason.