Partner Orders Clause Samples
Partner Orders. Pursuant to a separate agreement between Customer and an authorized Nexthink commercial reseller or distribution partner (“Nexthink Partner”) (including the applicable ordering document between Customer and such Nexthink Partner, the “Partner Agreement”), Customer may procure from such Nexthink Partner certain products or services to be delivered by Nexthink. In such event, this Agreement specifies the terms and conditions under which such products or services will be provided by Nexthink, apart from price, payment and other terms specified in such separate Partner Agreement. Notwithstanding anything to the contrary in this Agreement, if Customer acquires a subscription to the Service or obtains any Professional Services through a Nexthink Partner, then: (a) Customer shall pay the Nexthink Partner all applicable fees in accordance with the Partner Agreement; (b) the Partner Agreement is between Customer and the Nexthink Partner and is not binding on Nexthink, and any disputes related to the Partner Agreement shall be handled directly between Customer and the Nexthink Partner; and (c) any claims for refunds, credits or other monetary claims hereunder, shall be submitted by Customer to the Nexthink Partner. In the event of any conflict between this Agreement and a Partner Agreement, this Agreement shall govern as between Nexthink and Customer. For the avoidance of doubt, reference to amounts or fees paid by Customer or on behalf of Customer shall be those amounts actually paid by Nexthink Partner on behalf of Customer to Nexthink. Nexthink is not party to the pricing and payment provisions between Nexthink Partner and Customer.
Partner Orders. If Customer has licensed the Services via a Partner, this Section 3.2 (Partner Orders) shall apply. The Services are subject to the full payment of the applicable fees as set forth in the applicable Partner Order Form. All payments by Customer shall be made directly to Partner, as agreed between Customer and Partner. If Customer is entitled to a refund under the terms and conditions of this Agreement, then, unless Island specifies otherwise, Island will refund any applicable fees to the Partner, and the Partner alone will be responsible for refunding the appropriate amounts to Customer.
Partner Orders. All Partner Orders are subject to acceptance by NetApp. Partner will only submit Partner Orders once the End User has submitted a corresponding binding Keystone Order for Subscription Services to Partner. Each Partner Order will contain not less than the Subscription Term, the Partner Fees, the Committed Capacity (including relevant minimum payments), the applicable Performance Level, and the applicable Rates (as such terms are defined in the End User Terms and the Service Description). Once accepted by NetApp, Partner Orders may be modified or cancelled only upon the mutual written consent of the parties.
Partner Orders. If Customer orders Services from a Partner: (a) Customer will pay the Partner for the Services under payment terms agreed to between Customer and the Partner, (b) Sections 4.1-4.5 (Payment) of the Agreement will not apply to the Services, and (c) Google will not owe any credits or refunds for the Services to Customer. Customer may obtain credits or refunds for the Services from the Partner to the extent agreed to between Customer and the Partner.
Partner Orders. This Section 9 applies if Customer purchases the Cloud Services products and/or Services through an authorized channel partner of Aternity (“Partner”).
(a) Customer will pay the applicable fees to the Partner, as negotiated solely between Customer and the applicable Partner (instead of paying Aternity); the terms and conditions in Sections 7 and 8 and Sections 3(b) and 4 of Attachment A will not apply.
(b) Any order details (identity of Cloud Services and Services purchased along with the number of licenses issued and the term of any applicable license or subscription) will be as stated in the Order submitted to Aternity by the Partner on Customer’s behalf.
(c) If Customer is entitled to a refund under this Agreement, then unless otherwise specified by Aternity, Aternity will refund any applicable fees to the Partner and the Partner will be solely responsible for refunding the appropriate amounts to Customer.
(d) Partners are not authorized to modify the terms of this Agreement or make any promises or commitments on Aternity’s behalf.
(e) The amount paid or payable by the Partner to Aternity for Customer’s use of the applicable Cloud Product and/or Services under this Agreement will be deemed the amount actually paid or payable by Customer to Aternity under this Agreement for purposes of calculating the liability cap in Section 13.
Partner Orders. If Customer has procured the Software or Services through a Partner Transaction, then different terms regarding invoicing, payment and taxes may apply as specified between Customer and the Partner. Customer acknowledges that: (a) Imply may share information with the Partner related to Customer’s use of Imply’s Software or Services; (b) the termination provisions below will also apply if Customer’s Partner fails to pay applicable fees; and (c) Partner is not authorized to make any changes to this Agreement or
Partner Orders. To order the ▇▇▇▇▇▇▇.▇▇ Offerings, Partner shall issue a purchase order (“Partner PO”) to ▇▇▇▇▇▇▇.▇▇ as provided below and provide ▇▇▇▇▇▇▇.▇▇ with an executed ▇▇▇▇▇▇▇.▇▇ sales order form (“Partner Order”). Each Partner Order shall be subject to the terms and conditions of this Agreement and the applicable Module. Partner shall have the right to license the ▇▇▇▇▇▇▇.▇▇ Offering solely to the Customer named on the Partner Order. Each Partner Order shall include, at a minimum the following information: Customer name and address; length and start date of the subscription term; description and quantities of the ▇▇▇▇▇▇▇.▇▇ Offering ordered. ▇▇▇▇▇▇▇.▇▇ will accept or reject a Partner Order in accordance with the applicable Module.
Partner Orders. This Section 6 applies if Customer purchases the Cloud Products through an authorized channel partner of Riverbed (“Partner”).
(a) Customer will pay the applicable fees to the Partner, as negotiated solely between Customer and the applicable Partner (instead of paying Riverbed); the terms and conditions in Sections 4 and 5 will not apply.
(b) Any order details (identity of Cloud Products purchased along with the number of licenses issued and the applicable Subscription Term) will be as stated in the order submitted to Riverbed by the Partner on Customer’s behalf.
(c) If Customer is entitled to a refund under this Agreement, then unless otherwise specified by Riverbed, Riverbed will refund any applicable fees to the Partner and the Partner will be solely responsible for refunding the appropriate amounts to Customer.
(d) Partners are not authorized to modify the terms of this Agreement or make any promises or commitments on Riverbed’s behalf.
(e) The amount paid or payable by the Partner to Riverbed for Customer’s use of the applicable Cloud Products under this Agreement will be deemed the amount actually paid or payable by Customer to Riverbed under this Agreement for purposes of calculating the liability cap in Section 10.