Common use of Partner Relationship Clause in Contracts

Partner Relationship. 3.1 Customer shall order and purchase the Subscription Service and Non-Subscription Services directly from Partner pursuant to a separate agreement specifying price, payment, and other commercial terms. Talend is not a party to such separate agreement but will provide the Subscription Services and Non-Subscription Services pursuant to this Agreement. Partner is not an agent of Talend or Affiliate of Talend. Partner is an independent entity with no authority to bind Talend, make representations or warranties on Talend’s behalf, or otherwise change the Agreement. Talend makes no representations or warranties as to such authorized distributor or reseller, or any other third party, related to the performance of the products or services of such entities, and fully disclaims any such warranties. 3.2 Talend will not be liable for reasonably relying on the accuracy and reliability of written information provided by Partner in making any decision that would give Talend grounds to suspend and/or terminate the Subscription and Non-Subscription Services. Talend may, at its sole discretion, suspend and/or terminate Customer’s orders and/or use of the Subscription and Non- Subscription Services if Partner fails to pay any fee or other amount payable by Partner on its due date. If (a) Partner terminates all orders relating to the Customer, (b) Talend terminates any of Partner’s orders relating to the Customer for good cause, or (c) the partnership between Talend and Partner relating to the sale of Subscription and Non-Subscription Services is terminated, Talend may, subject to Customer’s discretion: (i) directly provide the affected Subscription and Non-Subscription Services to the Customer pursuant to Talend’s then-current Talend General Terms for mutually-agreed fees; or (ii) recommend to Customer other partners or third parties for the provision of the affected Subscription and Non-Subscription Services.

Appears in 2 contracts

Sources: Talend General Terms, General Terms

Partner Relationship. 3.1 Customer shall order and purchase the Subscription Service and Non-Subscription Services directly from Partner pursuant to a separate agreement specifying price, payment, and other commercial terms. Talend is not a party to such separate agreement but will provide the Subscription Services and Non-Subscription Services pursuant to this Agreement. Partner is not an agent of Talend or Affiliate of Talend. Partner is an independent entity with no authority to bind Talend, make representations or warranties on Talend’s behalf, or otherwise change the Agreement. Talend makes no representations or warranties as to such authorized distributor or reseller, or any other third party, related to the performance of the products or services of such entities, and fully disclaims any such warranties. 3.2 Talend will not be liable for reasonably relying on the accuracy and reliability of written information provided by Partner in making any decision that would give Talend grounds to suspend and/or terminate the Subscription and Non-Subscription Services. Talend may, at its sole discretion, suspend and/or terminate Customer’s orders and/or use of the Subscription and Non- Subscription Services if Partner fails to pay any fee or other amount payable by Partner on its due date. If (a) Partner terminates all orders relating to the Customer, (b) Talend terminates any of Partner’s orders relating to the Customer for good cause, or (c) the partnership between Talend and Partner relating to the sale of Subscription and Non-Subscription Services is terminated, Talend may, subject to Customer’s discretion: (i) directly provide the affected Subscription and Non-Subscription Services to the Customer pursuant to Talend▇▇▇▇▇▇’s then-current Talend General Terms for mutually-agreed fees; or (ii) recommend to Customer other partners or third parties for the provision of the affected Subscription and Non-Subscription Services.

Appears in 1 contract

Sources: Talend General Terms