Reseller Relationship. 5.1 Customer shall order and purchase the Services directly from Reseller pursuant to a separate agreement specifying price, payment, and other commercial terms. PartnerTap is not a party to such separate agreement but will provide the Services set forth in the Order Form pursuant to this MSA. Customer must submit any claims for refunds or service credits under this MSA to Reseller. Reseller is not an agent of PartnerTap or Affiliate of PartnerTap. Reseller is an independent entity with no authority to bind PartnerTap, make representations or warranties on PartnerTap’s behalf, or otherwise change the MSA. PartnerTap 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. 5.2 PartnerTap will not be liable for reasonably relying on the accuracy and reliability of written information provided by ▇▇▇▇▇▇▇▇ in making any decision that would give PartnerTap grounds to suspend and/or terminate the Services. PartnerTap may, at its sole discretion, suspend and/or terminate Customer’s use of the Services if Reseller fails to pay any fee or other amount payable by Reseller to PartnerTap on its due date. If (a) Reseller terminates applicable Order Form(s) with PartnerTap relating to Customer, (b) PartnerTap terminates applicable Order Form(s) for good cause, or (c) the applicable resale agreement between PartnerTap and Reseller relating to the sale of PartnerTap Services is terminated, PartnerTap may, but shall not be obligated to, directly provide the affected Services to the Customer pursuant to PartnerTap’s then-current Master Subscription Agreement (for direct sales) for mutually-agreed subscription fees.
Appears in 2 contracts
Sources: Master Subscription Agreement, Master Subscription Agreement
Reseller Relationship. 5.1 Customer shall order and purchase the Services directly from Reseller pursuant to a separate agreement specifying price, payment, and other commercial terms. PartnerTap is not a party to such separate agreement but will provide the Services set forth in the Order Form pursuant to this MSA. Customer must submit any claims for refunds or service credits under this MSA to Reseller. Reseller is not an agent of PartnerTap or Affiliate of PartnerTap. Reseller is an independent entity with no authority to bind PartnerTap, make representations or warranties on PartnerTap’s behalf, or otherwise change the MSA. PartnerTap 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.
5.2 PartnerTap will not be liable for reasonably relying on the accuracy and reliability of written information provided by ▇▇▇▇▇▇▇▇ Reseller in making any decision that would give PartnerTap grounds to suspend and/or terminate the Services. PartnerTap may, at its sole discretion, suspend and/or terminate Customer’s use of the Services if Reseller fails to pay any fee or other amount payable by Reseller to PartnerTap on its due date. If (a) Reseller terminates applicable Order Form(s) with PartnerTap relating to Customer, (b) PartnerTap terminates applicable Order Form(s) for good cause, or (c) the applicable resale agreement between PartnerTap and Reseller relating to the sale of PartnerTap Services is terminated, PartnerTap may, but shall not be obligated to, directly provide the affected Services to the Customer pursuant to PartnerTap’s then-current Master Subscription Agreement (for direct sales) for mutually-agreed subscription fees.
Appears in 1 contract
Sources: Master Subscription Agreement