Appointment of Partner Sample Clauses

Appointment of Partner. ESET hereby appoints Partner as Channel Partner or MSP as applicable and categorized together with ESET representative, as its non-exclusive reseller/distributor in the Territory during the term of this Agreement, and Partner hereby accepts such appointment on the terms and conditions set forth herein. Partner agrees to use best efforts to market, promote and solicit orders for ESET's software products identified in Schedule C, E or F as applicable (Partner Program Description and Requirements, Additional Terms for OEM/System Builder License Purchase and Use) (collectively, and as the same may be updated from time to time by ESET, the "Software Product") directly to prospective end-users located in the Territory ("End Users"), and to actively market, promote and solicit Software Product subscription renewals from existing End Users located in the Territory. Partner is not authorized to solicit orders for the Software Product through other Partner intermediaries, unless designated by ESET, which is cause for termination of this Agreement, as set forth herein. For purposes of this Agreement, the “Software Product” means the existing version and any future versions, releases, updates, enhancements, modifications, or derivatives of the Software Product made available by ESET. Partner agrees to perform such services in a satisfactory manner and in compliance with all applicable laws and the terms and conditions of this Agreement. Partner shall also provide or arrange for certain technical support services with respect to the Software Product, as provided herein. If the Partner is both a Channel Partner and an MSP, the sale of a license shall only be included once in sales either as a resale of a license or sale of a service from MSP. In no instance shall one sale be counted towards both the Channel partner quarterly sales and MSP Partner monthly sales. Partner shall clearly distinguish in the Order to ESET whether such sale is a Channel Partner sale or MSP sale.
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Appointment of Partner. 2.1 The Company hereby appoints the Partner whose details are listed on the face of this agreement as an approved Partner for the Company. The Partner is required to operate within the terms and conditions as set out in this agreement and in accordance with ICASA rulings.
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Appointment of Partner. 2.1 By this Agreement Mailsphere appoints the Partner on a non-exclusive basis to promote the Services and solicit customers for the Services, and the Partner agrees to act in that capacity, subject to the terms of this Agreement.
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Appointment of Partner. 1. Xopero hereby grants to Partner, a limited, non-exclusive, non-transferable, right to sell and distribute Software and/or Services.
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Appointment of Partner. Subject to the terms of this Agreement, Xxxx hereby authorizes Partner to purchase and license Products and Services for resale to End Users located within the Territory. Partner may not resell Product or Services to another reseller, agent, broker or other intermediary in the chain of distribution, unless specifically granted the authority to do so by Xxxx in writing. Unless otherwise authorized by Xxxx in writing, Partner will not purchase Products or Services from any source other than Xxxx or Distributors. Partner may distribute the Products only with all warranties, disclaimers and license agreements intact as shipped from Xxxx. Partner will take all steps reasonably requested by Xxxx or Distributor to inform End Users of any applicable restrictions and limitations regarding the use of the Products. This appointment is subject to any distribution channel and certification and specialization levels that may be specified by Xxxx in email notifications to Partner after completion of the partner registration process. This paragraph does not restrict Partner's ability to resell other companies' products to End Users.
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Appointment of Partner. Company hereby appoints Partner as a non-exclusive, independent sales representative of the Company to solicit prospective end user purchasers of the services (the “Services”) identified in Exhibit 1 attached hereto and incorporated herein. Company may in its sole discretion directly market the Services to any other person.
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Appointment of Partner. 2.1 Appointment. Sun appoints Partner as a nonexclusive "Authorized Software Enterprise Partner" and grants Partner the nonexclusive and nontransferable right to distribute Software to End Users in the Territory. Sun will segregate Software into product specialty categories and provide Partner with written notice of these categories. Certain Software, as identified in the Guide, may only be purchased from Sun Authorized Distributors. Partner will not advertise, sell, lease or ship Software outside the Territory without Sun's prior written consent. Partner may not open Software prior to delivery to End Users. 2.2
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Appointment of Partner 
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Related to Appointment of Partner

  • Appointment of Investment Manager On the terms and subject to the conditions set forth herein, the Company hereby appoints the Investment Manager as investment manager of the Account with discretionary authority to manage the investment and reinvestment of the funds and assets of the Account in accordance with the terms hereof, and the Investment Manager accepts such appointment. In the course of providing the services contemplated by this Agreement, the Investment Manager shall act as a fiduciary and shall discharge its fiduciary duties and exercise each of its powers under this Agreement with the care, skill and diligence that a registered investment adviser, acting in a like capacity and familiar with insurance company matters, would use in the conduct of a like enterprise with like aims, taking into consideration the facts and circumstances then prevailing, and such fiduciary duties shall specifically include a duty (a) to act with good faith; (b) of loyalty to Company; (c) to provide full and fair disclosure of all material facts; (d) to employ reasonable care to avoid misleading Company; and (e) to act in a manner consistent with the Investment Guidelines for the Account as agreed to between Investment Manager and Company.

  • APPOINTMENT OF BANK 1. The Customer hereby constitutes and appoints the Bank as its agent to perform the services described herein and as more particularly described in Schedule I attached hereto (the "Services"), and the Bank hereby accepts appointment as such agent and agrees to perform the Services in accordance with the terms hereinafter set forth.

  • Appointment of Director The Company, subject to the requisite prior-approval of the Board of Directors, hereby:

  • Appointment of Co-Trustee It is the purpose of this Indenture that there shall be no violation of any law of any jurisdiction denying or restricting the right of banking corporations or associations to transact business as trustee in such jurisdiction. It is recognized that in case of litigation under this Indenture, and in particular in case of the enforcement thereof on default, or in the case the Trustee deems that by reason of any present or future law of any jurisdiction it may not exercise any of the powers, rights or remedies herein granted to the Trustee or hold title to the properties, in trust, as herein granted or take any action which may be desirable or necessary in connection therewith, it may be necessary that the Trustee appoint an individual or institution as a separate or co-trustee, provided that unless an Indenture Event of Default shall have occurred and be continuing, any such appointment of a co-trustee shall be subject to the consent of the Company, which consent shall not be unreasonably withheld. The following provisions of this Section are adopted to these ends. In the event that the Trustee appoints an additional individual or institution as a separate or co-trustee, each and every remedy, power, right, claim, demand, cause of action, immunity, estate, title, interest and lien expressed or intended by this Indenture to be exercised by or vested in or conveyed to the Trustee with respect thereto shall be exercisable by and vest in such separate or co-trustee but only to the extent necessary to enable such separate or co-trustee to exercise such powers, rights and remedies, and only to the extent that the Trustee by the laws of any jurisdiction is incapable of exercising such powers, rights and remedies and every covenant and obligation necessary to the exercise thereof by such separate or co-trustee shall run to and be enforceable by either of them. Should any instrument in writing from the Company be required by the separate or co-trustee so appointed by the Trustee for more fully and certainly vesting in and confirming to him or it such properties, rights, powers, trusts, duties and obligations, any and all such instruments in writing shall, on request, be executed, acknowledged and delivered by the Company; provided, that if an Indenture Event of Default shall have occurred and be continuing, if the Company does not execute any such instrument within fifteen (15) days after request therefor, the Trustees shall be empowered as an attorney-in-fact for the Company to execute any such instrument in the Company's name and stead. In case any separate or co-trustee or a successor to either shall die, become incapable of acting, resign or be removed, all the estates, properties, rights, powers, trusts, duties and obligations of such separate or co-trustee, so far as permitted by law, shall vest in and be exercised by the Trustee until the appointment of a new trustee or successor to such separate or co-trustee. Every separate trustee and co-trustee shall, to the extent permitted by law, be appointed and act subject to the following provisions and conditions:

  • Appointment of Sub-Advisor In accordance with and subject to the Management Agreement, the Manager hereby appoints the Sub-Advisor to perform the services described in Section 2 below for investment and reinvestment of the securities and other assets of the Series, subject to the control and direction of the Manager and the Fund's Board of Directors, for the period and on the terms hereinafter set forth. The Sub-Advisor accepts such appointment and agrees to furnish the services hereinafter set forth for the compensation herein provided. The Sub-Advisor shall for all purposes herein be deemed to be an independent contractor and shall, except as expressly provided or authorized, have no authority to act for or represent the Fund or the Manager in any way or otherwise be deemed an agent of the Fund or the Manager.

  • Appointment of Officers The Trust may have one or more Officers who are hereby empowered to take and are responsible for performing all ministerial duties on behalf of the Trust pursuant to this Agreement and the other Operative Agreements, including, without limitation, the execution of the Officers’ Certificate (as defined in the Indenture), the Trust Order (as defined in the Indenture), the Trust Request (as defined in the Indenture), the annual compliance report required under Section 3.09 of the Indenture, and any annual reports, documents and other reports which the Trust is required to file with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934, as amended. Each of the Chairman of the Board, the Chief Executive Officer, the President, each Senior Vice President and each Vice President of the Depositor is hereby appointed as an Officer of the Trust. The Depositor shall promptly deliver to the Owner Trustee and the Indenture Trustee a list of its officers who shall become the Officers of the Trust pursuant to this Section 11.01.

  • APPOINTMENT OF SUB-ADVISER The Adviser hereby appoints the Sub-Adviser to act as sub-adviser to the Portfolio(s), subject to the supervision and oversight of the Adviser and the Trust Board, and in accordance with the terms and conditions of this Agreement. The Sub-Adviser will be an independent contractor and will have no authority to act for or represent the Adviser or the Trust in any way or otherwise be deemed an agent of the Adviser or the Trust, except as expressly authorized in this Agreement or another writing by the Adviser or the Trust and the Sub-Adviser.

  • Appointment of Manager Owner hereby engages and retains Manager as the manager and as tenant coordinating agent of the Properties, and Manager hereby accepts such appointment on the terms and conditions hereinafter set forth; it being understood that this Management Agreement shall cause Manager to be, at law, Owner’s agent upon the terms contained herein.

  • APPOINTMENT OF ADVISOR The Trust hereby employs the Advisor and the Advisor hereby accepts such employment, to render investment advice and related services with respect to the assets of the Fund for the period and on the terms set forth in this Agreement, subject to the supervision and direction of the Trust’s Board of Trustees (the “Board of Trustees”).

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