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PlaNet Prepay Reseller Agreement
This PlaNet Prepay Reseller Agreement contains the terms and conditions that apply to an individualīs or entityīs participation in the SolarWinds Reseller Program (the "Program"). As used in this Agreement, "we" means PlaNet Communications Ltd (PlaNet) and " Reseller " means the applicant. You must agree to these provisions to be accepted as a Reseller .
1. Enrollment in the Program
To begin the enrollment process, Reseller must submit the above form for review to our web site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. If we reject your application, you are welcome to reapply to the Program at any time. By submitting the application, Reseller confirms that Reseller agrees with these provisions.
2. Improper Business Practices
We reserve the right to terminate a Reseller account at any time with immediate effect if itīs found that Reseller is exercising any of the Improper Business Practices. Improper activities include, but are not limited to:
- Linking to Planet Communication Ltd from sites that contain sexually explicit or any indecent, obscene or clearly offensive material, promote any illegal activity or promote violence
- Providing customers with insufficient or misleading information about business, products, trademarks or copyrights
- Any other method of promotion which, in our judgment, is likely to bring Planet Communication Ltd into disrepute
3. Order Processing
Wholesale reseller purchases may be made at prepay.pl.net site by logging in as reseller and payment bycredit card or client sales from reseller website at retail rate will qualify you as reseller for commission paid by PlaNet on a monthly basis. No other forms of order or payment are accepted.
4. Pricing
We reserve the right to adjust our prices, although we will not do so without giving prior notice.
5. Policies and Pricing
Customers who buy products through this Reseller Program will be deemed to be customers of SolarWinds.Net, Inc.. Accordingly, all SolarWinds.Net, Inc. rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. Product prices may vary from time to time. You must collect and pay any applicable sales or use tax to the taxing authority on all sales.
6. Terms of the Agreements
The terms of this Agreement will begin upon our acceptance of Reseller application and will end when terminated by either party. Either Reseller or SolarWinds may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
7. Relationship of Parties
Reseller and SolarWinds are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Reseller will have no authority to make any representations on our behalf without written authorization from SolarWinds. Reseller may not make any statement that reasonably contradicts anything in this Section.
8. Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages.
9. Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, or any implied warranties arising out of a course of performance, dealing, or trade usage), except those specifically provided in the End User License Agreement.
10. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMERS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
11. Miscellaneous
The laws of the New Zealand and the state of govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in New Zealand and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement. |