Partner Agrees to the following:
Reseller Terms and Conditions
1. Introduction
This Reseller Agreement (“Agreement”) establishes the terms and conditions governing the resale of Software Licenses and Physical Products offered by Softikk.com (the “Company”) to authorized resellers (“Reseller”). By accepting this Agreement, the Reseller acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement.
2. Definitions
- “Company” refers to Softikk.com, the owner and operator of this website
- “Reseller” means the individual or entity authorized to resell the Company’s Software Licenses and Physical Products.
- “Software License” refers to the digital product granting access to use specific software.
- “Physical Product” refers to the software delivered on a physical medium, such as a CD or DVD.
- “End User” means a customer who purchases a Software License or Physical Product from the Reseller.
3. Appointment of Reseller
Reseller accounts are granted at the sole discretion of the Company. The Company reserves the right to refuse reseller status to any customer for any reason.
4. Reseller Responsibilities
- Compliance with Agreement: The Reseller agrees to comply with all terms and conditions set forth in this Agreement.
- Pricing and Discounts: The Reseller may be granted discounts on Software Licenses and Physical Products. Discounts will be applied at the time of the Order and are subject to the Reseller being logged into their account.
- End User Information: The Reseller may be required to collect End User information to obtain Software Licenses. The license assigned is for the End User, not the Reseller. The End User must agree to the product licensing.
- Delivery of Activation Codes: Upon purchase of a Software License or Physical Product, the Reseller is responsible for making any registration codes or activation keys available to the End User.
- Customer Support: The Reseller agrees to provide technical support to their End Users for the purchased Software Licenses and Physical Products.
- Website and Contact Information:
- The Reseller agrees to maintain a website to sell the Company’s Software Licenses and Physical Products. The URL of the website must be provided to the Company upon request.
- The Reseller agrees to keep their contact information up-to-date within their account area.
- Ethical Business Practices:
- The Reseller agrees to conduct business ethically and in a manner that does not damage the reputation of the Company.
- The Reseller will avoid misleading, deceptive, or otherwise improper business practices, including unsolicited commercial email (spam). Violation of this will result in immediate termination of the reseller account and withholding of any payments.
- Confidentiality: The Reseller agrees not to disclose any confidential information provided by the Company
- Independent Contractor: The Reseller acts as an independent contractor and not as an employee, agent, or representative of the Company.
5. Company Responsibilities
- Providing Reseller Materials: The Company may provide the Reseller with certain marketing materials to promote the Software Licenses and Physical Products.
- Direct Sales: The Company reserves the right to sell Software Licenses and Physical Products directly to any customer without involving the Reseller.
- Intellectual Property: The Company retains all intellectual property rights for the Software Licenses and Physical Products.
- Termination: The Company reserves the right to terminate any reseller account at any time for any reason without prior notice.
6. Limitation of Liability
The Company shall not be liable for any special, indirect, consequential, or incidental damages arising from this Agreement or the use of Software Licenses or Physical Products by the End User. Our maximum liability, if any, will be limited to the amount the Reseller paid for the Software License or Physical Product.
7. Indemnity
The Reseller agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to the Reseller’s violation of this Agreement or their sales to End Users.
8. Governing Law
This Agreement is governed by and construed in accordance with the laws of [Your State], India. The parties agree to submit to the non-exclusive jurisdiction of the courts located in [Your State], India.
9. Dispute Resolution
We are committed to resolving disputes with our resellers efficiently and fairly. If you have any concerns regarding this Agreement, please contact us first. We will try our best to address your concerns. If we are unable to reach a resolution, you may pursue legal action in accordance with the Governing Law section of this Agreement.
10. Additional Information
- We may send you communications related to your account, such as maintenance notices or new