CLOUD RESELLER AGREEMENT
THIS CLOUD RESELLER AGREEMENT (the “Agreement”) is made and entered into
this day of ___________day of________________,20 ________(the “Effective Date”)
will constitute an Agreement between________________________[SELLER’S
NAME/COMPANY] (hereinafter referred to as “Reseller”) and
________________________ [BUYER’S NAME] (hereinafter referred to as “Buyer”).
The Reseller and the Buyer may be referred to individually as “Party” and
collectively as “the Parties”.
WHEREAS, Reseller is desirous of reselling its cloud hosting services
(“Services”) to Buyer;
WHEREAS, Buyer is desirous of engaging in this resell of the Services with
Reseller.
NOW, THEREFORE, in consideration of the agreements contained in this Cloud
Reseller Agreement, the Parties, intending to be legally bound, agree as follows:
CONTRACT TERM:
1. This Agreement will commence from the Effective Date and will remain in full
force effect for a one(1) month till this day of ___________day
of________________,20 ________.
PAYMENTS:
2. The first payment of ________________ ($0.00)shall be done and completed
before the start of the Cloud Hosting Services.
3. Three (3) or more users are subject to a setup fee of ____________($0.00)
4. Any Operating System like, Linux, Microsoft Windows license(s) shall be
included in the total price. Any other third-party software will need license
provided by the Buyer.
CONFIDENTIALITY AND PROPRIETARY RIGHTS:
5. Both parties acknowledge and agree that the following constitute confidential
and proprietary information for the purposes of this clause: all technical
information provided by either party to the other regarding cloud hosting
services, software and methodologies, identity of (any and any non-public
information about) customers and prospects provided by Reseller. Both Parties
agree to protect all confidential information as they would protect their own
proprietary products. Neither party shall reverse engineer, reverse assemble,
or reverse compile any of the other’s technology (including but not limited to
the Service and Reseller’s other products and services).
6. All proprietary rights, including all Intellectual Property rights in the cloud
hosting services, software products and related documentation hereunder, are
and shall remain the exclusive property of their respective owners as existed
prior to the Effective Date. Both Parties will adhere strictly to the proprietary
rights restrictions (including trade secrets and copyright rights) in this
Agreement affecting them, and use their best efforts to protect the proprietary
rights of the other.
7. Intellectual Property shall also include two different backups which are
included (one in the same datacenter and one in another part of USA).
Antivirus and data encryption shall also be included by Reseller. The rights,
title and interest of the Intellectual Property shall vest in the Reseller.
TERMINATION:
8. After the Initial Term, unless either party has provided the other with not less
than sixty (60) days prior notice of its intention not to renew or cancel this
Agreement, this Agreement shall automatically terminate.
9. Either Party may terminate this Agreement for cause if the other party is in
material breach of this Agreement.
10. Reseller shall terminate this Agreement if Buyer fails to pay Reseller, if Buyer
gives access of the Services to another IT company, if Customers refuse to
follow the rules, and directions.
DISPUTE RESOLUTION:
11. All disputes or differences which shall at any time arise between the Parties
concerning any matter in relation to this Agreement shall be resolved amicably
through conciliation, negotiation or Arbitration.
GOVERNING LAW:
12. This Agreement will be governed by, and construed in accordance with, the
laws of the State of Florida without giving effect to its conflict of laws
principles.
ENTIRE AGREEMENT:
13. This contract represents the complete agreement between the parties. As
such, any changes or modifications to the contract can only be made by a
mutual agreement of the parties in writing.
IN WITNESS, the parties have executed this Cloud Reseller Agreement in
duplicate on the date and year first above written.
SIGNED by the parties:
…………………………….
(RESELLER’S NAME/COMPANY-RESELLER)
Reseller’s Signature: _________________
Date: _________________
-AND-
……………………………….
(BUYER’S NAME -BUYER)
Buyer Signature: _________________
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