In this agreement, unless the context otherwise requires, the following expressions have the following meanings:
Agreement: means the Acmetek Reseller Agreement
Acmetek Authorised Representative: Acmetek’s authorised representative shall be the Managing Director, Director or any other person duly authorized by Acmetek.
Products and Services: means goods and or services supplied/provided by Acmetek.
Commencement Date: means the date upon which this Agreement shall become effective.
Intellectual Property Rights: means patents, trade and service marks, registered designs, applications for any of the foregoing, copyrights, design rights, know-how, confidential information, trade and business names and any other similar protected rights in any country, whether owned by Acmetek or its affiliates (OEMs, vendors, manufacturers, licensors) for intellectual property rights assigned / licensed to Acmetek.
Marks: Acmetek’s trademarks and service marks as created from time to time.
Invoice Price: means, in relation to the purchase of Products and Services and or services, the amount invoiced by Acmetek to the Reseller including applicable government taxes at the time of raising the invoice irrespective of when the Purchase Order was placed.
Documentation: means literature and / or software accompanying the Products and Services.
Territory: means India.
Year: means a period of 12 calendar months.
Supplementary Agreement: means the further agreement(s) as may be executed between the parties in writing to include such other commercial terms and conditions which are not specifically incorporated in this Agreement.
Acmetek hereby grants to Reseller the right to market and sale, on its own account, the Products and services provided by Acmetek.
Duration: Subject to earlier termination as hereinafter provided, this Agreement shall become effective on the Commencement Date 17/05/2021 and shall continue for one year from the date of commencement. The continuation of any business relationship and the extension of the agreement is entirely at the discretion of Acmetek
Termination: Acmetek and Reseller shall have right in terminating the agreement by giving 30 days’ notice.
Change in Reseller pricing: The company shall have right to change the Reseller pricing from time to time and the same shall be informed to the Reseller.
Confidentiality: The information provided to you in physical form or in digital form shall be deemed to be confidential, whether the same is labelled “confidential” or not
You recognize and acknowledge that:
- In course of your appointment as a reseller by the company, it may be necessary for
you to acquire information which may include, in whole or part, information concerning the Sales, pricing, strategies, marketing materials, processes other confidential or confidential or proprietary information belonging to the Company affairs (collectively referred therein as the “confidential information”)
- The confidential information is the property of the Company.
- The use, misappropriation or disclosure of the confidential information would constitute a breach of trust and could cause irreparable injury; and
- It is essential to the protection of the Company’s goodwill and, to the maintenance of the Company’s competitive position that the confidential information be kept secret and that you not disclose the confidential information to others, or use the confidential information to your own advantage or the advantage of others. You agree to hold and safeguard the confidential information in trust for the Company, its successors and assigns and agree that you shall not, without prior written consent of the Company during your status as reseller with the Company or subsequent to the termination of your status as reseller with or without cause, and of the confidential information, whether or not developed by you, except as required in the performance of your duties to the Company.
- Any payment collected by your company either in cash or in any other form is at your risk which shall not make Acmetek responsible.
- Please note that you shall not have any authority to collect or accept any money in the form of cash on behalf of Acmetek or any other form prohibited by the company from time to time, which may be prejudicial to the interest of Acmetek.
Payment Terms: You company shall make the payment upon purchase of products and/or services from Acmetek within 10 Days from the date of issuance of the Certificate.
Governing Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of Telangana.
Force Majeure: Neither party shall be liable for any delay in performing any of its obligations under this Agreement if the delay is caused by circumstances beyond its reasonable control. The delaying party shall be entitled to a reasonable extension of time for the performance of such obligations.
If and when the period of incapacity exceeds 90 days, then this Agreement shall automatically terminate unless the parties first agree otherwise in writing.