XYBERCODE RESELLER AGREEMENT
This Reseller Agreement (the "Agreement") is made as of today ("Effective
Date"), by and between you ("Reseller") and Xybercode, a Florida corporation
("Company"), to appoint Reseller a reseller of the eBooks offered inside the
membership site PLRDomination.com (the "Products") in accordance with the terms
and conditions of this Agreement.
BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS RESELLER AGREEMENT AND AGREE
TO BE BOUND BY THEM. IF YOU DO NOT AGREE, DISCONTINUE USE IMMEDIATELY.
1. APPOINTMENT
1.1 Appointment. Company hereby appoints Reseller as a nonexclusive reseller of
the Product in object code form only. Company shall deliver both the object and
source code of the Products to Reseller; however, Reseller may only distribute
the Products in object code form.
1.1.1 Distribution Limitations. Reseller hereby covenants that Reseller shall
not distribute more than three (3) individual eBooks or other components of the
Products, in any one product offering or download. Specifically, Reseller may
not bundle and offer for one price any more than three components of the
Products. The sales copy is for the Reseller's personal use only and can not be
distributed. Reseller has the right to sell each product to end users for
monetary gain. Reseller may not sell resell rights or list products on Ebay.com,
unless SUBSTANTIAL changes are made to the products. Company reserves the right
to determine what constitutes a "substantial" change on a case-by-case basis.
Resellers may NOT sell private label rights of the products. Company reserves
the right to limit distribution in any way not listed in this reseller
agreement.
2. PRICES, ORDERS, DELIVERY AND PAYMENT
2.1 Marketing and Support. Company has no obligation to provide any technical or
customer service support for the Products, to either Reseller or customers of
Resellers.
2.1 Prices and Payment. Reseller shall pay Company a membership fee for the
right to distribute the Products under this Agreement.
3. TRADEMARKS AND NOTICES
3.1 Trademarks. Reseller is not authorized to use Company's current and future
trademarks, service marks and trade names ("Marks") in connection with the
marketing and distribution of Products pursuant to this Agreement or for any
other reason.
4. WARRANTY DISCLAIMER. COMPANY HEREBY DISCLAIMS ANY WARRANTIES ON THE PRODUCTS,
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY
PROVIDES NO WARRANTIES WHATSOEVER TO RESELLER OR RESELLER'S CUSTOMERS.
5. TERM AND TERMINATION
5.1 Term. This Agreement will commence in force on the Effective Date and will
continue for a term of one hundred (100) years, unless sooner terminated under
this Section 7. This Agreement will automatically renew for successive 1 year
terms unless terminated by either party upon no less than 30 days written notice
prior to the termination of the initial or any renewal term.
5.2 Termination. This Agreement shall terminate immediately upon a material
breach of any provision of this Agreement by either party. Company reserves the
right to serve written or email notice upon Reseller for any material breach of
this Agreement, notwithstanding any automatic termination that occurs prior to
such notice. The provisions of Sections 2.1, 3.1, 4, 6, 7, 8 and 9 will survive
expiration or termination of this Agreement.
6. CONFIDENTIAL INFORMATION. "Confidential Information" means any information
disclosed by one party to the other pursuant to this Agreement which is marked
"Confidential," "Proprietary," or in some similar manner. Each party shall treat
as confidential all Confidential Information of the other party, and shall not
use such Confidential Information except to exercise its rights or perform its
obligations under this Agreement and shall not disclose such Confidential
Information to any third party. This paragraph will not apply to any
Confidential Information which is generally known and available, or in the
public domain through no fault of the receiver.
7. INTELLECTUAL PROPERTY WARRANTY AND INDEMNITY
7.1 Intellectual Property. Company makes NO warranties whatsoever regarding the
intellectual property contained in the Products, and Reseller hereby
acknowledges that Reseller is receiving the Products "as is" without any
warranties from Company related to intellectual property. Additionally, Reseller
hereby covenants that Reseller will include this complete disclaimer of any
intellectual property or other warranties in end user agreements entered into by
customers of Reseller. THIS SECTION 7 STATES THE SOLE LIABILITY OF COMPANY WITH
RESPECT TO ANY INFRINGEMENT BY THE PRODUCTS OF ANY PATENT, COPYRIGHT, TRADE
SECRET, TRADEMARK OR OTHER INTELLECTUAL PROPERTY CLAIM.
7.2 Indemnification. If Reseller fails to disclaim all intellectual property and
other warranties in end user agreements with Reseller's customers, Reseller
shall defend, or at its option settle, or pay any damages awarded in any claim,
suit or proceeding brought against Company by customers of Reseller on the issue
that the Products infringe any copyright, trade secret or trademark of any third
party.
8. LIMITATION OF LIABILITY. COMPANY'S LIABILITY UNDER THIS AGREEMENT, REGARDLESS
OF THE FORM OF ACTION, WILL NOT EXCEED THE AMOUNTS PAID BY RESELLER TO COMPANY
UNDER THIS AGREEMENT. NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL INDIRECT,
CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER OR
NOT SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
9. MISCELLANEOUS. If any portion of this Agreement is held to be unenforceable,
the remainder of this Agreement will remain valid. This Agreement may not be
assigned by Reseller without Company's prior written consent. Subject to the
preceding sentence, this Agreement will inure to the benefit of the parties'
successors and assigns. The relationship of Company and Reseller established by
this Agreement is that of independent contractors. All notices must be either
sent registered or certified mail, return receipt requested, or served
personally. This Agreement will be governed by the laws of the State of Florida
without regard to its conflicts of laws provisions. The state and federal courts
within Seminole County, Florida will have exclusive jurisdiction over all
disputes arising out of this Agreement. The terms and conditions of this
Agreement constitute the entire Agreement between the parties and supersede all
previous agreements, whether oral or written, between the parties with respect
to the subject matter hereof. Without limiting the above, all purchase orders
will be governed by the terms and conditions of this Agreement notwithstanding
any preprinted terms and conditions. Reseller shall hold Company harmless from
any loss, expense, cost, liability or damage, including attorneys' fees, of
Company arising out of acts of Reseller contemplated by this Agreement. No
amendment or waiver of this Agreement will be binding unless it has been
assented to in writing by both parties. |
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