December 1, 2020

Affiliate Distributor Agreement

Filed under: Uncategorized — dpk3000 @ 12:43 pm

3.1 Order contracts. When Partner acquires products and services from Dell Technologies, these purchases are subject to the service provider`s existing order agreement, the master order, the alliance contract, the strategic alliance framework contract, or any other sales contract that explicitly governs the nature of the acquired products and services (“order contract”). 13.10 Full agreement. This agreement (including the terms and conditions of sale, specific terms and conditions applicable to partners and all documents, terms and conditions (as may be amended) constitutes the entire agreement between Partner and Dell Technologies regarding the program, including sub-programs, discounts, incentives and marketing programs. The partner expressly disclaims any confidence in Dell Technologies` statements or assurances that are not included in this Contract or in the previous conduct of Dell Technologies. Most of the errors written in the distribution agreements are made by parties who do not have the experience of establishing and negotiating these agreements. Most large companies with years of agreement experience rarely write errors in these agreements. Many errors are the result of a partner trying to gain advantage over the other partner by inserting into the agreement a bias that favors the more experienced party. Relationships between manufacturers and distributors are organic.

They were born. They`re growing. They`re growing up. They`re maturing. They`re disintegrating. They ended up perishing. External factors regularly put the distributor and manufacturer under pressure. These pressures sometimes change the distribution agreement. If the agreement allows for changes later this year, there are few problems. However, if the agreement allows for changes only once a year, one or both partners must face undue pressure until the agreement can take such an annual change into account.

The best distribution agreements allow for changes during the year. 4.5 Compliance. You agree that you have appropriate controls and systems and that you are fully responsible for the transactions of all third parties who assist you, who benefit from them or who receive goods or services from you or that are provided to you, and that you are responsible for the transaction verification and the guarantee that they receive them or receive them from you. For any agreement you enter into or maintain directly or indirectly with third parties for the resale or sale of products or services to an end-user, you must include in a written agreement with that third party conditions as complete as the terms of compliance and ask that third party to recognize and accept that Dell Technologies is a third party benefiting from the agreement and that Dell Technologies may apply the terms of compliance compliance directly against these third parties or through you. B. Restrictions. Notwithstanding Clause 5.3 (A), you may not directly or indirectly market or resell products or services (a) to consumers, distributors, third-party suppliers or re-manufacturers, unless those rights are expressly granted to you in writing by Dell Technologies; and (b) by retail outlets (online or offline), online shops or auction sites.