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Reseller is an
independent contractor by status and not a partner, part of a joint venture,
franchisee, agent, or employee of Sona Infosys. Reseller shall not
represent their relationship with Sona Infosys as anything other than
an independent contractor or reseller. As well, Sona Infosys shall
not refer to Reseller as anything other than a reseller, independent
contractor, consultant, or other designation as expressed by Reseller
and agreed upon by Sona Infosys. Sona Infosys will not provide
fringe benefits, including health insurance benefits, paid vacation, or any
other employee benefits.
3. Billing
Sona Infosys is responsible for
billing Reseller's clients. Reseller as an independent contractor, is solely
responsible for income taxes and expenses related to this Agreement.
4.
Territory
Reseller may sell Sona Infosys
Hosting Services anywhere in the world.
5.
Account Set-up
In order to ensure that Reseller is
properly credited for setting up accounts, Reseller must place the Sona
Infosys on-line order form on their site. Your company name or logo will
be clearly displayed along with the Sona Infosys Reseller Logo at the
top of the page.
6.
Marketing
Resellers may use the name Sona
Infosys, and Sona Infosys Authorized Reseller Logos on their website and
on advertisements. To maintain the quality of Sona Infosys's
advertising and promotional materials, Resellers must submit a copy of any
such Web pages or advertisements for approval prior to publication. Sona
Infosys will review use of logo and notify Resellers of approval within
three (3) business days of submission.
7.
Termination.
Either party may terminate this agreement
at any time for any or no reason in such party's sole discretion. Reseller
will continue to be paid on all hosting for the life of the account,
providing the accounts remain with Sona Infosys.
8.
Content
Although Sona Infosys has a policy
of not monitoring or policing the content you place on our servers, when
questionable material comes to Sona Infosys's attention, Sona
Infosys reserves the right to remove without notice any content that, in
Sona Infosys's sole opinion, may result in a violation of the United
States Constitution, or any federal, state, common or international laws or
regulations, or that may be offensive to Sona Infosys or to other
users.
9.
Waiver of Implied Warranties
With respect to the Hosting, Sona
Infosys provides services to Reseller and Reseller clients on an
"as is" basis. SONA INFOSYS EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
10.
Waiver of Damages
Sona Infosys assumes no liability
for any loss, injury, claim, liability or damage of any kind - including
loss business, lost profits, lost data, or failure of security - resulting
in any way from Reseller's or Reseller clients' use of the Hosting,
including without limitation, any errors or omissions, any content, any
delay or failure of performance, or the unavailability or interruption of
service. Accordingly, SONA INFOSYS SHALL NOT BE LIABLE FOR DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE (INCLUDING, WITHOUT
LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING
IN, CONNECTION WITH THE WEB HOSTING SERVICES, OR THE FAILURE OF A PARTY TO
PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY PARTY'S NEGLIGENCE. RESELLER ALSO
AGREES TO INDEMNIFY AND HOLD HARMLESS SONA INFOSYS FROM ANY CLAIMS RESULTING
FROM THIS AGREEMENT. Termination of this Agreement shall be Reseller's sole
and exclusive remedy for any and all damages or injury.
11.
General
If any provisions of this Agreement are
deemed invalid or unenforceable under applicable law, the remaining
provisions will continue in full force and effect. Sona Infosys's
failure to enforce any provision of this Agreement shall not constitute or
be construed as a waiver of that provision or of the right to enforce it at
a later time. This Agreement shall be governed by the laws of the State of
Florida. This Agreement contains the entire understanding between Sona
Infosys and Reseller for provision of Hosting. This Agreement supersedes
and cancels any and all prior and contemporaneous oral and written
understandings or agreements on this subject matter, except the Hosting
Terms. Continued use of Sona Infosys Services constitutes continued
acceptance of this Agreement, including any and all modified terms.
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I
have read and accepted the above terms and conditions.
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| Individual
/ Company URL |
http://__________________________ |
| Reseller
/ Individual - Print Name |
________________________________ |
| Address |
________________________________ |
| Signature |
________________________________ |
| Social
Security Number |
________-________-________ |
| Reseller
/ Corporation - Name and Address |
________________________________ |
| Phone
Number |
________________________________ |
| Print
Name |
________________________________ |
| Signature
/ For the Company |
________________________________ |
| Federal
Employer Identification Number (FEI) |
_______-___________________ |
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