1. Scope of Agreement:
This Agreement governs the relationship between Provider and Reseller for the resale of web hosting services and related products (collectively, “Services”) offered by Provider on the Giddy Host website.
2. Reseller Authorization:
a. Provider authorizes Reseller to promote, market, and resell the Services to end-users.
b. Reseller is granted a non-exclusive, non-transferable license to use Provider’s trademarks, logos, and marketing materials solely for the purpose of promoting the Services.
3. Reseller Obligations:
a. Marketing and Promotion: Reseller agrees to make commercially reasonable efforts to market and promote the Services in compliance with applicable laws and this Agreement.
b. Customer Support: Reseller is responsible for providing front-line customer support to end-users for all matters related to the Services. Provider may provide support guidelines and assistance as needed.
c. Billing and Payment: Reseller is responsible for setting the prices of the Services offered to end-users and collecting payments directly from customers. Reseller will remit payments to Provider based on the agreed-upon pricing and payment terms.
d. Compliance: Reseller shall comply with all laws, regulations, and industry standards related to the promotion and sale of the Services.
4. Provider Obligations:
a. Provision of Services: The provider will supply the Services to Reseller for resale to end-users.
b. Technical Support: Provider will provide technical support to Reseller concerning the setup and maintenance of the Services.
c. Service Level Agreement (SLA): Provider will uphold the SLA specified on the Giddy Host website concerning the performance and availability of the Services.
5. Pricing and Payment:
a. Reseller Pricing: Reseller is free to set its own prices for the Services.
b. Payment to Provider: Reseller shall pay Provider for the Services according to the payment terms agreed upon by both parties.
Both parties agree to maintain the confidentiality of any non-public information shared during the course of this Agreement, including customer data, business strategies, and trade secrets.
7. Term and Termination:
a. The term of this Agreement shall commence on the effective date and continue until terminated by either party.
b. Either party may terminate this Agreement with written notice if the other party breaches any material term of this Agreement.
c. Upon termination, Reseller shall cease all marketing and promotion of the Services, and any unpaid balances owed to Provider must be settled.
8. Intellectual Property:
All intellectual property rights related to the Services, trademarks, and marketing materials remain the property of Provider.
9. Limitation of Liability:
In no event shall either party be liable to the other for any indirect, incidental, special, or consequential damages arising out of or in connection with this Agreement.