Sun ServiceMaster Agreement
Category: Reseller Agreement
SUN SERVICEMANAGERSM AGREEMENT
This Sun ServiceManagerSM Agreement (“Agreement”) is entered into between Sun Microsystems, Inc., with its principal place of business at 901 San Antonio Road, Palo Alto, California 94303 (“Sun”) and Strategic Technologies, Inc., with its principal place of business at 301 Gregson Drive Cary, North Carolina 27511 (“Reseller”). Reseller is an authorized Sun Direct Value Added Reseller (“DVAR”) or Indirect Value Added Reseller (“IVAR”) (Reseller Agreement No CS-US-004107-R) in the United States.
1. SCOPE. This Agreement establishes the terms and conditions under which Reseller will market and sell, or incorporate for resale, Sun hardware maintenance, software support and other services (“Services”) in the United States to end-user support customers other than the Federal Government (“Support Customers”). Services include, but are not limited to, Sun’s service support programs (“Support Programs”), educational services and consulting services.
2. APPOINTMENT.
2.1 Appointment. This Agreement designates Reseller as an authorized, non-exclusive “Sun ServiceManager”. As such, Reseller is authorized to:
2.1.1 offer, promote and market to Support Customers Sun’s standard Services set forth in Exhibit A, with Sun providing Services directly to Support Customer, subject to ensuring Support Customer’s execution of the appropriate Sun end-user contract (Sun ServiceManager acting as a Sun ServiceRepresentativeSM);
2.1.2 purchase Services set forth in Exhibit A and resell such Services to Support Customers, subject to ensuring Support Customer’s execution of Reseller’s end-user contract (Sun ServiceManager acting as a Sun ServiceManager);
2.1.3 subcontract Support Customer obligations to Sun, under one or more of Sun’s Support Programs or other Service offerings; and
2.1.4 purchase Sun educational courses for Reseller’s personnel and Support Programs for Reseller’s internal systems.
Services must be: (i) sold directly to Support Customers on a face-to-face basis; and (ii) sold to Support Customers located in the United States.
2.2 Modifications. Sun reserves the right, at its sole discretion, to change, discontinue, add, or make substitutions for any Services at any time and from time to time. Sun reserves the right to periodically establish and amend discounts and prices set forth on the Enterprise Services U.S. Reseller Price List or the Enterprise Services U.S. End User Price List (collectively known as “Price List”).
3. RESELLER OBLIGATIONS.
3.1 Sale and Support. Reseller will use its best efforts to offer, promote, market and sell Services. The sale and support of Services must be performed at all times by Reseller’s full-time personnel who are trained and certified as specified by Sun. Reseller will contract with its Support Customers to provide Services which it resells to its Support Customer on terms substantially similar in all material respects to those contained in Sun’s end-user contracts. Notwithstanding the foregoing, Reseller has the right to establish the prices, and all other commercial terms, at which it resells Services to its Support Customers.
3.2 Support Customers. Reseller will only resell services to end-user Support Customers. Reseller will concentrate on those customers to which it has actually sold Sun products. Reseller will not sell Services to other resellers or other third party maintenance providers.
3.3 Prerequisites for Certification. Reseller will complete and maintain the Sun ServiceManager prerequisites set forth in Exhibit B to comply with the level or Sun certification it desires. Sun reserves the right to amend the prerequisites from time to time and Reseller is required to fulfill any new or amended prerequisites within ninety (90) days of notice of such amendments. Training and certification may be secured directly from Sun or from any Sun authorized training provider. All expenses associated with such prerequisites are such Reseller’s sole responsibility and are incurred at Reseller’s expense. Reseller must at all times employ certified employees. Replacement or substitute certified employees must establish the requisite expertise within ninety (90) days after designation.
3.4 Fair Representation. Reseller will represent Sun fairly and will make no representations or guarantees concerning Sun or its Services which are false, misleading, or inconsistent with those representations set
===
Click here for the complete Sun ServiceMaster Agreement