(last revision – September 2023)
This Egnyte Platform Reseller Agreement ("Agreement") sets forth the terms and conditions governing Reseller’s appointment as a reseller of Egnyte’s services to third parties, including the purchase and resale of the Egnyte Platform.
This Agreement constitutes the complete and exclusive statement of the mutual understanding of the parties and supersedes and replaces all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement. It may only be amended in a writing signed by both parties. Additional or different terms in any Reseller communication, including any purchase order, are void.
"Affiliate" means, with respect to a party, any entity that directly or indirectly controls, is controlled by, or is under common control with such party (where "control" means ownership or control, directly or indirectly, of more than 50% of the voting interests of the subject entity).
"Customer" means any third party that purchases subscriptions to the Services from Reseller for its own internal purposes (not for resale to, or use on behalf of, others).
"Egnyte Marks" refers to the proprietary indicia, trademarks, trade names, symbols, logos, and/or brand names adopted by Egnyte from time to time to identify itself or its products or services.
"Egnyte Platform" means Egnyte’s hosted content services platform that enables the processing, governance, and management of Content. Each Egnyte Platform subscription includes per-unit features and functionality per the relevant Egnyte Platform plan.
"Services" means the Egnyte services ordered by Reseller, as may be further described in Egnyte’s Product-Specific Special Terms at the following link: https://www.egnyte.com/product-specific-special-terms ("PSST"). Egnyte may update the PSST from time to time, provided that any such updates will only apply to Reseller (and its Customers) from the earlier of i. the date of signing of a new agreement with Egnyte, ii. the date of renewal of the Subscription Term, or, iii. solely for the purposes of overage billing, the date the overage occurs.
"Reseller Code" means a unique string of characters that will identify Reseller in Egnyte’s internal systems for the purposes of tracking Reseller’s Customers.
"Reseller Portal" means Egnyte’s internal system that tracks sales and billing activity, including Customer subscriptions to the Services.
"Support Services" means the support services provided by Egnyte to Customers for the Services.
Section headings are for general reference only and are not probative in interpreting the meaning of any provisions hereunder.