To start enjoying our Reseller Program, please fill out bellow
form and submit it. Once the program manager reviewed your
application, you will receive your Reseller Kit with your
CCI'S Value Added Partnership
Agreement and Policies
Partnership Agreement is entered into by and between
CCI Net, Inc. (hereafter called "CCI"),
located at 241 E. Imperial Hwy. Suite 330, Fullerton, CA 92835
And: The authorized Value Added Partner (VAP)
named at the end of this contract (here after called "VAP").
The Parties Agree As Follows:
CCI, subject to the terms of
this Agreement, grants CCI VAP a non- exclusive right for
the Term to market CCI services as a direct reseller at the
prices and terms contained herein.
CCI VAP acknowledges that
nothing hereunder shall in any way limit the rights of CCI
either on its own or through others, to market, sell, and
otherwise distribute CCI services or products.
CCI agrees to provide reasonable
pre-sale and post-sale support to CCI VAP.
CCI will provide primary
technical support for CCI Services to CCI VAP, and to CCI
VAP customers, but this Agreement shall not grant CCI VAP or
CCI VAP customers any rights in addition to those set forth
in this CCI terms of Service Agreement.
2. CCI VAP CONTRACTS
CCI VAP agrees to use its best
efforts to solicit new customers for the CCI Services herein
described during the term of this agreement. CCI VAP shall
be bound to a minimum of Six (6) active accounts, to comply
with the minimum account maintenance requirement requested
under this contract. CCI will be the sole judge of the
adequacy of CCI VAP efforts and performance for the purpose
of renewal or cancellation of this CCI VAP Agreement.
Under this CCI VAP Agreement,
CCI reserves the right to return to CCI VAP any Service
Order which CCI deems to be incomplete or otherwise
unacceptable to CCI for any reason and CCI shall have no
obligations to CCI VAP or the CCI VAP customer with respect
to any such rejected CCI VAP Service Order.
CCI agrees to pay CCI VAP
Commissions every month based on collected total monthly
invoices from CCI VAP and its Customers based on the
following table illustrates our Discount Structure:
CCI VAP agrees to use all CCI
VAP services and facilities at CCI VAP own risk. CCI
specifically disclaims all warranties of merchantability and
fitness for a particular purpose. In no event shall CCI be
liable for any loss, or data, or other damages suffered by
CCI VAP or CCI VAP customers. CCI VAP agrees to protect and
indemnify CCI against any and all liability, loss of expense
arising from claims of libel, unfair competition, unfair
trademarks, trade names or patents, violations of rights and
privacy and infringement of copyrights and any illegal acts
resulting from CCI VAP and CCI VAP customer's use of CCI
CCI VAP may not use the CCI logo
or such other trademarks, or other products, information or
marks owned by CCI without CCI express written/e-mail
requested permission. Promotional Material supplied by CCI
for usage by CCI VAP shall remain the sole property of CCI.
Except as expressly provided in
this Agreement, nothing hereunder shall be deemed to grant
any rights whatsoever to CCI VAP in the CCI Promotional
Material or any other intellectual property or confidential
information or proprietary services or products of CCI.
CCI agrees to provide, to the
best of its abilities, the CCI Services required under each
Service Order; provided, however , that this Agreement shall
not create any rights in CCI VAP with respect to any Service
CCI VAP Agrees to accept full
and final responsibility for payment of any and all services
provided by CCI to CCI VAP or CCI VAP customers. CCI VAP
shall be the sole billing contact for all payments due under
any and all Service Orders opened by CCI VAP. Domain
Registrations and all provided services are subjected to pre
payment by CCI VAP.
6. CCI VAP DISCOUNTS
CCI VAP shall receive services
and prices to be provided.
Payable upon order via
Credit Card/ International Money Order or Wire Transfer if
outside the USA.
by Credit Card or Check if
CCI VAP is residing in the USA.
Upon cancellation or non-payment
by CCI VAP, CCI shall discontinue all services and void all
service orders outstanding with CCI VAP and shall thereafter
have no further obligation to CCI VAP with respect to such
canceled CCI VAP Agreement or Service Orders.
7. RELATIONSHIP BETWEEN
This Agreement covers only the
marketing of CCI Services and nothing in this Agreement
shall give either party any rights in any other product
developed by, or services performed by, the other party.
CCI VAP SHALL HAVE NO RIGHT,
POWER OR AUTHORITY TO EXECUTE ANY DOCUMENT ON BEHALF OF CCI
OR OTHERWISE BIND CCI TO ANY AGREEMENT, MATTER, CASE OR
THING, INCLUDING ANY CCI VAP CONTRACT.
Nothing contained in this
Agreement shall constitute CCI or CCI VAP the partner, joint
venture, employee or servant of the other party. CCI VAP
shall be solely responsible for all taxes arising out of its
performance under this Agreement. Except as specified in
this Agreement, neither party shall have any right
whatsoever to incur any liabilities or obligations on behalf
of the other party.
CCI VAP represents and warrants
that CCI VAP is authorized to conduct its business as
proposed by this Agreement, that the person signing this
Agreement on behalf of CCI VAP is authorized to enter this
Agreement, and that this Agreement shall be binding upon CCI
CCI VAP shall not assign any
right or interest herein nor delegate any duty or
obligations in this Agreement (whether voluntarily or by
operation of law or otherwise) without the prior written
consent of CCI.
This Agreement shall terminate
upon the earlier to occur of (1) the expiration of the Term
or (2) any termination pursuant to 9.2
Either party may, at its option,
terminate this Agreement upon thirty (30) days written
notice to the other party.
Sections 9 through 15 of this
Agreement shall survive termination of this agreement.
10. LIMITATION OF
CONTAINED IN THIS AGREEMENT, IF CCI BREACHES ANY PROVISIONS
OF THIS AGREEMENT, CCI SHALL IN NO EVENT BE LIABLE FOR MORE
THAN THE AMOUNT OF FEES RECEIVED BY CCI IN CONNECTION WITH
THE SPECIFIC OFFERING OF CCI SERVICES UNDER CCI VAP
CONTRACTS INITIATED PURSUANT TO THIS AGREEMENT. IN NO EVENT
SHALL CCI BE LIABLE TO CCI VAP OR ANY CUSTOMER FOR
EXEMPLARY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION,
LOSS OF PROFIT, GOODWILL, TIME, SAVINGS OR REVENUE, OR THE
CLAIMS OF THIRD PARTIES OR CUSTOMERS INCLUDING END USERS,
WHETHER OR NOT THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.
11. CCI VAP
CCI VAP shall indemnify,
defend and hold CCI harmless from any and all losses,
damages, costs or expenses (including, but without
limitation, attorney's fees and costs of litigation) which
arise from or relate to any claim brought by any CCI VAP's
customer or by third party based on CCI VAP marketing, use,
sales or development activities with respect to the CCI
Services, CCI VAP Contracts or CCI VAP Services.
12. GOVERNING LAW AND
THIS AGREEMENT WILL BE GOVERNED
BY THE LAWS OF THE STATE OF CALIFORNIA
Any controversy or claim arising
out of or relating to this, or the breach of this Agreement
or any rights granted hereunder, shall, at the sole option
and upon the election of CCI, be settled by binding
arbitration in accordance with the Commercial Arbitration
Rules of the American Arbitration Association, and the award
rendered by the arbitrator shall be the binding and final
resolution of such controversy or claim. Any such
arbitration shall be held in Orange County, California, USA
and shall be conducted by one mutually acceptable arbitrator
who is an attorney experienced in the subject matter of this
agreement, including intellectual property and commercial
law matters. In all arbitration proceedings, the arbitrator
shall decide the questions in dispute in accordance with the
laws of California, and the parties specifically disclaim
international law for such arbitration. This requirement is
not merely directory, but constitutes a limitation upon the
power of the arbitrator. Both CCI and CCI VAP agree to
cooperate fully with the arbitrator and to provide all
necessary documentation and information necessary to render
a decision. The prevailing party shall be entitled to
reimbursement of its costs, including reasonable attorney's
fees, as determined by the arbitrators.
13. ENTIRE AGREEMENT
This Agreement constitutes
the entire agreement between parties and supersedes all
prior understandings and agreements concerning the Services
and shall not be modified or altered except by written
instrument duly executed by the parties. Should any
provision of this Agreement be held by a court of law to be
illegal, invalid, or unenforceable, the legality, validity,
and enforceability of the remaining provisions of this
Agreement shall not be affected or impaired thereby.