Common use of SOURCING AND SELLING Clause in Contracts

SOURCING AND SELLING. A. Business Development Partner may purchase Products or Services for resale purposes only from HP authorized Distributors set forth on the U.S. Distributor Summary Matrix located at ▇▇▇▇://▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇.▇▇▇, or as permitted in any addenda agreed to by HP and Business Development Partner. Business Development Partner may purchase Products or Services for resale purposes directly from HP, provided that Business Development Partner: (i) meets the revenue requirements set forth on the Partnership Website; or (ii) executes an Addendum that sets forth a direct purchase relationship. Business Development Partner may not purchase Products or Services for resale purposes from Other Business Development Partners and/or any unauthorized sources. B. Business Development Partner may resell Products, Services and Support only to Customers. C. Business Development Partner may not resell Products to any division or subsidiary of the Business Development Partner’s corporate parent. D. Business Development Partner may purchase and resell Open and Controlled Products. Business Development Partner may purchase and resell Enterprise Servers and Storage Products only if Business Development Partner has successfully completed any HP designated criteria for purchasing and reselling Enterprise Servers and Storage Products as permitted in any addenda agreed to by HP and Business Development Partner. E. Business Development Partner may resell Products over the internet, provided that Business Development Partner: 1. implements policies supporting Customer satisfaction as a primary concern; 2. provides Customer support including, but not limited to, the following activities: a. maintaining a toll-free support telephone number during regular posted hours of operation; b. providing pre-sales support; c. providing accurate detailed Product specification information on Partnership Website; d. providing front line technical support; and e. posting clear policy/procedures on Partnership Website. 3. sells packaged services for ongoing Customer support (i.e. HP Care Pack services); 4. primarily sells new Products and clearly identifies used or Refurbished Products and state such used or Refurbished Products are not warranted by HP; 5. does not sell Products, Services, or Support via an Auction; 6. acknowledges by accepting the terms and conditions of this Agreement that selling over the internet will be granted for a specific domain name. Business Development Partner is authorized to sell via a URL that matches the Business Development Partner’s HP authorized d/b/a name. New or additional domain names require HP approval prior to Business Development Partner’s posting of HP Products; and 7. complies with the terms and conditions of this subsection 5(D). Business Development Partner’s failure to comply with the terms and conditions of this subsection 5(D) may result in termination of this Agreement or loss of marketing program eligibility or benefits for ninety (90) days. F. If Business Development sells Refurbished Products, Business Development Partner shall: 1. not remove any HP warranty information or labels identifying Refurbished Products as used or refurbished from cartons, packaging, and invoices; 2. market and advertise Refurbished Products only as used or refurbished; and 3. notify Customer prior to purchase if any Refurbished Products being purchased have a limited warranty. G. HP reserves the right to restrict at any time the permissible sources from which Business Development Partner may purchase Products, Services or Support.