This Reseller Agreement ("Agreement") is by and between you (the "Reseller") and Mobile Unlock Solutions (" Mobile Unlock Solutions "), Thopae Infotech Solutions, located at No 12, Old NO 7/2 Mahilampoo Salai, Annamalai Nagar, Trichy û 620018, Tamil Nadu, India. This Agreement explains the basis upon which transactions between you, the Reseller, and RemoteReseller.net will take place and our responsibilities toward each other. The Effective Date of this Agreement shall be the date that Reseller completes RemoteReseller.netÆs reseller signup process. By entering into this Agreement, in addition to transactions entered into by Reseller on its own behalf, Reseller also agrees to be bound by the terms of this agreement for transactions entered into on its behalf by anyone acting as its Agent. Reseller also agrees to be bound by the terms of this Agreement for transactions entered into by anyone who uses the account Reseller hereby establishes with RemoteReseller.net, whether or not the transactions were in ResellerÆs behalf. Reseller also agrees to be bound by any applicable agreements, policies, or procedures posted on the RemoteReseller.net web site, as well as any changes that may be made to them. To complete the reseller signup process, Reseller must read this entire Agreement and agree to be bound by all the terms and conditions.
This Agreement as well as any additional RemoteReseller.net policies, together with all modifications thereto, constitute the complete and exclusive agreement between you and RemoteReseller.net concerning your use of RemoteReseller.net Æs Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All RemoteReseller.net policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference. By purchasing RemoteReseller.netÆs Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, including the Universal Terms & Conditions as well as any new, different or additional terms, conditions or policies which RemoteReseller.net may establish from time to time, and any agreements that RemoteReseller.net is currently bound by or will be bound by in the future. Such Agreements may be found here.
Reseller acknowledges that RemoteReseller.netÆs acceptance of this Agreement and any application made by Reseller for services provided by RemoteReseller.net will take place at RemoteReseller.netÆs office located in Trichy, Tamil Nadu, India. Therefore, RemoteReseller.net and Reseller agree as follows:
1. Service Details Subject to the terms and conditions of this Agreement, Mobile Unlock Solutions grants the Reseller a non-exclusive, non-transferable license to resell the Services worldwide. Reseller will be required to offer certain Services for resale, as specified by RemoteReseller.net. ResellerÆs Mobile Unlock Solutions site is non-transferable and cannot be sold separately or in conjunction with the sale of an existing site or business.
2.1. Subject to the terms and conditions of this Agreement, Reseller acknowledges that prices, discount rates and payment processing fees are subject to change from time to time.
2.2. Service Pricing
2.2.1. Mobile Unlock Solutions will provide its services to the Reseller according to the Mobile Unlock Solutions Price Catalog (Catalog). Reseller may set its own prices.
2.3. Annual Licensing Fee
2.3.1. Reseller will be responsible for an annual licensing fee.
2.4. Charging ResellerÆs Customers
2.4.1. Reseller authorizes RemoteReseller.net to charge each of its customers the currency amounts designated by Reseller, up to the price ceilings set by RemoteReseller.net. Setting of prices is done through the RemoteReseller.netÆs site control panel.
2.5. Payment Processing Fees
2.5.1. Reseller will pay the rate of 5% per transaction. Reseller acknowledges that the transaction fee rate is subject to change from time to time.
2.6. Order Processing Fees
2.6.1. Reseller will pay the sum of Rs.12.50 per transaction as order processing fees. Reseller acknowledges that the order processing fee is subject to change from time to time. The order processing fee is non-refundable.
2.7. Money Back Guarantee
2.7.1. If within 5 days of the date you purchase the reseller program, for any reason you want to cancel the reseller account, you are entitled to a refund of the sign-up fee minus the Go-Resellers Web Domain Cancellation charge. If you receive a refund, you will not receive commissions on purchases made on your website. All customers who made a purchase on your site will be transferred a different reseller to manage their products.
2.8. Fraudulent Transactions
2.8.1. Reseller agrees to hold RemoteReseller.net harmless and to indemnify RemoteReseller.net for and against transactions processed by RemoteReseller.net on behalf of Reseller that are fraudulent in nature. These fraudulent transactions could result from, but are not limited to, false claims for working unlock codes, or from the use of stolen or misappropriated credit cards.
3.1. Commission payments for all Resellers will be paid by via Paypal.com into the Reseller's Paypal account. Reseller understands it is ResellerÆs responsibility to provide a valid Paypal email address and related deposit information by signing into the RemoteReseller.net Reseller Control Panel. Failure to provide a valid Paypal Account will cause ResellerÆs commission payments to be withheld pending receipt by RemoteReseller.net of proper Paypal deposit instructions. Reseller can find the instructions on how to set up a Paypal Account at any time by clicking on the "Payments" link from ResellerÆs home page on the Mobile Unlock Solutions Reseller Control Panel.
3.2. Resellers can make a request to get paid anytime by clicking on the "Payments" link from ResellerÆs home page on the Mobile Unlock Solutions Reseller Control Panel. Resellers can only request a payment to be made if they have an available balance of more than USD $10.00. Resellers earning will be updated in the Reseller's available balance after 70 days from the date of earning.
3.3. Charge Backs & Unauthorized Claims
3.3.1. In the event of a credit card charge back or a Paypal unauthorized claim by any of the Reseller's customers or the Reseller itself, RemoteReseller.net will deduct the amount of the credit card/Unauthorized claim charge from ResellerÆs earning balance and available balance.
4. Refund Policy Reseller and ResellerÆs customers are not entitled to any refunds of Service transactions.
5. Term This Agreement is in effect for one (1) year from the Effective Date of this contract and will automatically renew for one (1) year increments. Reseller agrees that RemoteReseller.net may modify this agreement from time to time. Reseller agrees to be bound by any changes RemoteReseller.net may reasonably make to this agreement when such changes become effective. Should Reseller elect to cancel ResellerÆs agreement with RemoteReseller.net, Reseller will not receive a refund for any fees Reseller may have paid to RemoteReseller.net. Upon termination, all customers will default to MobileUnlockSolutions.com.
6. Termination Either party may terminate this Agreement for a material breach of contract by the other party that has not been cured within 10 days. Either party must notify the other of such material breach in writing. Or, either party may terminate this Agreement with 30 days written notice. Upon termination, all customers will default to MobileUnlockSolutions.com.
7. Restriction of Service; Right of Refusal Reseller agrees that RemoteReseller.net, in its sole discretion and without liability to Reseller, may terminate this Agreement for if Reseller is found to be using RemoteReseller.net Services in association with unsolicited commercial email ("spam") or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the India and/or foreign territories in which Reseller conducts business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event RemoteReseller.net terminates this Agreement for spam or morally objectionable activities, no refund will be issued.
8. Export Restrictions Title to products and services herein being purchased is retained by RemoteReseller.net until goods are paid for by Reseller and at the time title passes to Reseller. Reseller agrees that Reseller is prohibited by law from exporting to certain countries, and shall comply with all export regulations if shipping to another country, including licensing requirements.
9. Sub Resellers Reseller is responsible for the acts and omissions of ResellerÆs sub resellers. If Reseller provides training and/or technical support to ResellerÆs sub resellers, it must be reasonable. RemoteReseller.net is not responsible for providing technical support to ResellerÆs sub resellers or ResellerÆs customers.
10. Customer Agreements Reseller is required to ensure that ResellerÆs customers agree to comply with the standard agreement for each product or service they purchase from Reseller.
11. Customer Notices if there are any recalls or retrofits of products, Reseller will assist RemoteReseller.net in notifying ResellerÆs customers.
12. Unauthorized Use Upon the discovery of any unauthorized use or copying of RemoteReseller.net products or services, Reseller will immediately notify RemoteReseller.net. If Reseller is at fault in any way, Reseller may be held responsible for the cost of the legal proceedings.
13. Terms of Confidentiality Reseller agree that Reseller will exercise a reasonable level of care and discretion to prevent and restrain the use, disclosure, or reproduction of RemoteReseller.netÆs Confidential Information. "Confidential Information" means nonpublic information that RemoteReseller.net designates as being confidential or which, under the circumstances surrounding disclosure, ought to be treated as confidential by Reseller. Confidential Information includes, but is not limited to, information in tangible or intangible form relating to and/or including released or unreleased products, the marketing or promotion of any of RemoteReseller.netÆs products, RemoteReseller.netÆs business policies or practices, and information received from others that RemoteReseller.net is obligated to treat as confidential. Confidential Information does not include any information, however designated, that: is or subsequently becomes publicly available without ResellerÆs breach of any obligation under this Agreement; became known to Reseller prior to disclosure under this Agreement; became known to Reseller from a source other than RemoteReseller.net other than by the breach of an obligation of confidentiality owed to Reseller; or is independently developed by Reseller. This obligation shall last three (3) years after the termination of your reseller account with RemoteReseller.net Domains.
14. Conflicts of Interest Reseller agrees that Reseller will disclose to RemoteReseller.net any conflicts of interest or potential conflicts of interest Reseller may have in a timely manner.
15. Ethical Standards Bribing or offering gifts in exchange for purchases by customers is prohibited and will result in termination of your account.
17. Branding RemoteReseller.net authorizes Reseller to brand the services by using ResellerÆs name and logo.
18. By becoming a Reseller, the Reseller agrees to have read and agreed with the Go-Resellers Web Domain Registration Agreement, TuckTail Web Renewal Policy, TuckTail Web Transfer Agreement, TuckTail Web Domain Transfer Validation Service Agreement, TuckTail Web Change of Registrant Agreement. Reseller agrees that RemoteReseller.net will manage the Reseller's Domain Name. Domain name ordered by the Reseller at the time of placing the order is subject to availability at the time of Domain Registration.
19. By becoming a Reseller, The Resellers agrees to have read and agreed with the RemoteReseller.net's Ad Supported Hosting Agreement. Reseller agrees that RemoteReseller.net will manage the Reseller's hosting free of cost.
20. Technical Support RemoteReseller.net will provide technical support to reseller.
21.1. Reseller agrees that all notices (except for notices concerning breach of this Agreement) from RemoteReseller.net to Reseller may be posted on our web site and will be deemed delivered within fifteen (15) days after posting. Notices concerning breach will be sent either to the email address Reseller has on file with RemoteReseller.net or mailed first class postage to the postal address Reseller has on file with RemoteReseller.net. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices from Reseller to RemoteReseller.net shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
Mobile Unlock Solutions
Thopae Infotech Solutions
No 12, Old No 7/2 Mahilampoo Salai
Trichy - 620018
21.2. Delivery shall be deemed to have been made by Reseller to RemoteReseller.net five (5) days after the date sent.
22. No Solicitation Reseller agrees that it will NOT approach RemoteReseller.netÆs employees with proposals to hire them as its own employees or contractors. If Reseller were to hire any of RemoteReseller.netÆs employees, Reseller agrees to pay RemoteReseller.net for each employee hired the greater amount of three years salary for that employee as Reseller is to pay such employee, or Rs.20,00,000.00.
23. Representation and Warranties
23.1. Reseller warrants that all information provided by Reseller as part of the registration process is complete and accurate. Reseller also warrants that each registration Reseller makes is being done so in good faith and that Reseller has no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third partyÆs registration, trademark or trade name.
24. Modification This Agreement and its Attachments are subject to change. Reseller will be notified of such changes as they occur via the email contact supplied during the reseller signup process, which may be modified using the ResellerÆs site administration tool.
25. Assignment Reseller may not assign its rights or duties under this Agreement to another without the express written consent of RemoteReseller.net, which will not be unreasonably withheld. RemoteReseller.net may assign its rights and obligations under this Agreement without notice so long as the Service continues to operate as outlined in this Agreement.
26. Intellectual Property
26.1. Reseller agrees that RemoteReseller.net and its parent and affiliate companies own all proprietary rights, including but not limited to copyrights, patents and trade secrets, trademarks, and service marks, in and to the Advanced Programming Interface ("API") and that this Agreement does not transfer ownership of any of these rights. RemoteReseller.net expressly reserves its rights in and to all such content and materials. RemoteReseller.net shall own all proprietary rights in any modifications to the API, whether created by RemoteReseller.net, Reseller, users, or a third party. Reseller hereby assigns to RemoteReseller.net all proprietary rights, including copyright, patent and trade secret rights, to any modifications created by Reseller. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license, except the limited license provided below in this section, is granted to Reseller or conferred upon Reseller by this Agreement or otherwise. Reseller will not use any of RemoteReseller.net 's trademarks or other intellectual property unless specifically authorized by RemoteReseller.net, nor will Reseller register any trademark that is substantially similar to one owned by RemoteReseller.net . Reseller shall not use any of RemoteReseller.net or its affiliates' intellectual property in its advertising except as specifically authorized by RemoteReseller.net. Reseller agrees not to use RemoteReseller.net or its affiliates' trademarks, including its web site URLs, as keyword terms in any online advertising agreements.
26.2. Reseller will use all computer programs, documentation and information consisting of or containing proprietary information related to the API solely for the purpose of performing under this Agreement. Reseller will not decompile, disassemble or otherwise reverse engineer the API or cause others to do so. Reseller will not modify or cause others to modify the API, without the prior written consent of RemoteReseller.net. Except as otherwise explicitly agreed in writing, RemoteReseller.net -owned content described in this document may be downloaded, displayed, reformatted and printed for Reseller's personal, non-commercial use only. Reseller agrees to prevent any unauthorized copying of the API. Content owned by RemoteReseller.net advertisers, suppliers or licensors may be subject to additional restrictions. Reseller agrees to use the API and this document only within the scope of their intended business purposes.
26.3. All rights not expressly granted by RemoteReseller.net to Reseller are reserved by RemoteReseller.net. RemoteReseller.net may audit the use of its Marks and copyrights to determine compliance with this section, and RemoteReseller.net reserves the sole discretion to restrict Reseller's use of its Marks and copyrights. Reseller shall obtain the written permission of RemoteReseller.net before using the Marks and copyrights for any purpose other than as explicitly provided in this section or in the Reseller's Control Panel.