VAR Registration | US

THIS AGREEMENT by and between Jibbio.com, hereinafter referred to as "Company", and the name entered in "Business Name" on this registration form, hereinafter referred to as "Value-added Reseller (VAR)".

WHEREAS, Company is engaged in the marketing and sale of and

WHEREAS, Value-added Reseller (VAR) desires to sell Company's services in accordance with the terms and conditions of this Agreement.

NOW, THEREFORE, it is agreed as follows:

1. Company hereby appoints Value-added Reseller (VAR) as an authorized non-exclusive independent representative to sell and promote all services provided by Company to businesses in the following geographical area: Worldwide, hereinafter referred to as "Territory".

2. Value-added Reseller (VAR) shall devote such time, energy and skill as is necessary to sell and promote the sale of Company's services in the Territory during the term of this Agreement.

3. The duration of this agreement is continuous from the effective date.

4. Annual license codes

Company hereby grants to the Value-Added Reseller (VAR) and Value-Added Reseller (VAR) hereby accepts a non-exclusive, non-refundable, non-transferable annual license code to access and use the Company service subject to the terms and conditions of this Agreement.

Value-Added Reseller (VAR) is prohibited from reselling the Company service at a monthly or annual license price no greater than forty (40) percent off the advertised rate on the Company website, Jibbio.com.

Value-Added Reseller (VAR) is prohibited from publicly advertising the Company service at a monthly or annual license price no greater than thirty (30) percent off the advertised rate on the Company website, Jibbio.com

5. Discount codes

Company may provide Value-added Reseller (VAR) with a 20% OFF discount code with unlimited usage.

Discount code offers a twenty percent discount on the regular price of Company monthly subscription plans.

6. Confidentiality

During this Agreement and for one (1) year after its termination, Value-added Reseller (VAR), or any agents or representatives under Value-added Reseller (VAR)'s control, shall not compete with Company, directly or indirectly, for Value-added Reseller (VAR) or on behalf of any other person, firm, partnership, corporation or other entity in the sale or promotion of services the same as or similar to Company's services within the Territory. Under no circumstances and at no time shall Value-added Reseller (VAR) disclose to any person any of the secrets, methods or systems used by Company in its business. All customer lists, brochures, reports, and other such information of any nature made available to Value-added Reseller (VAR) by virtue of Value-added Reseller (VAR)'s association with Company shall be held in strict confidence during the term of this Agreement and after its termination.

7. Acknowledgements

(a) This Agreement shall not create a partnership, joint venture, agency, employer/employee or similar relationship between Company and Value-added Reseller (VAR).
(b) Value-added Reseller (VAR) shall be an independent contractor. Company shall not be required to withhold any amounts for Provincial or Federal income tax from sums becoming due to Value-added Reseller (VAR) under this Agreement. Value-added Reseller (VAR) shall not be considered an employee of Company and shall not be entitled to participate in any plan, arrangement or distribution by Company pertaining to or in connection with any pension, stock, bonus, equity, profit sharing or other benefit extended to Company's employees. Value-added Reseller (VAR) shall be free to utilize his time, energy and skill in such manner as he deems advisable to the extent that he is not otherwise obligated under this Agreement.
(c) Value-added Reseller (VAR) shall bear any and all costs or expenses incurred by Value-added Reseller (VAR) to perform his obligation under this Agreement, including, but not limited to, vehicle insurance, travel expenses, marketing and telephone expenses.
(d) The rights and duties of Value-added Reseller (VAR) under this Agreement are personal and may not be assigned or delegated without prior written consent of Company.
(e) Value-added Reseller (VAR) is not authorized to extend any warranty or guarantee or to make representations or claims with respect to Company's services without express written authorization from Company.
(f) Value-added Reseller (VAR) shall indemnify and hold Company harmless of and from any and all claims or liability arising as a result of negligent, intentional or other acts of Value-added Reseller (VAR) or his agent or representatives.
(g) Company shall indemnify and hold Value-added Reseller (VAR) harmless of and from any and all liability attributable solely to the negligent, intentional or other acts of Company or its employees.

8. Applicable Law

(a) This agreement, and all transactions contemplated hereby, shall be governed by, construed and enforced in accordance with the laws in the Province of Ontario. The Parties herein waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in the City of Toronto, Province of Ontario. In the event that litigation results from or arises out of this Agreement or the performance thereof, the Parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.
(b) This Agreement contains the entire agreement between the parties and any representation, promise or condition not incorporated herein shall not be binding upon either party.