Software Distribution Agreement PDF Print E-mail

This Software Distribution Agreement contains the terms and conditions that apply to an individual's or entity's participation in the Skip2PBX Partner Program (the "Program"). As used in this Agreement, "we" means Skip2PBX, and " Partner" means the applicant. You must agree to these provisions to be accepted as a Partner.

1.  Enrollment in the Program

To begin the enrollment process, Partner must submit the above form for review to our web site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. If we reject your application, you are welcome to reapply to the Program at any time.  By submitting the application, Partner confirms that Partner agrees with these provisions.

2. Improper Business Practices

We reserve the right to terminate a Partner account at any time with immediate effect if it's found that Partner is exercising any of the Improper Business Practices.  Improper activities include, but are not limited to: 

  • Linking to Skip2PBX.Com from sites that contain sexually explicit or any indecent, obscene or clearly offensive material, promote any illegal activity or promote violence 
  • Providing customers with insufficient or misleading information about business, products, trademarks or copyrights
  • Any other method of promotion which, in our judgment, is likely to bring Skip2PBX.Com into disrepute 

In addition, the Partner shall not, in the opinion of Skip2PBX, establish a business practice whereby the Partner targets customers based on the use of Skip2PBX Trade Names or Product Names. Such business practice would include but not be limited to the purchase of search positions based on Skip2PBX Trade Names and Product Names, the creation of web pages that confuse the customer into making the assumption the Partner's web page is in fact Skip2PBX, and the creation of marketing material using Skip2PBX Trade Names. 

3. Order Processing

Orders may be placed via PayPal or with a Bank wire Transfer. Partner that are repeatedly late in payment of invoices will have their ordering privileges revoked.  Skip2PBX will be responsible for all aspects of product fulfillment. Product will be shipped upon receipt of order.  Skip2PBX e-mails a Serial Number to unlock the licensed software. The Serial Number will be e-mailed to Partner who will be responsible for forwarding it to the Customer. 

4. Pricing

The discounted cost of our products to Partner is based on the volume of sales you generate.  The current pricing discount begins at 20% and increases based on sales and performance. We reserve the right to adjust our prices, although we will not do so without giving prior notice.  No invoice, receipt or pricing information on orders Partner places will be communicated to the third party for whom you are ordering the products. 

5. Invoicing

We will invoice Partner for any orders placed via a Purchase Order.  Partner must remit full payment to Skip2PBX in EURO by PayPal or bank wire transfer prior to receiving the Serial Number.

6. Policies and Pricing  

Customers who buy products through this Partner Program will be deemed to be customers of Skip2PBX, Accordingly, all Skip2PBX rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. Product prices may vary from time to time. You must collect and pay any applicable sales or use tax to the taxing authority on all sales. 

7. Terms of the Agreements

The terms of this Agreement will begin upon our acceptance of Partner application and will end when terminated by either party. Either Partner or Skip2PBX may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. 

8. Relationship of Parties

Partner and Skip2PBX are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Partners will have no authority to make any representations on our behalf without written authorization from Skip2PBX. Partner may not make any statement that reasonably contradicts anything in this Section. 

9. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. 

10. Distribution  

As a reseller you may redistribute the Skip2PBX Licensed Software to any other country to which computer software can legally be exported.

11. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, or any implied warranties arising out of a course of performance, dealing, or trade usage), except those specifically provided in the End User License Agreement. 

12. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMERS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

13. Miscellaneous

The laws of Italy govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Perugia (ITALY), and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.