1. Purpose
The purpose of this Agreement is to establish a framework for a mutually beneficial partnership whereby the Partner will act as a channel/reseller/value-added reseller (VAR) for the products and services of Pinakastra Computing Private Limited (or) being a technology partner, which provides/receives technology to/from Pinakastra.
2. Definitions
Managed Services: Services that include the management and support of IT infrastructure and/or end-user systems.
Cloud Builder: Services focused on building and deploying cloud infrastructure and solutions.
Professional Services: Consulting and advisory services that support the implementation and optimization of IT solutions.
Solution Builder: Custom-built solutions tailored to specific client needs.
Solution Reseller: Resale of pre-packaged solutions provided by Pinakastra Computing Private Limited.
Independent Software Vendors (ISVs): Providers of software products that can be resold or integrated into larger solutions.
Independent Hardware Vendors (IHVs): Providers of hardware products that can be resold or integrated into larger solutions.
Original Equipment Manufacturer (OEM): Companies that manufacture products which are marketed and sold under another company's brand.
Datacenter & Colocation: Services involving the provision and management of datacenter space and resources.
3. Scope of Partnership
The Partner agrees to market, promote, and sell Pinakastra Computing Private Limited’s products and services in accordance with the terms set forth in this Agreement.
4. Duties and Responsibilities
Partner:
Market, promote, and sell Pinakastra Computing Private Limited’s products and services to prospective clients.
Comply with all marketing and branding guidelines provided by Pinakastra Computing Private Limited.
Maintain accurate records of all sales and provide periodic reports to Pinakastra Computing Private Limited as requested.
Pinakastra Computing Private Limited:
Provide the Partner with access to necessary marketing materials, training, and technical support.
Supply the products and services as per the terms agreed upon.
Provide competitive pricing and terms to support the Partner’s sales efforts.
Ensure timely delivery of products and services.
5. Confidentiality
Both parties agree to maintain the confidentiality of any proprietary information shared during the term of this Agreement. Confidential information shall not be disclosed to any third party without prior written consent from the other party.
6. Intellectual Property
Pinakastra Computing Private Limited retains all rights, title, and interest in its intellectual property, including but not limited to trademarks, trade names, logos, and copyrighted materials. The Partner is granted a non-exclusive, non-transferable license to use Pinakastra Computing Private Limited’s intellectual property solely for the purpose of fulfilling its obligations under this Agreement.
7. Term and Termination
This Agreement shall commence on the effective date and continue for a period of one year, renewable annually unless terminated earlier by either party with 30 days written notice. Either party may terminate this Agreement immediately for cause if the other party breaches any material term of this Agreement and fails to remedy the breach within 15 days of receiving notice of the breach.
8. Indemnification
Each party agrees to indemnify, defend, and hold harmless the other party from and against any and all claims, liabilities, losses, damages, and expenses arising out of or related to the breach of this Agreement by the indemnifying party.
9. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Bangalore, India. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Bangalore, India.
7. Logo Usage
Both parties agree to the mutual usage of each other's logos on websites and in print media under the following conditions:
The logos must be used in accordance with the respective party's branding guidelines.
The logos may only be used to promote the partnership and related products/services.
Logos can be mutually used for marketing purposes in web & print media as deemed.
The logos must not be altered, distorted, or used in any misleading manner.
Each party has the right to revoke the logo usage permission at any time with written notice.
10. Miscellaneous
Amendments: Any amendments to this Agreement must be in writing and signed by both parties.
Assignment: Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party.
Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to its subject matter.
IN WITNESS WHEREOF, the parties hereto have executed this Partnership Agreement as of the day and year first above written.
I hereby affirm that all information provided above is accurate to the best of my knowledge and belief, and I understand that this information will be considered material in the evaluation of quotations, bids and proposals.