This non-exclusive Symantec Education Reseller Authorization ("Reseller Authorization") is made between you ("Reseller") and Symantec Corporation located at 350 Ellis Street, Mt. View, CA 94043("Symantec"). Symantec and Reseller are each individually referred to herein as a "Party" and collectively as the "Parties." This Agreement shall become effective on the date set forth in your welcome approval letter.
Reseller is applying for authorization to resell Symantec Education Software products and services ("Symantec Education Products") and certifies that it will comply with the following conditions:
1. Reseller agrees to only sell Symantec Education Products within the defined territory. Symantec defines the territory as the fifty United States of America and its territories, Canada and Latin America.
2. All transactions must be conducted between Reseller and the End-User and Reseller must require each end user (other than an educational institution or district acquiring the Symantec Education Products for its own internal use or for the use of its students, faculty or staff) to provide identification of status as a student, faculty or staff member of one of the Educational entities defined below. Reseller will obtain such identification of status as a condition of purchasing the Symantec Education Products and Reseller will not sell more than one unit of any single Symantec Education Product title to such individual end user. An institution's purchase order or an individual's current school, college or university identification card shall be considered valid school identification.
3. Reseller may not engage in (a) rental of any of the Symantec Education Products; (b) appointment of sub-dealers; or (c) distribution of the Symantec Education Products to anyone except end users properly identified as students, faculty or staff of the Educational entities or the Educational entities themselves, as defined below.
4. Upon request by Symantec, Reseller will promptly provide to Symantec within thirty (30) days after the end of each month during the term of this Agreement (i) copies of the identification required above for sales made during the preceding month. Reseller will provide a report in written form, as requested by Symantec, identifying all sales of Symantec Education Products during such month by Product.
5. Reseller agrees to resell Symantec Education Products subject to the end user license agreement that accompanies each Symantec Education Product to approved Educational entities only, defined as follows:
a.
A public or private junior college, university, scientific or technical institution accredited by associations recognized by the U.S. Department of Education, including the district, regional and State Administrative offices;
b.
A public elementary, secondary, vocational and/or correspondence school accredited by the State Board of Education, including the district, regional and State Administrative offices;
c.
A private elementary, secondary, vocational and/or correspondence school accredited by a national, regional or state agency, including the administrative offices;
d.
A preschool meeting all of the following criteria: is an early childhood program that serves a minimum of ten children ages two through five; has been in operation for at least one year; uses public or private, profit or non-profit facilities; is state licensed, regulated or accredited; and provides educational and/or childcare services;
e.
Hospitals that are wholly owned and operated by a qualified academic institution as described above;
f.
Libraries that are wholly owned and operated by a qualified academic institution as described above; or
g.
Museums meeting all of the following criteria: are a public or private non-profit agency or institution organized on a permanent basis for essentially education or aesthetic purposes; utilizes a professional staff; owns or utilizes tangible objects, cares for them and exhibits them to the public on a regular basis.
6. Reseller agrees to retain reasonable records, and agrees to make such records available for audit upon reasonable notice by Symantec pertaining the resell of the Symantec Education Products.
7. Proprietary Rights. Symantec retains ownership of all intellectual property rights in the Symantec Education Products. The Symantec Education Products are licensed directly by Symantec to end users subject to the license agreement accompanying each Symantec Education Product. Reseller will not take any action or make any representation or warranty that is inconsistent with the end user license or this Agreement. Reseller will report any violations of the end user license and any claims of Symantec Education Product defects that come to its attention. Reseller will not remove, alter or obscure any copyright or other proprietary rights notices contained on the Symantec Education Products and will comply with Symantec's periodic requests concerning the application of such notices to other materials, such as advertising and promotional materials. Reseller will not apply any other trademarks, logos or notices to the Symantec Education Products.
8. Symantec may terminate this Authorization immediately in the event that Reseller breaches any of the terms herein. Either party may terminate this Authorization for any reason or no reason upon thirty(30) days written notice to the other party.
March 31, 2011, version 1.
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