Mcafee partner

Each Party acknowledges that the disclosure of Confidential Information in a manner not authorized by this Agreement may cause irreparable damage that cannot be fully remedied by monetary damages. Each Party agrees that the other Party may specifically enforce this Agreement and may seek such injunctive or other equitable relief as may be necessary or appropriate to prevent such unauthorized disclosure.

Any such relief will be in addition to and not in lieu of monetary damages. This Agreement may be amended only by a written agreement executed by each of the Parties hereto. No amendment of or waiver of, or modification of any obligation under this Agreement will be enforceable unless set forth in a writing signed by the Party against which enforcement is sought.

Any amendment effected in accordance with this Section will be binding upon all Parties hereto and each of their respective successors and assigns. If any provision of this Agreement is deemed unenforceable or illegal, such invalidity shall not be deemed to affect any other provision hereof or the validity of the remainder of this Agreement, and such invalid provision shall be deemed deleted herefrom to the minimum extent necessary to cure such violation.

Entire Agreement. This Agreement constitutes the complete and exclusive statement of the terms and conditions between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral or written agreements regarding this subject matter.

This Agreement may be executed in multiple counterparts including facsimile copies,. If the Receiver is nonetheless legally compelled to disclose Confidential Information of the Discloser pursuant to such process, the Receiver may disclose only that portion of Confidential Information of the Discloser which the Receiver is legally required to be disclosed. If you do not agree to the terms of this Agreement, do not order or resell McAfee products and do not participate in McAfee programs for reseller partners.

In the event that Company and McAfee have already entered into a mutually executed and negotiated agreement that allows you to resell McAfee Product s and be eligible to participate in McAfee programs for reseller partners, then the terms and conditions of such agreement supersede and replace this Agreement for the subject matter set forth herein. Your employees and agents that use the Partner Portal on your behalf must do so in accordance with this Agreement and the applicable Partner Portal website terms and conditions.

By accepting this Agreement either by clicking a box indicating Your acceptance or otherwise electronically indicating acceptance, You agree to the terms of this Agreement.

If You are entering into this Agreement on behalf of a company or other legal entity, You represent that You have the authority to bind such entity to this Agreement. If You elect to participate in any of Our Specialization Programs, You must first execute an applicable specialization schedule s which We will provide to You which sets out additional terms for each Specialization Program. Each executed specialization schedule is incorporated into, and subject to, this Agreement.

For avoidance of doubt, this Agreement pertains to Your participation in the Program and is not a sale, purchase, or distribution agreement with Us. Capitalized terms used in this Agreement have the meaning ascribed to them as set forth in Exhibit 2.

Complete Agreement. This Agreement, including the exhibits and other documents referenced and incorporated herein, is the entire agreement between the Parties with respect to the subject matter contained herein, and supersedes any prior and contemporaneous oral or written communications between them. The provisions of this Agreement control over any course of performance, course of dealing, or usage of the trade inconsistent with any of the provisions of this Agreement.

This Agreement may only be modified by a written document executed by the Parties. We may offer You the right to participate in additional Specialization Programs, which may require You to accept additional terms.

This Agreement is non-exclusive. You are free to resell other non-McAfee Enterprise, third-party goods, or services. We may: a contract with other resellers to resell Our Products, b advertise, promote, market and make direct sales of Our Products to End Users and other customers, and c provide services that may compete with Your offerings. No rights are granted under this Agreement for You to stock the Products. Your Affiliates are not automatically included in the Program.

Each Affiliate must separately enroll in the Program and accept this Agreement, unless You, as the parent entity, guarantee in writing to Us per a separate agreement We will provide to You the performance of Your Affiliate's compliance with this Agreement. For resale to the U. All terms and conditions of this Agreement will apply if We grant such an exception. You agree to submit purchase orders to Your Authorized Distributor within ten 10 Days after receipt of a purchase order from the End User.

If We elect, in Our sole discretion, to make certain discounts, rebates or other promotional incentives available to an End User, You will reasonably provide those discounts, rebates and other promotional incentives to the End User, without prejudice to Your right to apply a higher discount or lower price.

No terms in this Agreement or the Program should be construed to restrict Your right to set Your resale prices in Your discretion. You will not remove or obscure any Product labels or markings on the Products.

If You handle any Products or prepare Products for shipment to End Users, You will comply with all applicable laws related to Product labeling. If We agree that You may resell to a downstream reseller as may be permitted per this Section 4. We reserve the right, in Our sole discretion, and without liability to You, to make changes to the Products at any time, including adding new Products, changing the prices for the Products, modifying the Products, changing the level of Support, and discontinuing the availability of any Product.

We retain the right to discontinue the resale of any of the Products and will provide thirty 30 Days prior notice of such Product discontinuance s.

Products changes will be reflected in the periodic revisions to Our Price Book s that We make available to You; We will use reasonable efforts to provide thirty 30 Days' notice before the effective date of Price Book changes. McAfee Enterprise reserves all rights in the Products that are not expressly authorized for Your resale. Example: If You purchase a three-year term license for a Product, You must resell that Product license as a single three-year term license; similarly, any perpetual license for a Product must be resold as perpetual license.

You must provide an unmodified copy of, or link to, the applicable End User Agreement s with any Products You resell to an End User, and undertake commercially reasonable efforts to ensure that the End User accepts the End User Agreement either through the click-accept process for downloading the Product or by signing an agreement with You that incorporates the terms of the End User Agreement s.

Professional Services are governed by the Professional Service Terms. You will not modify or alter and will pass through and require End Users to agree to those terms. As a part of this activation process, the End User will be required to click-accept the applicable End User Agreement s.

You shall not modify or alter the End User Agreement s in any manner, or restrict the End User from accepting such End User Agreement s as part of the activation process.

McAfee Enterprise grants to You a non-exclusive, non-transferable limited license without the right to sublicense , for the Term, to use, reproduce and distribute the Documentation in accordance with this Agreement and Our Trademark Guidelines and Logo Usage Guidelines, solely in connection with Your activities to market, promote and sell the Products in accordance with this Agreement.

You cannot modify the Documentation in any way. Nothing in Section 6 prevents either Party from making general statements to confirm the existence of the business relationship between the Parties created under this Agreement. Otherwise, any official public relations and formal press releases concerning this Agreement and the relationship between the Parties, or any business activities undertaken by the Parties pursuant to this Agreement shall be mutually agreed upon by the Parties in advance of any public announcement.

Your use of the NFR Products is subject to the terms and conditions of the applicable Products terms and conditions. You must renew Hardware Support annually to maintain eligibility of the Hardware for future Support.

Misuse of NFR Products is a material breach of this Agreement and may result in suspension or termination of Your appointment as a Channel Partner and participation in the Program. Confidential Information does not include any information that:.

As monetary damages may not be sufficient relief if anyone violates or threatens to violate the terms of this section, McAfee Enterprise is immediately entitled to enforce its rights by specific performance or injunction proceedings, in addition to any other rights or remedies it may have. However, any information related to the following entities will not be considered End User Information: any current users of any Products, or any person or entity then being solicited by McAfee Enterprise or any of McAfee Enterprise's Distributors, dealers, agents, or other Representatives.

Notwithstanding the above, sharing of End User Information will not restrict McAfee Enterprise's ability to pursue any arrangements with a prospective End User customer. At the end of this retention period, You will appropriately dispose of all records, except as may be required by law. A Review will:.

You must cure the identified deficiencies assuming they can be cured within thirty 30 Days of such notice, unless We agree in writing to a longer period of time for You to cure the deficiencies. We retain the right to terminate this Agreement or modify Your status level as a Channel Partner in the Program if You fail to achieve or maintain the Program Requirements.

Channel Partner status levels are delineated in the Program Guidelines. If You do not agree with the terms of the Program Requirements, You may end Your enrollment in the Program at any time by providing Us with thirty 30 Days' prior written notice.

You are responsible for regularly checking the Partner Portal for Program changes. Your continuing participation in the Program shall be Your agreement to such changes. You grant Us permission to use Your Contact Information for the purposes of conducting the Program, in accordance with applicable laws. We retain the right to remove Your firm's name from Our database if You fail to provide Us with Your current contact information.

You acknowledge that Your provisioning of accurate and timely POS information is required for order processing, validating End User entitlements to the Products, calculating any Program incentives, and for other business purposes, subject to applicable law. For avoidance of doubt, Your ongoing provisioning of accurate and timely POS is a material requirement of this Agreement.

We may suspend or terminate Your access to the Partner Portal if We reasonably believe You violated or will violate this Agreement, or as needed to ensure the security or integrity of the Partner Portal.

You will be solely responsible for any of Your terminated personnel gaining unauthorized access to McAfee Enterprise's systems or to any of Your data as a result of Your deactivation of such person's user profile.

You acknowledge and agree that the Products and all ideas, methods, algorithms, formulae, processes, and concepts used in developing or incorporated into it, all future updates and upgrades, and all other improvements, revisions, corrections, bug-fixes, hotfixes, patches, modifications, enhancements, releases, DATs, signature sets, upgrades, and policy and database updates and other updates in, of, or to the Products, all derivative works based upon any of the foregoing, and all copies of the foregoing are trade secrets and proprietary property of McAfee Enterprise, having great commercial value to Us.

You may not, and may not cause or allow any End User or third party to:. A Party's performance of its surviving obligations under this Agreement after termination will not extend this Agreement. The following Sections shall survive the expiration or termination of this Agreement, together with any other term that is by its nature intended to survive termination of this Agreement: Section 8 Confidentiality , 9 Business Records , 12 Intellectual Property , 13 Term and Termination , 14 Privacy , 15 Indemnification , 16 Product Warranties , 17 Limitation of Liability , 19 Export Compliance , 21 General Term , and Exhibit 2 Definitions.

This includes, without limitation, compiling statistical and performance information and making such information publicly available. We retain all rights in Threat Data and aggregated and anonymous data. Unless We instruct You otherwise, You will conduct the defense of any claim and any related settlement negotiations, and You must not make any settlement that involves a remedy relating to admission of liability by, injunctive relief against, or other affirmative obligations by McAfee Enterprise, or which is otherwise detrimental to McAfee Enterprise's interests, without Our written consent.

Disclaimer: Unless required by applicable laws, McAfee Enterprise gives no other express warranties, representations or conditions. To the maximum extent permitted under applicable law, McAfee Enterprise excludes all implied warranties and conditions, such as implied warranties of merchantability, non-infringement and fitness for a particular purpose.

This limitation shall apply to all causes of action in the aggregate. Subject to Section If, in Our opinion, that change increases Our compliance risks related to this Agreement, the Parties will work together to reach an acceptable solution. If no acceptable solution can be found, the change will constitute grounds for either Party to terminate this Agreement without cause.

Department of Commerce or any other applicable governmental entity that may have jurisdiction over export or transmission. Government by regulation or specific license. You also acknowledge and agree that any Products containing encryption may be subject to import or use restrictions in other countries. The Parties are independent contractors for all purposes under this Agreement. Your firm and McAfee Enterprise do not have any agency, franchise, or fiduciary relationship.

You may not sublicense, assign, or transfer this Agreement or Your rights or delegate Your obligations under this Agreement by operation of law or otherwise without Our prior written consent. McAfee Enterprise's rights and obligations, in whole or in part, under this Agreement, may be assigned or delegated by McAfee Enterprise to any of Our Affiliates or in connection with a merger, reorganization, consolidation or sale of all or a portion of Our business, without prior written notice to You.

If a court holds that any provision of this Agreement is invalid or unenforceable under applicable law, the court will modify the provision to the minimum extent necessary to make it valid and enforceable or, if it cannot be made valid and enforceable, the court will sever and delete the provision from this Agreement. The change will affect neither the validity of the amended provision nor the validity of any other provision of this Agreement, which will continue in full force and effect.

A Party's failure or delay in enforcing any provision of this Agreement will not operate as a waiver of the right to enforce that provision or any other provision of this Agreement at any time.

A waiver of any provision of this Agreement must be in writing, specify the provision to be waived and signed by the Party agreeing to the waiver. Neither Party is liable for delays or failures to perform any of its obligations under this Agreement to the extent caused by a Force Majeure Event. Country: Argentina City: Buenos Aires. With work grounded in a business outcome methodology, ACT Country: United States City: Jacksonville.

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