PROGRAM AGREEMENT
Ingram Micro IM Link Program for Professional Services - Customers
This AGREEMENT for IM LINK PROGRAM SERVICES is made between:
Ingram Micro India Private Limited a company incorporated under the Companies Act, 1956 and having its registered office at 5th Floor, A Wing , Empire Plaza, LBS Road, Gandhinagar, Vikhroli West, Mumbai – 400 079 (hereinafter referred to as “Ingram Micro” which expression shall, unless repugnant to the context or meaning thereof, include subsidiaries and associate companies of Ingram Micro, its successors and permitted assigns); and
A registered Partner of Ingram Micro who wants to be a part of the IM Link Program Services, a Company duly incorporated under the Companies Act, 1956/2013 (hereinafter referred to as “Customer” which expression shall, unless repugnant to the context or meaning thereof, include subsidiaries and associate companies of Customer, its successors and permitted assigns).
Ingram Micro and Customer are sometimes hereinafter individually referred to as a “Party” and collectively as “the Parties”.
RECITALS
THE PARTIES AGREE AS FOLLOWS:
Customer is declared bankrupt or insolvent or voluntarily institutes a bankruptcy proceeding;
Customer makes, or attempts to make, an unauthorized transfer or assignment of this Agreement;
Customer has defaulted in its obligations under this Agreement or any other agreement with Ingram Micro, provided that written notice of such default has been given to Customer and Customer fails to cure such defaults within thirty (30) days after delivery of such notice;
Customer is convicted of a felony, a crime involving moral turpitude, or any crime or offense that is reasonably likely, in the sole opinion of Ingram Micro, to materially and unfavorably affect the goodwill or reputation of Ingram Micro and/or the IM Link Program;
Customer’s participation in the IM Link Program is not in the best interests of the IM Link Program; or
It is in the best interests of Ingram Micro that the IM Link Program be terminated.
For Company | For Ingram Micro India Private Limited | |
Name: Name | Name: Name | |
Designation: Title | Designation: Title | |
Date: Date | Date: Date |
Please return signed copies of this agreement by email to IMLinkindia@ingrammicro.com or in hardcopy to your Ingram Micro Sales representative.
PROGRAM AGREEMENT
Ingram Micro IM Link Program for Professional Services – Service Providers
Ingram Micro India Private Limited a company incorporated under the Companies Act, 1956 and having its registered office at 5th Floor, A Wing , Empire Plaza, LBS Road, Gandhinagar, Vikhroli West, Mumbai – 400 079 (hereinafter referred to as “Ingram Micro” which expression shall, unless repugnant to the context or meaning thereof, include subsidiaries and associate companies of Ingram Micro, its successors and permitted assigns); and
A registered Partner of Ingram Micro who wants to be a part of the IM Link Program Services, a Company duly incorporated under the Companies Act, 1956/2013 (hereinafter referred to as "Reseller” which expression shall, unless repugnant to the context or meaning thereof, include subsidiaries and associate companies of Customer, its successors and permitted assigns).
Reseller and Ingram Micro are sometimes hereinafter individually referred to as a “Party” and collectively as “the Parties”.
RECITALS
A. Ingram Micro provides various computer products including both hardware and software (“Products”) and services through a network of computer and office Product resellers.
B. Reseller has agreed to Ingram Micro’s standard Sales Terms and Conditions as published on Ingram Micro’s Web site at www.ingrammicro.com and/or may have entered into a Resale Agreement with Ingram Micro (the “Resale Agreement”) whereby Reseller purchases certain computer and office Products for resale. This Agreement is intended to supplement and, to the extent necessary, amend the terms of the Resale Agreement. In the event of a conflict between the terms of the Sales Terms and Conditions and/or the Resale Agreement and the terms of this Agreement, the terms of this Agreement shall prevail.
C. Ingram Micro provides a supplemental program (the “Program”) under the name “IM Link” to make available to resellers certain assistance and services for marketing particular types of computer Products and services or for marketing to a targeted segment of computer end users.
D. Reseller wishes to participate in the IM Link Program and is willing to abide by the requirements of the IM Link Program in accordance with the terms and conditions of this Agreement. Reseller is willing to abide by all other rules and procedures established by Ingram Micro regarding the IM Link Program as stated in the IM Link Operations Manual (“Operations Manual”) as hereinafter defined.
In consideration of the rights and privileges granted under this Agreement, Ingram Micro and Reseller agree as follows:
Ingram Micro Link Program Fees and other important points