Reseller Agreement
Please read this agreement carefully, as it contains important information regarding your legal rights and remedies.
- OVERVIEW
This Reseller Agreement (this “Agreement”) is made between Samra Host Ltd, a private limited company ("Samra Host") (“Reseller”) and you, and becomes effective as of the date of electronic acceptance. This Agreement outlines the terms and conditions of your participation in Samra Host’s Reseller program(s) (“Reseller Program(s)”) to sell certain Samra Host products and services (the “Services”) to your own clients. This Agreement constitutes the entire understanding between you and Samra Host regarding the subject matter herein.
By electronically accepting this Agreement, you confirm that you have read, understood, acknowledged, and agreed to be bound by this Agreement, along with our Universal Terms Of Service Agreement, which is incorporated by reference, and any other agreements or policies expressly included herein.
The terms “we”, “us” or “our” refer to Samra Host. The terms “you”, “your”, or “Reseller” refer to any individual or entity accepting this Agreement. This Agreement does not confer any third-party rights or benefits.
We reserve the right, at our sole discretion, to modify or change this Agreement, any policies or agreements incorporated herein, and any limitations or restrictions on the Reseller Programs or Services at any time. Such changes or modifications will be effective immediately upon posting on this Site. Continued use of the Reseller Programs after such changes signifies your acceptance of this Agreement and Reseller Program limitations as last revised. If you do not agree with the revised terms, you should cease using the Reseller Program(s). Occasionally, we may notify you of changes to this Agreement via email. Therefore, it is crucial that you keep your account information current. We assume no responsibility for your failure to receive an email notification due to an inaccurate email address.
- DESCRIPTION OF SERVICES
Starter and Business Reseller Packages. The Services available for resale may not encompass all the Services that we offer directly. The Starter Reseller Program permits you to resell cPanel Shared Hosting accounts to your customers with limitations on disk space and bandwidth. The Business Reseller Program allows you to resell cPanel Shared Hosting accounts without such limitations.
- LICENSE
Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable license to resell the Services. The Services you choose to resell are governed by the corresponding Service agreements and the policies found on the Legal page of this Site, available here.
- YOUR OBLIGATIONS; LIMITATIONS; RESTRICTIONS
Prices and Fees. Subject to the terms and conditions of this Agreement, you acknowledge that all prices and fees may be changed from time to time, at our sole discretion.
Money Back Guarantee. If within thirty (30) days of purchasing a Reseller Package, you decide to cancel your Reseller account for any reason, you are entitled to a full refund.
Customer Notices. If there are any revisions, modifications, discontinuations, or other material changes to the Services that require customer notification, you will assist us in informing your customers.
Confidentiality. You agree to exercise a reasonable level of care and discretion to prevent the use, disclosure, or reproduction of our Confidential Information. “Confidential Information” includes, but is not limited to, any customer, order, domain name, Services-specific, or marketing information, or any other non-public information discovered within your Reseller Control Panel. Confidential Information does not include any information that is or subsequently becomes publicly available without your breach of this Agreement, was known to you before disclosure under this Agreement, became known to you from a source other than us and other than by the breach of another confidentiality obligation, or is independently developed by you. This obligation lasts for three (3) years after the termination of your Reseller Package.
No Transfers. Your Reseller account is non-transferable and cannot be sold separately or as part of the sale of an existing site or business.
Termination. If we determine that you have breached any term of this Agreement, we may terminate this Agreement. If you open further reseller accounts with us, they will be cancelled.
Audit Rights. You acknowledge and agree that we may audit your website and request records and documentation to demonstrate your compliance with this Agreement. We reserve the right to suspend or cancel your account for non-compliance with the terms of this Agreement.
- INTELLECTUAL PROPERTY
You will use all computer programs, documentation, and information consisting of or containing proprietary information related to the API solely for the purpose of performing under this Agreement. You will not decompile, disassemble, or otherwise reverse engineer the API or cause others to do so.
You will not use any copyrights, trademarks, service marks, or other intellectual property owned by Samra Host or its parent or affiliate entities unless specifically authorized by us, will not register any trademark that is substantially or confusingly similar to one owned by Samra Host or its parent or affiliate entities, and will not register or maintain any internet domain names containing trademarked terms owned by Samra Host or its parent or affiliate companies (or domain names confusingly similar thereto). You shall not use any of Samra Host’s or its parent’s or affiliates’ intellectual property in your advertising except as specifically authorized by us. You further agree not to use Samra Host’s or its parent’s or affiliates’ trademarks, including our website URLs, as keyword terms in any online advertising campaigns.
No license or right under any copyright, patent, trademark, service mark or other proprietary right or license, except the limited trademark license provided below to Starter and Business Resellers, is granted to you or conferred upon you by this Agreement.
- PROVISIONS SPECIFIC TO STARTER/BUSINESS RESELLER PACKAGES
Definitions:
Hosting. Your Starter or Business Reseller site and your clients’ sites will be hosted by us and will be subject to the terms and conditions of our Hosting Agreement.
Customer Support. By default, we will provide 24/7 ticketing and email customer support services to you directly. Your customers will have to contact you for support.
Social Media. You may be given the ability to link to your social media pages from your Reseller site. You acknowledge and agree that you own, or have the right to link to, the social media pages you link to from your Reseller Site. If you use a Google button, you further acknowledge and agree to be bound by the Google Buttons Policy.
Custom Domains. Your Reseller Package includes a custom domain name feature, allowing you to link your Reseller site to a domain name registered by you.
Legal Agreements, Policies. Your Reseller site will display a Uniform Term of Service Agreement, Service-level customer agreements, Privacy Policy, and other legal agreements and policies, some of which your customer will be required to agree to before completing a purchase transaction. You agree that you will not modify or remove, or attempt to modify or remove, any of the legal agreements and policies included in your Reseller site.
Term and Termination. In the absence of notification from you, we will automatically continue providing access to the Reseller Package indefinitely and will charge the Payment Method you have on file at our then-current rates. You agree that you will be responsible for notifying us should you desire to terminate your use of the Reseller Package. Notification of your intent to terminate must be provided to us no later than three days prior to your billing date. We reserve the right, in our sole discretion and without notice, at any time and for any reason, to suspend your access to or use of the Reseller Package. Upon termination, your customers’ Services will default to us or a related entity. No refunds will be issued to you or your customers for Services purchased.
Representations and Warranties. You represent and warrant that all information provided by you to set up your reseller site is true, accurate, and complete. You also represent and warrant that the name of your site, URL, or other branding is being used in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s registration, trademark, or trade name.
- TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be used to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed as a separate and independent covenant or agreement for all purposes. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforce able, the remaining provisions (or portions of provisions) of this Agreement shall remain in full force and effect to the fullest extent permitted by law.
- DEFINITIONS; CONFLICTS
Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event of a conflict between the provisions of this Agreement and the Universal Terms of Service Agreement, the provisions of this Agreement shall prevail.