Polte SR Partner Program Terms and Conditions.

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POLTE SR Partner Program Terms and Conditions V1

Last Updated: November 30, 2020

WHEN YOU ACCEPT THIS AGREEMENT BY AGREEING ONLINE, YOU ARE TELLING POLTE, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE THE CAPACITY TO ENTER INTO THIS AGREEMENT. IF YOU ACCEPT FOR AN ORGANIZATION (FOR EXAMPLE, YOUR EMPLOYER OR AN ORGANIZATION THAT YOU REPRESENT), YOU ARE TELLING POLTE THAT YOU ARE AUTHORIZED TO BIND THAT ORGANIZATION TO THIS AGREEMENT.  FOR THE AVOIDANCE OF DOUBT, REFERENCES TO “YOU” OR “YOUR” AND OTHER VARIATIONS IN THIS AGREEMENT MAY MEAN AN INDIVIDUAL OR THAT ORGANIZATION. IF YOU DO NOT ACCEPT THESE TERMS OR DO NOT WISH TO ENTER INTO THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT ONLINE OR USE THE POLTE MARK.

 

  1. The Program

The Polte SR Partner Program is Polte’s hardware validation and benefits program built exclusively for Polte chipset, module and device partners. Through this program, Polte partners may submit their Polte-enabled hardware for a collaborative technical evaluation prior to being deemed “Powered by Polte. Once validation is completethe Polte SR Partner immediately unlocks a variety of technical, business and marketing perks for assistance in going to market with the best Powered by Polte hardware possible, as quickly as possible.

Polte’s Mobile IoT location experts have established testbeds and environments to determine the sufficiency of radio communication, power consumption, battery life, functional validation, location performance, and several other technical specifications. The Polte team will work with the partner to confirm that the submitted hardware provides quality location results, or to uncover and resolve any bugs before launch to reduce support issues later on. Polte may publish the minimum technical specifications required for a device to be validated, with or without notice. Once technical validation is complete, the partner is now eligible to carry or be associated with the Powered by Polte logo, or the “Mark.” Polte SR partners will have access to a myriad of new business opportunities across verticals, leveraging Polte’s existing integrations and partnerships. Polte SR partners will be able to benefit from increased visibility and amplification through joint marketing opportunities, including a public announcement and addition to the “Polte Partner Ecosystem” webpage.

  1. ​Your Device, Chipset or Module

By moving forward with next steps in the Polte SR Partner Program, you acknowledge and agree that:

  • You represent and warrant that your device, chipset or module will be properly certified (e.g., FCC, PTCRB, etc.) for operation in the United States or other similar required certifications for associated intended operating markets, and shall be labeled with such certification;
  • POLTE does not conduct certification testing, nor are you relying upon POLTE to provide such testing;
  • Each device that is different in any meaningful technical way requires a separate submission for testing by POLTE;
  • if approved to carry or be associated with the Mark, you will only apply the Mark to or associate the Mark with devices, chipsets or modules that are the same as the device, chipset or module tested and approved by POLTE; and
  • POLTE may fully rely upon on all information, documentation and materials provided by You to POLTE.

 

  1. Approval

POLTE will conduct certain technical tests on your device to determine its eligibility to carry or be associated with the Mark. POLTE may inform you of deficiencies in your device preventing approval. You may make corrections to your device and resubmit it for re-testing and approval. Only POLTE, in its sole discretion, may approve a device to carry or be associated with the Mark.

  1. The Mark

If your device is approved by POLTE to carry or be associated with the Mark, you acknowledge and agree that:

  • You may only label approved devices, chipsets or modules, and any and all supporting documentation, advertising and marketing materials with the Mark;
  • You will use commercially reasonable methods to prevent removal of the Mark or mislabeling of devices;
  • You will maintain those fonts, colors and presentations of the Mark as supplied to you by POLTE;
  • You will immediately cease applying the Mark to any devices when your participation in this program ceases or is terminated, or if POLTE, in its sole discretion, demands you cease labeling devices; and
  • All goodwill from use of the Mark inures to the benefit of POLTE.

 

  1. Costs

You acknowledge and agree that testing and approval or rejection of devices, chipsets and modules carries costs. You agree that POLTE may bill You for the costs of testing, approval or rejection performed on Your device, chipset or module. POLTE will posts its current costs for testing, approval or rejection prior to the start of any testing.

  1. Publication

You acknowledge and agree that POLTE may publicize that Your device, chipset or module has been approved to carry or be associated with the Mark on its websites or to other actual or potential participants in the Program.

  1. Termination

Either Party may terminate this Agreement for any reason on thirty (30) days advance, written notice. In the event you cease your participation in this program, or POLTE demands that you cease your participation, you acknowledge and agree that you are no longer authorized to apply the Mark to any devices, chipsets or modules, or associate the Mark with any devices, chipsets or modules. No licenses are granted in this program.  POLTE reserves all rights.

  1. Representations and Warranties

You represent and warrant that: You have full authority to enter into this Agreement; You have full authority to submit Your device, chipset or module for testing; You have full authority to apply a label bearing the Mark if your device, chipset or module is approved to carry or be associated with the Mark by POLTE; You will abide by any POLTE guidelines regarding labeling of devices, chipsets or modules; and You will comply with the terms and conditions of this Agreement.

POLTE represents and warrants that: POLTE has full authority to enter into this Agreement; POLTE will comply with the terms and conditions of this Agreement.

Each Party represents and warrants that it will comply with all applicable United States export control laws and regulations.

  1. Disclaimer

POLTE makes no representation or warranty, express or implied, as to the accuracy, usefulness, value or completeness of the Mark.

  1. Governing Law

This Agreement shall be governed by the laws of the State of Texas without regard to its conflicts of laws principles.

  1. Limitation of Liability

To the extent permitted by law, You and POLTE each agree to limit claims for damages or other monetary relief against each other to direct and actual damages regardless of the theory of liability. This means that neither of You nor POLTE will seek any indirect, special, consequential, treble, or punitive damages from the other, including loss of revenue or profits, loss of data, business information or loss of use thereof, failure to realize expected profits or savings, cost of capital, loss of business opportunities, loss of goodwill or any other non-direct, pecuniary, commercial or economic loss or damage of any kind whether foreseen or unforeseen arising from or incidental to this agreement. You and POLTE each agree that any claims arising out of or relating to this Agreement must be brought within one year from the date they could have been brought, regardless of the applicability of any discovery rule. You and POLTE each agree that the maximum amount of damages of any kind recoverable in any action arising out of or relating to this Agreement is fifty thousand dollars ($USD 50,000.00).