[IMP] legal: update partnership to v8a (EN, FR, ES)

- More simplifications and some fine-tuning.
- restore "and affiliates" in preamble
This commit is contained in:
Olivier Dony
2019-08-09 17:02:14 +02:00
parent 7af8f7fcb5
commit 303733e0ed
4 changed files with 155 additions and 176 deletions
+49 -53
View File
@@ -5,28 +5,19 @@
Odoo Partnership Agreement
==========================
.. note:: Version 8 - 2019-08-09
.. v6a: typo in section 4.4
.. v7: introduce "Learning Partners" and a few related changes
.. v8: simplified parts, clarified others, added trademark use restrictions, updated benefits
.. note:: Version 8a - 2019-08-09
BETWEEN:
Odoo S.A.,
having its registered office at Chaussée de Namur, 40, 1367 Grand-Rosière, Belgium
(Hereinafter referred to as "ODOO")
AND:
_____________________________________________________________________________________,
a company having its registered office at
_____________________________________________________________________________________.
(Hereinafter referred to as “PARTNER”)
| BETWEEN:
| Odoo S.A., having its registered office at Chaussée de Namur, 40, 1367 Grand-Rosière,
| Belgium, and its affiliates (collectively referred to as “ODOO”)
| AND:
| _____________________________________________, a company having its registered office at
| _____________________________________________________________________________________.
| (hereinafter referred to as “PARTNER”)
ODOO and PARTNER are individually referred to as a "Party" and collectively referred to as
"the Parties".
@@ -217,17 +208,11 @@ customer invoice.
5 Fees
======
PARTNER agrees to pay either the Partnership Entry fee or the Partnership Annual Renewal Fee
immediately upon receipt of the annual invoice sent by ODOO.
The fees will be specified in writing at the time of signature of this agreement.
PARTNER agrees to pay either the Partnership Annual Fee upon receipt of the annual
invoice sent by ODOO. The fee will be specified in writing at the time of signature of this
agreement.
PARTNER acknowledges that the above-mentioned partnership fees are not refundable.
The "Partnership Entry" fee shall be paid before the activation of this Agreement, and applies
for new partners only.
The "Annual Partnership Renewal" fee shall be paid every year when the Term of this Agreement is
renewed.
PARTNER acknowledges that the above-mentioned Partnership fee is not refundable.
6 Termination
@@ -270,31 +255,26 @@ made in execution of this Agreement and the Odoo Partnership Program will be rec
or that he shall obtain any anticipated amount of profits by virtue of this Agreement.
8 Miscellaneous
================
8.1 Brand Image
---------------
8 Brand Image
=============
The "Odoo" mark (including the word mark and its visual representations and logos) is the exclusive
property of ODOO.
PARTNER shall advertise themselves as an "Odoo Partner" to avoid any confusion with ODOO, and
use the appropriate "Odoo Partner logo" in any communication media. PARTNER may use the "Odoo" logo
to present ODOO's products and services, but it must not be altered nor used by PARTNER as
the main logo of a website.
ODOO authorizes PARTNER to use the "Odoo" mark to promote its products and services,
for the duration of this agreement only, as long as:
PARTNER shall not register as a trademark or in any other way whatsoever any mark, brand or sign that
could create a risk of confusion with the "Odoo" mark, worldwide, except with ODOO's prior
written consent.
- There is no possible confusion that the service is provided by PARTNER, not ODOO;
- PARTNER does not use the word “Odoo” in their company name, product name, domain name,
and does not register any trademark that includes it.
PARTNER shall not incorporate the "Odoo" mark in any trade name, brand name, domain name or in any
element of identification of their company except with ODOO's prior written consent.
Both Parties shall refrain from harming the brand image and reputation of the other Party,
in any way whatsoever, in the performance of this Agreement.
At the termination of this Agreement, PARTNER must immediately stop the use of the "Odoo" mark.
Non-compliance with the provisions of this section shall be a cause for termination of this Agreement.
8.2 Publicity
8.1 Publicity
-------------
PARTNER grants ODOO the nonexclusive right to use PARTNER's name or trademarks in press releases,
advertisements or other public announcements.
@@ -305,7 +285,7 @@ and that PARTNER's logo and trademarks may be used for this purpose only.
.. _no_soliciting_partnership:
8.3 No Soliciting or Hiring
8.2 No Soliciting or Hiring
---------------------------
Except where the other Party gives its consent in writing, each Party, its affiliates and
@@ -317,7 +297,7 @@ employee toward that end, the breaching Party agrees to pay the other Party an a
EUR (€) 30 000.00 (thirty thousand euros).
8.4 Independent Contractors
8.3 Independent Contractors
----------------------------
The Parties are independent contractors, and this Agreement shall not be construed as constituting
either Party as a partner, joint venture or fiduciary of the other, as creating any other form of
@@ -335,18 +315,34 @@ All disputes arising in connection with the Agreement for which no amicable sett
found shall be finally settled by the Courts of Belgium in Nivelles.
.. rubric:: Signatures
.. |vnegspace| raw:: latex
\vspace{-.5cm}
.. |vspace| raw:: latex
\vspace{.8cm}
.. |hspace| raw:: latex
\hspace{4cm}
.. only:: html
.. rubric:: Signatures
+---------------------------------------+------------------------------------------+
| For ODOO, | For PARTNER |
+---------------------------------------+------------------------------------------+
.. only:: latex
.. tabularcolumns:: |p{7.5cm}|p{7.5cm}|
.. topic:: Signatures
+---------------------------------------+------------------------------------------+
| For ODOO, | For PARTNER, |
+=======================================+==========================================+
| | |
| | | | |
+---------------------------------------+------------------------------------------+
|vnegspace|
|hspace| For ODOO, |hspace| For PARTNER,
|vspace|
.. _appendix_p_a: