GENERAL OBLIGATIONS

(a) Use its best efforts to pursue aggressive sales policies and procedures to realize the maximum sales potential for the Products in the Territory;
(b) Provide coverage of potential licensing leads within the Territory on a regular basis consistent with good business practice;
(c) Provide promotional and merchandising campaigns for the Product(s) at Channel Partner’s expense;

marketdojo Updates. marketdojo may update and/or revise the performance and content of the Products. Channel Partner shall be responsible for providing training in the use and operation of such updates to its End-Users. Any such update shall be subject to the terms to his Agreement. Nothing in this Agreement shall obligate marketdojo to update or revise the Products. marketdojo reserves to update the software directly to through the web.

Non-compete. During the term of this Agreement, Channel Partner shall not enter into any new agreements or employment relationships that were not pre existing to the signing date of this contract,relationship with any marketdojo competitor that would have Channel Partner staff members, who are performing work for marketdojo under this Agreement, perform work of a substantially similar or identical nature being performed hereunder. Channel Partner shall require written confirmation from marketdojo that companies with whom Channel Partner are to enter into similar agreements with are not deemed by to be competitors of .

Indemnification. Channel Partner shall indemnify, defend and hold marketdojo harmless from and against any and all liability, damages, losses, claims, costs and expenses incurred and/or paid by marketdojo resulting from, arising out of, or in connection with Channel Partner’s negligent performance of services hereunder.

CHANNEL PARTNER MARKETING OBLIGATIONS

Demonstrations and Staff Training. Channel Partner agrees to provide its staff with adequate training regarding the use and operation of the Products, and to also provide its staff with regular training regarding updates of the Products. Channel Partner will maintain on staff at least one sales person and technical person capable of selling and demonstrating the basics of the marketdojo products they are authorized to carry. The Channel Partner will be required to maintain one employee on staff that has passed the MARKET DOJO certification program when marketdojo develops and implements a sales and technical marketdojo certification program. Failure to maintain an marketdojo certified employee on staff or replace the marketdojo certified employee within thirty (30) days will result in termination of the Agreement.

Forecasts. Upon request Channel Partner shall provide marketdojo in a format provided by marketdojo, for its review and approval, a forecast (as well as a ninety (90) day rolling forecast) showing projections for prospective orders by Product type, intended submittal date, and Channel Partner’s achievement of the year’s sales projections.

Promotion of the Products. Channel Partner shall at its own expense, actively promote the distribution of the Products within the Territory. Such promotion shall be reviewed and agreed upon by marketdojo and may include but not be limited to advertising the Products in trade publications within the Territory, participating in appropriate trade shows, seminars, joint marketing programs with hardware or peripheral manufacturers, and directly soliciting orders for the Products. Channel Partner will provide marketdojo with the sales event plan that will include a description of the event and expected number of attendees 30 days prior to the event.

Customer and Other Reporting. Channel Partner shall, at its own expense and consistent with the marketing and distribution policies of marketdojo:

(a) place the Product marketing and distribution in Channel Partner’s catalogues and web site as soon as possible and feature the Products in any applicable trade show that it attends;

(b) provide adequate contact with potential customers within the Territory on a regular basis, consistent with good business practice;

(c) assist marketdojo in assessing customer requirements for the Products, including modifications and improvements thereto, in terms of quality, design, functional capability, and other features;

(d) submit market research information, as reasonably requested by marketdojo, regarding competition and changes in the market within the Territory;

(e) promote the use of the Products in the government, education and major corporate accounts market segments;

(f) cooperate with marketdojo in developing and serving major corporate accounts; and

(g) report to marketdojo any changes in local laws or regulations within the Territory which affect the importation, or distribution of, or ‘marketdojo’ intellectual property rights in, the Products.

marketdojo OBLIGATIONS

(a) Any marketing literature will be purchased from at Channel Partner’s then-current fees. All collateral. Any fees for marketing literature will be paid within thirty (30) days of receipt of an invoice from marketdojo;

(b) Provide reasonable support to the Channel Partner regarding technical issues related to the Product(s) at no cost.

(c) marketdojo shall supply the Channel Partner with a reasonable number of licences of some or all of the Products to be used internally to provide pre and post sales support. The Channel Partner agrees that the terms of the then current Channel Partner Licence Agreement will govern the Channel Partner’s use of such software.

Trademark Licence

(a) marketdojo hereby grants the Channel Partner a nonexclusive Licence to use marketdojo trademarks solely in connection with the Channel Partner’s marketing of the Products in the Territory, but not in the Channel Partner’s name. From time to time, marketdojo may also authorize the Channel Partner to use certain third party trademarks specifically identified by marketdojo if such third party has authorised marketdojo to use such trademarks. All benefits arising from use by the Channel Partner of any marketdojo trademarks will inure exclusively to marketdojo. All benefits from the use of any third party trademarks shall inure exclusively to the owner of such trademarks.

(b) Channel Partner shall provide to marketdojo upon request, for review and written approval, all promotional, advertising and other materials and activity using or displaying such trademarks or referring to Channel Partner as an authorized authorised marketdojo Channel Partner unless such materials and activity are within the written guidelines set forth by marketdojo. Channel Partner agrees to change or correct, at Channel Partner’s expense, any such material or activity which marketdojo, in its sole judgment, determines to be inaccurate, objectionable, misleading or a misuse of such trademarks or trade names. If the Channel Partner or any of its employees, subChannel Partners, representatives, agents, or consultants develops any literature, books, or other written materials related to the Products (“Materials”) for distribution, such Materials will be submitted to marketdojo for review and approval before distribution to any third parties.

(c) marketdojo shall authorize channel partner to localize the products, however, IPR for the localized products shall remain with marketdojo.