the “effective date” of this agreement is the date defined as the effective date in the first order form between the company and the client associated with this agreement. “distribution channels” means any and all channels through which client content may be distributed or commercialized to end users and consumers including (a) the white label application, and (b) the fanhero platform. client acknowledges and agrees that it is subject to and shall abide by any agreements that are necessary for the placement of the white label application in the distribution network. client further agrees to be bound to company in the same manner and to the same extent that company is bound by the terms of any agreements in place with the distribution channels. white label application usage shall be limited to the distribution and monetization of client content.
company will work diligently with client and make every reasonable effort to facilitate the approval of the white label applications by the distribution network. company and client shall be compensated for any fees at the rates and according to the schedule set forth in the order form referencing this agreement. client retains its rights to client materials, subject to company’s ownership of any underlying white label applications, company deliverables or the fanhero platform and related technology. subject to all applicable rules and regulations, user data may be exported by client and shall be the property of client or provided to client by company upon request. this agreement shall be binding upon and inure to the benefit of each party’s successors or assigns. we may modify the terms and conditions of this agreement from time to time, with notice given to client by email, through the fanhero platform or through company’s website.
the license provides customer with the number of licenses indicated in an order form, as the same may be modified from time to time upon mutual written agreement of the parties. customer shall retain responsibility for all its users of the platform (whether authorized or not) to ensure proper use of izeax in accordance with these terms and the online terms. if izea does not invoice customer for applicable taxes, customer remains responsible for the calculation and remittance of taxes to the applicable governmental authority, now or at any time in the future. in the event customer believes that izea is in violation of this limited performance warranty, customer shall notify izea in writing and izea shall use reasonable commercial efforts to correct any error or defect. for these purposes (a) any obligation of customer to pay any amount to izea shall be treated as a material obligation, and (b) if customer fails to make a required payment by the due date and fails to remedy such non-payment in 15 days, izea may, in its discretion, immediately terminate this agreement and any access to the platform without giving written notice of such failure or any additional failure. upon any termination or non-renewal of this agreement, the license shall terminate, and customer shall have no further rights in the platform or izeax.
izea’s total liability under or relating to this agreement, regardless of the cause or form of action, and whether before or after its termination, shall not exceed the total of all license fee amounts paid to izea by the customer under the current term. no amendment, modification, or waiver of any provision of this agreement shall be binding unless in writing and signed by the party against whom the operation of such amendment, modification, or waiver is sought to be enforced. the language of this agreement shall be construed in accordance with its fair meaning and not for or against any party. no other persons shall have any rights or remedies by reason of this agreement against any of the parties or shall be considered to be third party beneficiaries of this agreement in any way. if a court or arbitrator finds any provision of this agreement to be invalid or unenforceable under applicable law, the remainder of the agreement shall remain in full force and effect and shall be interpreted so as best to carry out the parties’ intent. if izea does not invoice customer for applicable taxes, customer remains responsible for the calculation and remittance of taxes to the applicable governmental authority, now or at any time in the future. customer may only use the tradename or approved logo of izea if and when provided by izea, solely in connection with such content for promotional or marketing purposes in any and all media worldwide during the term of the sow or a longer period of time if approved in writing by izea.
this white label saas agreement template template has 13 pages and is a ms word file type listed under our legal agreements documents. “managed” means that the white label application shall be hosted, maintained, and managed by company without the need to release any source code or object code effective as of 06/15/2021. this izea exchange white label platform license agreement (“agreement”), which governs the use of the izea exchange platform, white label agreement template, white label agreement template, white label agreement template pdf, white label manufacturing agreement, white label vs licensing.
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