Your participation in the Service Partner Program is subject to the following terms and conditions:

No Authority to Bind Kroll Ontrack

Service Partner shall have no authority to bind Kroll Ontrack Inc. or any of its affiliates or subsidiaries (collectively "Kroll Ontrack") contractually or in any other respect unless it first receives express written authorization of Kroll Ontrack; any offer made or contract entered into by Service Partner without such prior authorization shall not be binding to Kroll Ontrack.

No Agency or Employment Relationship

The relationship of Kroll Ontrack and Service Partner is that of independent contractors. Participation in the Service Partner Program does not create an employment relationship or an agency relationship between the Service Partner and Kroll Ontrack. Neither Service Partner nor any of its employees shall represent itself to anyone as an employee of Kroll Ontrack. Service Partner acknowledges that its employees are not entitled to receive any employee benefits of any kind from Kroll Ontrack.

Service Partner's Training Obligation

Service Partner shall attend a minimum of four (4) WebEx demonstrations to become a certified Service Partner. The individual attending the training must be from the same Service Partner location. If the training obligations are not satisfied by Service Partner, Kroll Ontrack shall have the right to deny Service Partner's participation in the Program.

Proper Use of Service Partner Resource Materials

Materials posted in this Service Partner Center or otherwise provided or obtained by Service Partner are for the Service Partner's limited use in promoting the services and may not be used in such a way that a reasonable person might believe that Service Partner is part of the Kroll Ontrack organization, for example by designing the Service Partner web site with the same look and feel as the Kroll Ontrack web sites.

Service Partner shall not modify the materials without the prior written permission of Kroll Ontrack and must not remove any copyright trademark or other intellectual property rights notices any such materials.

Logo Use Guidelines

• The authorized logos may only be used on Service Partner's web site, or in connection with electronic print materials and advertising.
• Kroll Ontrack may contact you and request that you cease any misuse of the Kroll Ontrack marks and logos. Continued misuse may result in termination of your Service Partner privileges.
• The logos may not be used in any manner that would imply endorsement by Kroll Ontrack of any Service Partner's products or services.
• The logos may not be used in conjunction with Service Partner's company name, product name, service name, domain name, web site title or similar.
• The logo colors cannot be changed and dimensions may not be distorted. The logo may be resized as long as the height/width proportions are not changed.
• The use of the proper registration symbols is required and may not be altered or replaced.

Email Content Use Guidelines

Any emails using Kroll Ontrack marketing or promotional messaging must be distributed in accordance with applicable laws and regulations. Service Partner shall indemnify and hold Kroll Ontrack and its subsidiaries harmless from any claims arising out of Service Partner's violation or alleged violation of any such applicable laws or regulations.

Limitation of Liability

IN NO EVENT SHALL KROLL ONTRACK BE LIABLE TO SERVICE PARTNER, SERVICE PARTNER'S CUSTOMERS OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF ONTRACK PROVIDING PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FOR LOSS OF OR DAMAGE TO DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR OTHER PECUNIARY LOSS, HOWEVER OCCURRING, AND WHETHER BASED UPON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF ONTRACK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Legal Notices

All Kroll Ontrack brand, product or service names or logos are either trademarks or registered trademarks of Kroll Ontrack Inc and/or its parent company, Kroll Inc. The information and images contained in this site and all collateral materials published by Kroll Ontrack are copyrighted. The Service Partner's use of these materials does not constitute a waiver of any Kroll Ontrack copyright, trademark or other intellectual property right concerning the materials. Kroll Ontrack may, in its sole discretion, withdraw permission to use such copyrighted materials at any time.

General

Kroll Ontrack reserves the right to limit acceptance into the Program and may modify and/or terminate the Program at any time. Kroll Ontrack further reserves the right to remove any Service Partner from the Program in its sole discretion.

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