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Resellers

Sintel Systems provides the same attention to our resellers and partners as we do to our clients. Our heightened level of products and services allow our partners to enjoy a reliable source to present to their respective clients. With the SINTEL name behind you, the opportunities are endless for you to grow your business while continuing to offer the same great Sintel products to your clients. We encourage you to join our circle of partners and experience the Sintel Systems Advantage.

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Become a Reseller - Application Below

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Primary Shipping Address:		Check if same as Primary Billing Address

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Reseller Agreement:		(view pdf reseller agreement)

---------------------------------------------------------------------- SINTEL SYSTEMS RESELLER AGREEMENT AGREEMENT The end of this document provides definitions for terms used in this document. This SINTEL SYSTEMS RESELLER PARTNER AGREEMENT ("AGREEMENT") contains the complete terms and conditions between SINTEL SYSTEMS and the RESELLER. This AGREEMENT is effective upon submission of this RESELLER Application by clicking the “Submit” icon at the end of this AGREEMENT. The term of this AGREEMENT commences upon SINTEL SYSTEMS approval of the RESELLER’S application and will end when terminated by either party. This is a Non-Exclusive RESELLER Appointment. SINTEL SYSTEMS appoints RESELLER as a local, national, and international, non-exclusive reseller of SINTEL SYSTEMS products including licensed Café Cartel Software. The Software is protected by local and international copyright laws and treaties. The installation of SINTEL SYSTEMS and/or Café Cartel software without the respective software license is strictly prohibited and a direct violation of this AGREEMENT. The reselling of SINTEL SYSTEMS and/or Café Cartel software without prior written consent of SINTEL SYSTEMS and/or approved enrollment in the RESELLER PARTNER PROGRAM is strictly prohibited. Your application and subsequent approval/enrollment in the SINTEL SYSTEMS RESELLER PARTNER PROGRAM indicates your agreement and acceptance of all terms in the AGREEMENT and product/software license agreements. Your disagreement with or failure to adhere to any portion of this AGREEMENT excludes you from the RESELLER PARTNER PROGRAM. LICENSING TERMS Your rights in this licensing AGREEMENT extend no further than the contents of this document. Before reselling any SINTEL SYSTEMS product(s), you must pay the RESELLER discounted price upon ordering the product. Unless other payment and/or credit terms have been established, no products will be delivered or shipped prior to receipt of payment. Extended payment terms and credit are available upon approval. Product prices listed exclude any taxes and/or government fees. SINTEL SYSTEMS will charge sales tax on products sold to RESELLER. RESELLER is responsible for the assessment, collection, and reporting of sales tax and government fees paid to SINTEL SYSTEMS, sales tax and government fees received from client, and any differential sales tax and government fees collected from the END USER. SINTEL SYSTEMS does not and is not offering tax advice. Please contact your accountant or tax consultant. RESELLER shall not purchase Product for RESELLER’S own use, or for resale to a sister company having the same effect, without prior written permission of SINTEL SYSTEMS. Upon purchase of POS Equipment and/or Software license, SINTEL SYSTEMS shall issue the appropriate number of licenses for Software for use by the END USER. RESELLER agrees to use each license for exactly one copy of Software sold to the END USER, or as otherwise instructed by SINTEL SYSTEMS. License or license codes are not to be re-used, or used for multiple END USERS, or for multiple installations for the same END USER, or in any way that violates Product's END USER LICENSE AGREEMENT, unless otherwise authorized by SINTEL SYSTEMS. DUTIES & RIGHTS OF RESELLER RESELLER will inform END USER that the specific Products LICENSE AGREEMENT will be between SINTEL SYSTEMS and END USER. RESELLER agrees that END USER shall be bound by the terms of the LICENSE AGREEMENT accompanying each Product. RESELLER shall have no authority to modify in any way the terms of any LICENSE AGREEMENT and not to make any representations or warranties contrary to the LICENSE AGREEMENT. RESELLER shall make a good-faith effort to ensure that END USER is aware of and complies with all LICENSE AGREEMENTS. RESELLER may only sell the products to third parties (END USER). If RESELLER or sister company needs the Products for its own use it shall purchase the Products directly from SINTEL SYSTEMS. END USERS shall be primarily considered the customer of RESELLER. SINTEL SYSTEMS will honor RESELLERS request to contact or not to contact END USER in the normal course of business. However, SINTEL SYSTEMS reserves the right to maintain lists of END USERS and contact END USER if the need arises. RESELLER shall be authorized to use certain SINTEL SYSTEMS trademarks, graphics, symbols, product descriptions or other content for use in promotion of SINTEL SYSTEMS Products. Such materials are to be provided by SINTEL SYSTEMS via means of SINTEL SYSTEMS with the express intent of their use for such purposes. Use of such content shall be subject to SINTEL SYSTEMS usage policies, which SINTEL SYSTEMS reserves the right to change at any time for any reason without notice. RESELLER may create their own content relating to Products, which SINTEL SYSTMES shall have the right to prevent RESELLER from using if SINTEL SYSTEMS finds any content to be objectionable for any reason. RESELLER agrees to use its best efforts to conduct its business in an ethical manner and shall not conduct its business in a manner that would injure the reputation of SINTEL SYSTEMS or the Products. Furthermore, RESELLER shall avoid any business practices that may be perceived as deceptive, misleading, or otherwise improper. RESELLER shall not send or cause to be sent any unsolicited email (commonly known as "spam") or newsgroup postings, regarding Products. In the event of RESELLER sending unsolicited email or newsgroup postings, this AGREEMENT will be terminated if actions are deemed intentional. RESELLER agrees not to divulge pricing structures and other related confidential information to third parties. All prices provided by SINTEL SYSTEMS to RESELLER are in US dollars and strictly confidential. SINTEL SYSTEMS reserves the right to change the Products that a RESELLER is permitted to sell and suggested retail prices without prior notification. Should changes occur to the Products that the RESELLER is allowed to sell SINTEL SYSTEMS will attempt to, but is not obliged to, inform RESELLER of such changes. No part or section of this AGREEMENT shall prohibit SINTEL SYSTEMS from selling Products directly to any customer desired without involvement or any obligation whatsoever to RESELLER. SINTEL SYSTEMS reserves the right to refuse RESELLER the right to promote SINTEL SYSTEMS Products, or any other affiliation with SINTEL SYSTEMS. Under no circumstances, including any infringement claims, shall SINTEL SYSTEMS be liable to the capital reseller or any other party for any procurement costs, lost revenue or profits or for any other special, incidental or consequential damages, even if SINTEL SYSTEMS has been informed of such potential loss or damage. SINTEL SYSTEMS reserves the right to change the END USER License Agreement of any of the Products. SINTEL SYSTEMS reserves the right to change any of the Products and prices at its own discretion. SINTEL SYSTEMS shall at its own discretion refer to or use the name of RESELLER in publicity releases, advertising, or similar activities without the prior written consent of RESELLER. THE FOLLOWING ARE STRICTLY PROHIBITED RESELLER may not resell a software license after it has been used. RESELLER shall not reverse engineer the software registration process. RESELLER agrees not to, directly or indirectly, sub license, publish, distribute, disclose, disseminate, reverse engineer, decompile, copy, or reproduce Products except as provided for in this AGREEMENT. RESELLER shall not use any Product as the part of RESELLER’S own product or service without express written consent of SINTEL SYSTEMS. Act in any matter, malicious or not, that might reveal the source code of the software. RESELLER may not reverse engineer, decompile, or disassemble the Products, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation and permission is granted by SINTEL SYSTEMS. Permit anyone and/or entity to utilize and/or claim your RESELLER privileges. The RESELLER shall not assign, transfer, and/or otherwise sell their rights in this AGREEMENT without first obtaining prior written consent of SINTEL SYSTEMS. APPROVAL & TERMINATION This AGREEMENT shall become effective on the date that the RESELLERS application is approved by SINTEL SYSTEMS. Once accepted into the Program, this AGREEMENT between SINTEL SYSTEMS and RESELLER shall remain in force until cancelled by either party. Without prejudice to any other rights, SINTEL SYSTEMS may cancel the AGREEMENT at any time for any reason. RESELLER may cancel with no less than thirty (30) days written notice. Termination of the AGREEMENT shall not relieve RESELLER of the obligation to pay any monies due to SINTEL SYSTEMS. Upon termination, RESELER must remove all references and links to SINTEL SYSTEMS and shall lose all rights granted under this AGREEMENT. Both SINTEL SYSTEMS and RESELLER agree that this AGREEMENT does not establish an employer-employee relationship between SINTEL SYSTEMS and RESELLER. Each party shall conduct its business at its own location with its own employees and resources, and at its own expense. RESELLER shall not be construed to be a legal partner of SINTEL SYSTEMS. Neither party shall have the right to incur any obligations on behalf of the other, except as otherwise provided herein. CONSEQUENCES OF BREACH OF AGREEMENT Immediate Termination of this AGREEMENT Exercising any other rights SINTEL SYSTEMS has under applicable law. RESELLER must immediately cease reselling any SINTEL SYSTEMS Product, and remove/discontinue any promotion of the SINTEL SYSTEMS brand name. Outstanding invoices for products shall become due and payable on the effective date of termination, superseding all other previously agreed to payment terms. RESELLER agrees that it shall not, following termination of this Agreement, act in any way to damage the reputation or goodwill of SINTEL SYSTEMS or any SINTEL SYSTEMS Product. Except as otherwise expressly provided herein, upon any termination of this AGREEMENT, RESELLER shall not be entitled to, and to the fullest extent permitted by law, waives any statutorily prescribed or other compensation, reimbursement or damages for loss of goodwill, clientele, prospective profits, investments or anticipated sales, commitments or business opportunities of any type. Upon request by SINTEL SYSTEMS, RESELLER must show and establish that the preceding has been completed. OWNERSHIP RESELLER must not remove or alter any copyright notices or trademarks on any SINTEL SYSTEMS Products. RESELLER agrees that all of SINTEL SYSTEMS rights, including but not limited to, intellectual property rights, trademarks, and copyrights, are fully retained by SINTEL SYSTEMS. RESELLER shall act only as a RESELLER of products, and shall gain no rights over SINTEL SYSTEMS or products. SINTEL SYSTEMS and/or Café Cartel is the sole owner of: The trade mark names and logos of SINTEL SYSTEMS and its products All titles to and copyright in the software All copies of the software SINTEL SYSTEMS is exclusively licensed: To grant this RESELLER LICENSE AGREEMENT to you To use the trade mark names and logos of SINTEL SYSTEMS and its products WARRANTY SINTEL SYSTEMS provides Limited Warranty for its products only to the person or entity that originally purchased the product from SINTEL SYSTEMS or its authorized RESELLERS or distributors. SINTEL SYSTEMS warrants that the product will be free from material defects in workmanship and materials from the date of original purchase of the product, for the period set forth in the individual product documentation. SINTEL SYSTEMS warranty coverage begins from delivery from SINTEL SYSTEMS to RESELLER. Warranty coverage is equal to 12 months from date of delivery. SINTEL SYSTEMS makes no representations or warranties, expressed or implied, by way of example but not of limitation, of merchantability or fitness for any particular purpose. SINTEL SYSTEMS shall not be held liable to any claim by RESELLER or third party on account of or arising from the use of the Products TECHNICAL SUPPORT Software is supported for ninety (90) days from date of purchase. Extended support coverage may be purchased. SINTEL SYSTEMS provides technical support to only the RESELLER and (NOT THE END USER) for 90 days from the date of purchase. Support is provided via phone and email to only the RESELLER. If SINTEL SYSTEMS cannot resolve the issue via phone or email, SINTEL SYSTEMS will offer to have the Product sent to SINTEL SYSTEMS for Depot Repair. Cost for shipment of Product to SINTEL SYSTEMS is paid by the END USER/RESELLER. SINTEL SYSTEMS will then ship the repaired/replaced Product to the END USER ground standard (expedited return shipment is available at end user expense). Return shipment only valid in the Continental United States. All other destinations are at END USER’S or RESELLER’S expense. All Products returned to SINTEL SYSTEMS must be double boxed, and in good condition. If a product shows signs of damage from shipping, SINTEL SYSTEMS will report the damages to the END USER/RESELLER so that they may make the appropriate insurance claims with their shipper. SINTEL SYSTEMS will then offer one of the following: Repair the original technical issue excluding damages occurred from shipping. Repair the original technical issue and repair damages occurred from shipping at the END USER’S/RESELLER’S expense. If replacement of the unit is needed, SINTEL SYSTEMS will charge the END USER/RESELLER for damages occurred from shipping, prior to shipping the replacement Product. RETURNS All SINTEL SYSTEMS products excluding registered Software may be returned from the RESELLER to SINTEL SYSTEMS within 30 days of SINTEL SYSTEMS invoice to the RESELLER providing they are in original condition. Items returned must first be issued a Return Authorization Number (RAN) number. RAN numbers are valid for 10 days only. To receive credit, all products must: 1) Be returned in their original packaging, 2) Include all manuals, cables, warranty cards, etc., 3) Be clean, without scratches and resealed in a factory fresh condition. All products must be returned double boxed, with no markings or writing on the original box. If a product shows signs that the entire product and packaging was removed from its original box, the refund may be denied resulting in shipment of the product back to the RESELLER at the RESELLERS expense. Freight charges are non-refundable. Customer is responsible for shipping costs on returned items. If the returned item meets all the above requirements, it will be accepted and a restocking fee will be applied depending on the sale value of the returned items. If applicable a 10 percent repackaging fee may be charged to restore to original condition. SINTEL SYSTEMS does not accept Software returns from the RESELLER for Software that has already been registered. DAMAGES SINTEL SYSTEMS is not liable to RESELLER and/or the END USER for any loss, damages or compensation, whether primary or direct, secondary, indirect, incidental consequential or special, pecuniary or non-pecuniary, foreseeable or unforeseeable, contractual, tortuous or under statute arising in any way out of your, or the END USER'S installation or use of the software, even if SINTEL SYSTEMS knew that loss or damages were Possible. If the law that governs this AGREEMENT limits the operation of the above clause, then SINTEL SYSTEMS’ liability for anything described in that clause can never exceed the reasonable costs of SINTEL SYSTEMS re-supplying the Product to you, or the price you paid for the Product, whichever is greater. RESELLER agrees to indemnify and hold SINTEL SYSTEMS harmless from and against any and all claims, losses, direct or consequential damage that may arise from, or has been incurred by, the RESELLER or any third party resulting from the use of Products, or from the RESELLER'S marketing, installation, sale, or support of any Product. SINTEL SYSTEMS shall not be responsible for Acts of God, acts by third parties, or other events outside SINTEL SYSTEMS reasonable control. APPLICABLE LAWS This AGREEMENT is governed by the laws of Los Angeles County, State of California. Any and all legal action relating to this agreement or the product must be taken in the courts of Los Angeles County, State of California. ATTORNEY’S FEES If we are forced to bring action or proceeding involving, but not limited to, the enforcement of the terms of this contract, the infringement of our rights, the collection of balance due, fees due, and/or interest due, whether found in tort, contract, or to declare rights hereunder in any such proceeding, action, appeal thereon, SINTEL SYSTEMS shall be entitled to attorneys’ fees. Such fees may be awarded in the same suit or recovered in a separate suit, whether or not such action or proceeding is pursued to decision or judgment. The attorneys’ fees award shall not be computed in accordance with any court fee schedule, but shall be as to fully reimburse all attorneys’ fees reasonable incurred. In addition, we shall be entitled to attorneys’ fees, costs and expenses incurred in the preparation and service of notices of Default and consultation in connection therewith, whether or not a legal action is subsequently commenced in connection with such Default or resulting Breach ($200 is a reasonable minimum per hour for such services and consultation). DEFINITIONS "SINTEL SYSTEMS” refers to Sintel Systems “Café Cartel” or “CCS” or “Software” refers to point-of sale (POS) software used with SINTEL SYSTEMS POS systems. “RESELLER” refers to both reseller and distributor. "Program" refers to the SINTEL SYSTEMS RESELLER PARTNER PROGRAM. "Products" refers to the SINTEL SYSTEMS hardware and software products available for resale by the RESELLER. “System” or “Hardware” refers to the SINTEL SYSTEMS line of complete point-of-sale systems including registers, ordering stations, and back office computers. "RESELLER" refers to a reseller of products and a SINTEL SYSTEMS approved member of the SINTEL SYSTEMS RESELLER PARTNER PROGRAM. "END USER" refers to RESELLER’S customers; that is, the party to whom RESELLER resells any SINTEL SYSTEMS Products. "Reseller Area" refers to a protected area on the SINTEL SYSTEMS website where RESELLER'S discount prices and other relevant information maybe listed. The RESELLER gains access to this area when the RESELLER application has been approved by SINTEL SYSTEMS. “Pricing Sheet” refers to a document given to the RESELLER after successful completion of the application process. This document outlines products available for resale, their price warranty length, and re-stocking fees. ----------------------------------------------------------------------

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Resellers

Become a Reseller - Application Below

Primary Billing Address:

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Reseller Agreement: