POS-X Complete Retail and Restaurant Systems

HOME	PRODUCTS	DOWNLOADS	SUPPORT	ABOUT US	WHERE TO BUY	PARTNERS

About POS-X

Company Info

News

Where to Buy

Become a Reseller

Credit Application

Become a Reseller Today

At POS-X, we believe our resellers deserve the best! That is why we’ve dedicated ourselves to providing a complete line of top quality products for all your point-of-sale needs.

With a dedication to the reseller channel, our superior service, and aggressively priced products, we give you the opportunity for greater profit. Act now and partner with a manufacturer that is dedicated to the growth of your business!

Same Day Free Shipping
Industry Leading Pricing
Longer Warranties
Unparalleled Support
No Minimums or Joining Fees
Talk to us Today 800-790-8657

Reseller Application

* Company Name:
* Primary Contact Name:
* Primary Contact Email:
* Authorized Purchaser:
* Federal Tax ID:
* Purchaser Email:
* Phone:
Fax:
How did you find out about us:
Primary Billing Address:
* Address:
* City:
* State:
* Zip:
* Country:
Primary Shipping Address: Check if same as Primary Billing Address
Address:
City:
State:
Zip:
Country:

Reseller Agreement: (view pdf reseller agreement)
Definitions "POS-X" refers to POS-X, Inc. based in Bellingham, Washington USA. “Reseller” refers to both reseller and distributor. "Program" refers to the POS-X Reseller Program. "Products" refers to the POS-X products available for resale by the Reseller. These Products are listed on POS-X’s web site http://www.pos-x.com/ “Software” refers to the POS-X line of software Products. “System” refers to the POS-X line of complete point-of-sale systems including registers, ordering stations, and back office computers. "Reseller" refers to a reseller of products and a POS-X approved member of the POS-X Reseller Program. "End User" refers to Reseller's customers; that is, the party to whom Reseller resells any POS-X Products. "Reseller Area" refers to a protected area on the POS-X website where Reseller's discount prices and other relevant iformation are listed. The Reseller gains access to this area when the Reseller application has been approved by POS-X. “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. About this Agreement This is a Non-Exclusive Reseller Appointment. POS-X appoints Reseller as a worldwide, non-exclusive reseller of the POS-X Products. The Software is protected by local and international copyright laws and treaties. Nobody may install or use the software unless they have a license with POS-X. Nobody may resell the software unless they have been approved by POS-X for the POS-X Reseller Program. If you apply for and are accepted for the POS-X Reseller Program and resell POS-X Software, you are indicating your agreement to the terms in this license. If you do not agree to these terms, you may not resell any POS-X Product Terms of the License Your rights in this licensing agreement extend no further than the contents of this document. Before reselling any POS-X Product, you must pay the advertised Reseller discount price when you obtained it, unless POS-X has agreed to a different price. Payment terms are available. Your rights under this agreement only apply if you hold a POS-X acceptance into the program and receipt for payment for theproducts resold. POS-X’s web site http://www.pos-x.com/ lists the Products that can be resold by a Reseller, along with list price and Reseller purchase discount. Upon acceptance into the Program, Reseller shall have the right to purchase Products listed on POS-X’sweb site for resale to their End User customers. POS-X reserves the right to change the list of Products and prices at any time without prior notice. Product prices listed on POS-X’s website are exclusive of any taxes, fees, duties, value added, withholding, or other such amounts. POS-X shall not charge sales tax on sales made to Reseller, since all sales are intended for resale to End Users. Reseller shall be responsible for assessment, collection, remittance, accounting, reporting, and all other such legal responsibilities of sales tax for Reseller's sales to End Users. Reseller shall not purchase Product for Reseller's own use, or for resale to a sister company having the same effect, without express permission of POS-X. Upon purchase of a Software license, POS-X shall issue any registration codes necessary to unlock that Software for use by the End User. Reseller agrees to use each registration code for exactly one copy of Software sold to the End User, or as otherwise instructed by POS-X. Registration 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 (EULA), unless otherwise authorized by POS-X. Rights and Obligations of Reseller Reseller will inform End User that the specific Products License Agreement will be between POS-X 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, nor to make any representations or warranties contrary to the License Agreements. 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 Users). If Reseller, or a sister company, needs the Products for its own use, it shall purchase the Products directly from POS-X. End Users shall be considered primarily to be the customer of Reseller. POS-X will honor Reseller's request to contact or not to contact End User in the normal course of business. However, POS-X reserves the right to maintain lists of End Users and contact End User if the need arises. Reseller shall be authorized to use certain POS-X trademarks, graphics, symbols, Product descriptions or other content for use in promotion of POS-X Products. Such materials are to be provided by POS-X via means of the POS-X Reseller Kit, available on the POS-X website to the Reseller with the express intent of their use for such purposes. Use of such content shall be subject to POS-X’s usage policies, which POS-X reserves the right to change at any time for any reason. Reseller may create their own content relating to Products, which POS-X shall have the right to prevent Reseller from using if POS-X finds such content to be objectionable for some reason. POS-X shall have no ownership or any other rights to content independently created by a Reseller, except as provided for above. 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 POS-X or the Products, which reputation the parties agree is excellent. Further,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 and all payments to Reseller will be withheld. Reseller agrees not to divulge pricing structures and other related confidential information to third parties. All prices provided by POS-X to Reseller are in US dollars. POS-X reserves the right to change the Products that a Reseller is allowed to sell and suggested retail prices without prior notification. Should changes occur to the Products that the Reseller is allowed to sell, POS-X will attempt, but is not obliged to,inform Reseller of such changes by e-mail. Nothing in this Agreement shall prohibit POS-X from selling Products directly to any customer desired without involvement of any obligation whatsoever to Reseller. POS-X reserves the right to refuse Reseller the right to promote POS-X, Products, or any other affiliation with POS-X. Under no circumstances, including any infringement claims, shall POS-X be liable to the reseller or any other party for any reprocurement costs, lost revenue or profits or for any other special, incidental or profits or for any other special,Incidental or consequential damages, even if POS-X has been informed of such potential loss or damage. POS-X reserves the right to change the End User License Agreement of any of the Products. POS-X reserves the right to change any of the Products and prices as it sees fit. POS-X shall be permitted to use the name of Reseller in publicity releases, advertising, or similar activities without the prior written consent of Reseller. What is not allowed Copying the Software; Reseller may not resell a software license after it has been used. Reseller shall not reverse engineer the software registration process. Purporting to give anyone else any rights; 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 approval of POS-X. Do anything that might reveal the source code of the software; Change Products; 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 POS-X. Allow anyone else to have your Reseller permissions; (i.e. The Reseller shall not assign, transfer, and/or otherwise sell their rights in this Agreement without first obtaining in the writing the express permission of POS-X). Do anything else not allowed in black & white by this agreement. Acceptance & Termination This Agreement shall become effective on the date that the Reseller's application is approved by POS-X Once accepted into the Program, this Agreement between POS-X and Reseller shall remain in force until cancelled by either party; Without prejudice to any other rights, POS-X may cancel the Agreement at any time for any reason. And 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 POS-X. Upon termination, Reseller must remove all references and links to POS-X and shall lose all rights granted under this Agreement Both POS-X and Reseller agree that this Agreement does not establish an employer-employee relationship between POS-X 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 POS-X. Neither party shall have the right to incur any obligations on behalf of the other, except as otherwise provided herein. Breaching this Agreement May Result in Termination of this agreement Exercising any other rights POS-X has under law. Following Termination You must immediately stop reselling any POS-X Product, and remove/discontinue any promotion of the POS-X brand name. The due date of all outstanding invoices for the Products shall automatically accelerate so that they become due and payable on the effective date of termination, even if longer terms had been previously provided. Reseller agrees that it shall not, following termination of this Agreement, act in any way to damage the reputation or goodwill of POS-X or any POS-X 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 kind. If POS-X requires it, Reseller must prove that the preceding has been completed. Ownership Reseller must not remove or alter any copyright notices or trademarks on the Products. Reseller agrees that all of POS-X rights, including but not limited to, intellectual property rights, trademarks, and copyrights, shall fully remain with POS-X. Reseller shall act merely as a reseller of Products, and shall gain no rights over POS-X or Products. POS-X is the sole owner of: the trade mark names and logos of POS-X and its products all title to and copyright in the software all copies of the software POS-X is exclusively licensed: to grant this Reseller License Agreement to you to use the trade mark names and logos of POS-X and its products Warranty Coverage POS-X, Inc provides a Limited Warranty for its product only to the person or entity that originally purchased the product from POS-X or its authorized resellers or distributors. POS-X warrants that the product will be free from material defects in workmanship and materials from the date of original retail purchase of the product, for the period set forth in the individual product documentation. POS-X warranty coverage begins from date of invoice from POS-X to Reseller. Warranty coverage is equal to length plus one month grace POS-X makes no representations or warranties, express or implied, by way of example but not of limitation, of merchantability or fitness for any particular purpose. POS-X shall not be held to any liability with respect to any claim by Reseller or third party on account of or arising from the use of the Products Product warranty lengths are listed at www.pos-x.com Warranty Coverage POS-X supplies software as-is without any expressed warranties, and excludes any implied warranties that can be excluded under law. You choose to Resell the software based entirely on your own judgment and at your own risk You accept that the software may or may not work as you, or the End User, intend or suit your, or the End User's, purposes,even if POS-X was aware of them. Technical Support Coverage POS-X provides technical support to both the Reseller and End User for as long as a product is covered under warranty. Technical support is provided via phone and email to both the Reseller and End User. If POS-X cannot resolve the issue via phone or email, POS-X will offer to have the Product sent to POS-X for Depot Repair. Cost for shipment of Product to POS-X is paid at the End User’s/Reseller’s expense POS-X 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 Users expense.. All Products returned to POS-X for Depot Repair must be double boxed, and in good condition. If a product shows signs of damage from shipping, POS-X will report the damages to the End User/Reseller so that they may make the appropriate insurance claims with their shipper. POS-X will then offer to either: Repair the original technical issue and not repair damages occurred from shipping Repair the original technical issue and repair damages occurred from shipping at the End Users/Resellers expense If replacement of the unit is needed, POS-X will charge the End User/Reseller for damages occurred from shipping to POSX, prior to POS-X shipping the replacement Product Software is supported for ninety (90) days from date of purchase. Extended support coverage may be purchased. Returns All POS-X products excluding registered Software may be return from the Reseller to POS-X within 30 days of POS-X’s invoice to the Reseller providing they are in factory fresh condition Items returned must first be issued a Return Merchandise Authorization (RMA) number. RMA numbers are valid for 15 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. Freight charges are not 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 small reboxing fee may be charged to restore to factory fresh condition. POS-X does not accept Software returns from the Reseller for Software that has already been registered. Damages POS-X is not liable to you 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 POS-X knew that loss or damages were Possible If the law that governs this agreement limits the operation of the above clause, then POS-X’s liability for anything described in that clause can never exceed the reasonable costs of POS-X re-supplying the Product to you, or the price you paid for the Product,whichever is higher. Reseller agrees to indemnify and hold POS-X 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. POS-X shall not be responsible for Acts of God, acts by third parties, or other events outside POS-X’s reasonable control. Applicable Law This agreement is governed by the laws of Bellingham, Washington. Any legal action relating to this agreement or the software must be taken in the courts of Whatcom County, Washington.
*	I've read and accepted the agreement above

	* Required field