Current Version: 1.0
Last Updated: 15 December 2019
Effective Date: 01 January 2020
Linode welcomes our users who engage in the resale of any Eligible Service. The purpose of this Reseller Policy (“Policy”) is to inform you about your responsibilities and our limited means to assist your End Users should you choose to be a reseller of the Eligible Services.
By reselling or continuing to resell a Service, you accept and consent to the rights, obligations, and practices described in this Policy
- Applicability. This Policy applies to you and your Representatives (collectively “Reseller”) with respect to any of the following unmanaged Linode services: Backups, Block Storage, Dedicated Cloud Compute, DNS Manager, Graphics Cloud Compute, High Memory Cloud Compute, NodeBalancers, Object Storage, and Standard Cloud Compute as better described at www.linode.com (each an “Eligible Service”). This Policy forms a part of the Linode Terms of Service and is a Supplemental Use Policy thereunder. All capitalized terms not expressly defined in this Policy shall have the meaning found in the Master Services Agreement.
- Limited License. This Policy provides terms, conditions, and framework within which Linode grants Reseller a non-exclusive, revocable right to resell the Eligible Services solely to Qualified End Users. The Parties acknowledge and agree that this right is non-exclusive and revocable by Linode at any time, and that Linode shall have discretion to sell, provide, distribute, and/or otherwise make available any Linode service or product at any time without limitation or restriction.
- Qualified End User. With respect to this Policy, a “Qualified End User” shall be any End User and/or End User Representative that consents to and executes a written contract with Reseller that, at a minimum, requires the End User and/or End User Representative to:
- comply with the DPA and Supplemental Use Policies;
- consent to the Processing of End User Data by Linode (i) in Linode’s ordinary course of business; (ii) as necessary to deliver the Eligible Services in furtherance of this Policy; and (iii) consistent with the Terms of Service;
- consent to the modification of the DPA and any Supplemental Use Policy, at any time, in order for Linode to comply with applicable law, including without limitation statutes and regulations related to privacy, protection, and security of data;
- consent to the modification of the DPA and any Supplemental Use Policy, upon fourteen (14) days Notice, at Linode’s discretion;
- as between Reseller and Qualified End User, appointment of Reseller as data importer/processor of End User Data and Qualified End User as data exporter/controller of End User Data consistent with the DPA; and
- as between Linode and Reseller, appointment of Linode as data subprocessor of End User Data and Reseller as data exporter/controller of End User Data consistent with the DPA.
- Reseller Responsibilities and Obligations.
- Usage of the Eligible Services. Reseller shall be required to obtain and maintain the documentation necessary for each Qualified End User. Reseller shall be solely responsible for the security, use, and Processing of the Eligible Services by Reseller and any End User, including without limitation any Disputes arising out of or relating to the use of any Eligible Service by an End User.
- Documentation. Linode shall not be responsible for directly entering into any agreement or memorandum with any End User.
- Updates. Reseller shall be responsible for (i) informing End Users and End User Representatives, if any, of the existence of this Policy, as well as any amendments, updates or modifications made to this Policy and (ii) agreeing to this Policy, as amended, updated or modified from time to time, on behalf of all End Users and End User Representatives.
- Support. Reseller shall be responsible for providing all customer support services to all Qualified End Users with respect to the Eligible Services. In the event that Reseller is unable to reasonably, and in good faith, provide a sufficient response to a Qualified End User inquiry, Reseller may open a ticket with Linode via Linode’s Support Ticket System for third party support, provided that under no circumstances shall Linode be required to provide first party support to any End User.
- Non-Solicitation. Reseller is strictly prohibited from marketing, soliciting, or selling any Eligible Service to any current customer of Linode, provided that Reseller is not prohibited from responding to any inbound inquiry from any customer, including customers of Linode.
- Changes. Amendments to this Policy may be made at any time and you should check back frequently for any changes. Linode shall have the right and ability to amend this Policy at Linode's sole and absolute discretion, and any amendments herein shall be effective within fourteen (14) days of being posted by Linode or by your continued use of the Services, whichever later.