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Program Application
Terms and Conditions
In order to access the Application Form, you must first read the Terms and Conditions and then click "I Agree".
The following terms and conditions will apply to a participant's (herein "you" or "your") participation in the Qualified Vendors Program (herein "Program") of Sabre Inc. (herein "we" or "our"). The provisions of our privacy policy are incorporated into and made a part of these Terms and Conditions.
CONDITIONS FOR PARTICIPATION
If you participate in the Program, you acknowledge your acceptance of these Terms and Conditions by clicking the "Yes, I agree" link at the bottom of the page. The Terms and Conditions govern the manner in which the Program will be managed by us, and do not create or imply any contractual relationship between you and us other than as expressly stated herein. The Terms and Conditions may be modified at any time upon posting of the modified terms and any such modifications shall become effective immediately upon posting. By your participation in the Program, you agree to periodically review these Terms and Conditions.
ELIGIBILITY TO PARTICIPATE
To be eligible for the Program, you must demonstrate that your goods or services are quality products and useful to our customers. You may demonstrate this by either (i) submitting a minimum of four Customer Testimonial Surveys from different Sabre customers who are currently utilizing your products or (ii) obtaining successful Sabre lab certification of your product(s) in the manner that we may reasonably request. You will be responsible for all lab certification charges. In order to verify your performance, we may also contact the customer to ascertain the quality of your performance, and you agree that we can contact the customer for that purpose. Your product(s) or service(s) must receive high satisfaction scores on the Customer Testimonial Survey in order for you to participate in the Program. In addition, any new products released by your company will be subject to the same eligibility standards. A Vendor's acceptance into this program is at the sole discretion of Sabre.
MANAGEMENT OF THE PROGRAM
The Program is designed to designate your products and services to our customers as being complementary with the products and services offered by us. Sabre customers will have access to a web site or site on the Sabre system that lists the participants in the Program (the "Site"). We will manage the Site in our discretion and we can change or discontinue the Site at any time. We will not be involved in the transactions between you and a Sabre customer or customers. Accordingly, the specific terms and conditions of the sale of your products or services (such as pricing, warranties, delivery, etc.) are established between you and the Buyer (that is, the Sabre customer), as applicable. We do not guarantee any sale leads or that customers will find your product(s) adequate to their needs. We also are not a guarantor of performance with respect to any agreement between you and the buyer (Sabre customer). We do not become involved in user-to-user dealings or disputes arising there from, so you hereby agree to release us and our agents and employees from all claims, demands, and damages (actual and consequential) of every kind and nature, know and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected with your dealings and disputes with any third party.
Title
The entire content of the Site that contains the Qualified Vendors Program information and all intellectual property included in or related to the Site (including but not limited to copyrights, trademarks and service marks) are owned or licensed by us, and all right title and interest in the Site and the intellectual property rights remain our property. Certain content on the Site may be licensed from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties. You may not, and these Terms and Conditions do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to any part of the Site. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or any of its content.
Termination
If you breach the Terms and Conditions or any of our posted policies, or if we are unable to verify or authenticate any information you provide to us, or if we believe that your actions may negatively affect our business, we may immediately issue a warning, temporarily or indefinitely suspend your membership in the Program, or terminate your participation in the Program. Either party may terminate this Agreement for cause or no cause with a thirty day written notice. Whatever actions we decide to take will not limit us in pursuing any other legal or equitable remedies available to us. If we remove your company from the Qualified Vendors list, you agree that you will cease promotion of your product(s') affiliation with the Sabre Program. Notwithstanding the termination, the Terms and Conditions contained in Sections entitled "Title", "Indemnification", "Disclaimer of Warranties", "Limitation of Liability", and "Governing Law", as well as all rights and obligations under the Privacy Policy, will continue to apply with respect to any claims that arise from your participation in the Program.
Indemnification
You agree, at your expense, to indemnify, defend and hold us, and our employees, agents, successors, directors, officers, subsidiaries, affiliates, and assigns harmless from any suits, losses, claims, demands, liabilities, costs and expenses (including attorneys' fees), threatened, brought or made by any third party due to or arising out of (i) your participation in the Program and any customer claims relating to your goods or services, (ii) your failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology outside of the U.S.A.) or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject goods and services, or (iii) your breach of these Terms and Conditions or our Policies; provided, that we provide you with (a) prompt written notice of such claim; (b) control over the defense and settlement of such claim; and (c) proper and full information and assistance at your expense to settle and/or defend any such claim. You agree not to settle any action, claim or demand on our behalf without our prior written consent. We will have the right to participate in the defense and hire counsel of its choice, at your expense.
Disclaimer of Warranties
THE PROGRAM IS PROVIDED ON AN "AS IS" BASIS. WE DO NOT MAKE ANY WARRANTIES WITH RESPECT TO THE PROGRAM, INCLUDING BUT NOT LIMITED TO (I) THE PROGRAM'S INFORMATION SITE BEING UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (II) THE PROGRAM MEETING YOUR REQUIREMENTS OR EXPECTATIONS, (III) ANY ERRORS IN THE PROGRAM'S INFORMATIONAL SITE. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, SALES, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS,GOODWILL, OR ANTICIPATED OR LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE PROGRAM. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST THIRD PARTY VENDORS. SABRE IS NOT LIABLE FOR THE COSTS OR PROCUREMENT OF SUBSTITUTE SERVICES, TECHNOLOGY, OR DATA. OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROGRAM WILL NOT EXCEED ONE THOUSAND DOLLARS ($1,000). YOU ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT WE ARE GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM US OR OUR AFFILIATES THROUGH THE SITE. YOU ACKNOWLEDGE THAT THIS SECTION ON LIMITATION OF LIABILITY IS A CONDITION FOR SABRE'S OFFERING THE PROGRAM, AND IF YOU DO NOT AGREE TO THE $1,000 LIMIT OF LIABILITY FOR YOUR PARTICIPATION IN THE PROGRAM, YOU SHOULD DECLINE TO PARTICIPATE.
Assignment
Your participation in the Program cannot be assigned without our prior written consent. Any attempted assignment without our consent will be void
No Third Party Beneficiaries
There are no third party beneficiaries to your participation in the Program nor shall any other person or entity have any legal or equitable right, remedy or claim under or in respect of such participation.
Severability
If any provision of these Terms and Conditions is held unenforceable, the unenforceable provision will be construed in accordance with applicable law as nearly as possible to reflect our mutual original intent, and all other provisions will remain in full force and effect. Governing Law.
These Terms and Conditions are governed by the laws of the United States of America and the State of Texas, without regard to any principles of conflict of laws, and as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. We each agree to submit to the personal and exclusive jurisdiction of the courts located with the County of Tarrant, State of Texas, for any dispute, controversy or claim arising out of or relating to these Terms and Conditions.
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