Minimum Sales Targets. For each calendar year identified on Exhibit A to this Agreement, HG shall sell at least the amount of ZTR Product units set forth on Exhibit A as the applicable minimum sales target. Lojack acknowledges that the provisions of the WEBFLEET Services shall be subject to an End User accepting the WEBFLEET Services. The standard hardware products and WEBFLEET will remain TomTom branded.
The TomTom WEBFLEET Service shall be made available to end users via link integration in LoJack website (and shall be co- branded (LoJack & TomTom). In order for TomTom to be able to process subscriptions for End-Users to TomTom WEBFLEET Service, LoJack will forward completed and signed WEBFLEET Service Contracts immediately to TomTom in accordance with the Order Policy. All sales of the TomTom WEBFLEET Service to an End-User pursuant to this Agreement will be governed by the General Terms and Conditions for TomTom WEBFLEET Service as amended from time to time. By entering into this Agreement, TomTom grants LoJack the right to sell and grant a license to the TomTom WEBFLEET Service in its own name and for its own account. LoJack shall order the Products and orders shall become binding in accordance with the Order Policy Annex II. Nothing in this Agreement shall entitle TomTom to impose upon LoJack, whether directly or indirectly, any restriction as to the price at which LoJack may resell the Products or WEBFLEET Services and for the avoidance of doubt, LoJack shall be entitled to charge End Users whatever price they like for such Products and WEBFLEET Services. Products sold by TomTom to LoJack under this Agreement shall be sold at the net prices and in accordance with the invoice and payment terms as listed in Annex I. The applicability of LoJack’s general terms and conditions is hereby expressly excluded.
All sales of the Products by TomTom to LoJack pursuant to this Agreement will be governed by the General Sale Terms and Conditions of TomTom as attached at Annex V and the terms and conditions set forth in Annex VI, provided that where such General Sale Terms and Conditions are inconsistent with the provisions of this Agreement, the provisions of this Agreement shall prevail. LoJack shall buy and sell the Products in its own name and for its own account. By entering into this Agreement, TomTom grants LoJack the right to sell the Products in the Territory and to End Users only in accordance with the provisions of Clause 3.1. Minimum Sales Targets. If the Minimum Sales Targets during the Initial Period are not met, TomTom shall be entitled to terminate this Agreement on providing LoJack with ninety (90) days’ previous written notice.
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