upon request) unless Business Partner has obtained the prior written consent of
Promethean, which consent may be withheld in Promethean's discretion. The
Business Partner shall also be solely responsible for, and shall defend,
indemnify and hold Promethean harmless from any and all claims, damages or
lawsuits (including Promethean's reasonable attorneys' fees and costs) arising
out of any installation services provided by the Business Partner, its
employees, and its agents.
The Business Partner shall recommend to the Customer that all Promethean
Products sold by the Business Partner to the Customer be installed (if
installation is required) by a Promethean Certified Installer. For Customers who
purchase any of Promethean's Enhanced Warranties for any of the Products as set
forth in Section 7.7 herein, the Business Partner shall ensure that the Products
are registered and that the Enhanced Warranties for those Products are activated
by either the Business Partner or the Promethean Certified Installer (if
different from the Business Partner) through the Global Installation Database
("GID").
7.7 Warranties and Other Support Obligations.
(a) Promethean Standard Warranty. Promethean provides a standard Customer
warranty with all Products sold by authorized Business Partners. The current
version of the Promethean Standard Warranty and warranty process and procedures
from time to time can be found on the Partner Portal. The Business Partner shall
not be entitled to amend the terms of the Promethean Standard Warranty. If the
Business Partner purports to amend
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EDUCATION BUSINESS PARTNER AGREEMENT
the terms of the Promethean Standard Warranty or offers separate warranty
services for the Products then the Business Partner acknowledges that it does so
at its own risk and the Business Partner shall indemnify Promethean for any and
all claims, damages or lawsuits (including Promethean's reasonable attorneys'
fees and costs) or liabilities arising out of such actions. In the event the
Business Partner offers separate warranty services for any Product, Promethean
shall only be responsible for providing the Customer with Promethean's Standard
Warranty protections.
The Customer may be entitled to receive an extension of the Standard Warranty on
certain eligible Products under Promethean's ActivCare Warranty (see the
Promethean ActivCare Warranty-at-a-Glance Matrix found in the Partner Portal for
the eligible Products). In order for the Customer to receive the extension, the
eligible Product must be registered by the Business Partner or the Promethean
Certified Installer through the GID. Business Partner shall ensure that all
Products eligible for the extension of the Standard Warranty are registered. The
terms and conditions for registration can be found on the Partner Portal.
(b) Enhanced Warranties. Promethean shall offer the option for Customers to
purchase Enhanced Warranty services under Promethean's ActivCare Plus Warranties
which provide for coverage beyond the Promethean Standard Warranty and beyond
Promethean's ActivCare Warranty. The Enhanced Warranties are Products that may
be purchased by the Business Partner in accordance with Section 6 hereof and
then resold to Customers pursuant to the terms of this Agreement. In order for
the Customer to receive