Only ONE application is required per company. If your company has already applied, and you want to take the Installer Certification Test, please go to Take Test under Become a Geotab Installer and enter the Company ID assigned to your company.
Installer Application and Agreement - Terms and Conditions
Note: You must scroll down to end to be able to Accept
1. Appointment as Certified Installer Subject to the terms and conditions hereof, upon successful completion of all training, testing and certification requirements (the “Certification Requirements”) that we may specify or modify from time to time by at least one member of your staff (each a “Certified Individual”), we will appoint you, and you agree to act, as a certified installer of our products (a “Geotab Certified Installer”) to provide, through Certified Individuals, installation, configuration, setup and other services (the “Installer Services”) to users or resellers of our products (“Geotab Users”). We reserve the right to appoint other Geotab Certified Installers in any area at any time in our sole discretion. You are solely responsible for your dealings with Geotab Users, any expenses you incur in connection with such dealings, and any fees or other amounts due or owing to you. This Agreement does not grant you any rights to sell or resell our products or automated services. You are not permitted, without our prior written consent, to make any representations or warranties in respect of our products or services, reverse engineer or otherwise modify our products, or monitor, intercept or interfere with the transmission of data to or from Geotab Users in the course of their use of our products or services. You must at all time have at least one Certified Individual on staff to retain your status as a Geotab Certified Installer. If at any time you do not have any Certified Individuals on staff, you must notify us, and we reserve the right to suspend your designation as a Geotab Certified Installer until such time as you again have at least one Certified Individual on staff.
2. Term and Termination The initial term (the “Initial Term”) of this Agreement commences upon the date we send you written confirmation that your application has been accepted and continues until the day immediately preceding the third anniversary thereof unless otherwise terminated in accordance herewith. Upon the expiration of the Initial Term or any Renewal Term, the Agreement will automatically renew for subsequent terms of one year each (each a “Renewal Term” and together with Initial Term, the “Term”) unless either party gives written notice of non-renewal effective at the end of the then-current Initial Term or Renewal Term not less than 120 days prior to such expiration, or this Agreement is otherwise terminated in accordance herewith. Either party may terminate this Agreement at any time for any reason or for no reason by giving 30 days prior written notice to the other party. Any failure by you to meet or continue to meet all applicable Certification Requirements is deemed to be a material breach of this Agreement. You must return all our information and materials upon expiration or termination.
3. Insurance During the Term and for a period of at least two years thereafter, you must procure and maintain, in full force and effect and at your expense, a comprehensive general liability insurance policy or policies with a policy limit of not less than USD $2 million covering death, personal injury, property damage, contractual liability, operations liability, advertising injury and product liability, and any other liability arising out of or occurring in connection with your business under any agreement between you and any Geotab User. Such policy or policies shall provide that Geotab is an additional named insured and that they will not be cancelled or altered without at least 60 days’ prior written notice to us. You must furnish us with a certificate of such insurance upon our request. The purchase of such insurance coverage shall not relieve you of any of your obligations or liabilities under this Agreement.
4. Disclaimers and Limitations WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF QUALITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE. YOU SHALL INDEMNIFY AND HOLD HARMLESS US, OUR AGENTS, SUPPLIERS, DISTRIBUTORS, SUB-DISTRIBUTORS, SUCCESSORS OR ASSIGNS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES (EACH AN “INDEMNIFIED PARTY”), FROM AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, COSTS, LOSSES AND EXPENSES (INCLUDING REASONABLE LEGAL COSTS AND FEES) ARISING FROM OR RELATED TO ANY CLAIM, DEMAND, COMPLAINT OR ACTION BY A THIRD PARTY WHICH AN INDEMNIFIED PARTY MAY SUFFER OR INCUR IN CONNECTION WITH YOUR BUSINESS ACTIVITIES, YOUR NEGLIGENCE OR WILFUL MISCONDUCT. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO US HEREUNDER IN THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE TIME THE CAUSE OF ACTION AROSE AND IN NO EVENT WILL ANY INDEMNIFIED PARTY BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSSES OR DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, LOSS OF DATA, BUSINESS INFORMATION OR LOSS OF USE THEREOF, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS, COST OF CAPITAL, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL OR ANY OTHER NON-DIRECT, PECUNIARY, COMMERCIAL OR ECONOMIC LOSS OR DAMAGE OF ANY KIND OR ANY CLAIM BY ANY THIRD PARTY, EVEN IF SUCH INDEMNIFIED PARTY COULD FORESEE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE.
5. Intellectual Property All trade names, company names, trademarks, service marks, domain names and other product and service names and logos on our website are owned by Geotab or its licensors and may not be used except as expressly permitted hereunder. Subject to the terms and conditions of this Agreement, we grant you a limited, non-transferable, non-exclusive and royalty-free right to use our trademarks which have been expressly identified by us as those which can be used by Geotab Certified Installers, to market, promote, advertise and sell Installer Services. You must comply with any guidelines provided by us to you in respect of your usage thereof. We may inspect your compliance regarding such usage from time to time. You understand and agree that any feedback or input you provide to us shall become our exclusive property. You grant us a limited, non-exclusive, and royalty-free right to use your corporate name and logo to identify and promote you as a Geotab Certified Installer and you agree that we may provide your name and contact information to Geotab Users or prospective Geotab Users who are seeking Installer Services.
6. Confidentiality You agree that any and all information, written or oral, which is proprietary or confidential in nature which we disclose to you shall be treated by you as confidential. You will not disclose such information to any third party and will use such information solely for the purposes of performing your obligations hereunder. You must promptly notify us of any misuse, misappropriation, or disclosure of confidential information in contravention of this Agreement,
7. General (a) Communications. You agree to receive communications from us, including service notices through e-mail and postings on our website. We may also send notices to you by fax, post, personal delivery or courier sent to the most recent address or number you have provided to us through our website. You may send communications to us through our website, subject to this provision. You agree that legal claims and demands against us must be sent to us by personal delivery, registered post or courier to Geotab Inc., 21-1075 North Service Road West Oakville, ON, Canada L6M 2G2, ATTN: General Counsel or such other address as we may advise you from time to time in accordance with this provision. Any notice will be deemed to be received: (i) if mailed, ten business days following mailing; (ii) if delivered by courier, three business days following acceptance for delivery by the courier; (iii) if delivered personally, on the actual day of delivery unless after business hours, in which case it will be deemed to be received the following business day; (iv) if delivered by e-mail, on the next business day following transmission; and (v) if delivered through our website, on the actual day our website confirms the notice to have been delivered unless after business hours, in which case it will be deemed to be received the following business day. (b) Severability. To the extent that any portion of this Agreement is deemed to be invalid, illegal or unenforceable, such portion shall be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible (c) Force Majeure. We will be relieved of our obligations hereunder and will not be liable to you or to any third party if we are unable or fail to perform any of our obligations under this Agreement as a result of any cause beyond our reasonable control, for so long as such cause prevents us from so performing. (d) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario. This Agreement shall be deemed to be made in the Province of Ontario and you hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario. (e) Waivers. No waiver by either party of any breach by the other of any of its covenants, obligations and agreements hereunder shall be a waiver of any subsequent breach of any other covenant, obligation or agreement, nor shall any forbearance to seek a remedy for any breach be a waiver of any rights and remedies with respect to such or any subsequent breach. (f) Independent Contractors. Nothing contained herein will be deemed or construed by you or us, or by any third party, to create the relationship of partnership or joint venture or a relationship of principal and agent, employer-employee, master-servant, or franchisor-franchisee between you and us. Except as expressly set out in this Agreement, nothing whatsoever in this Agreement shall constitute either party as having the authority to bind the other in any manner whatsoever. (g) Assignment and Subcontracting. You may subcontract or delegate your obligations hereunder, provided that if you do so, you may only subcontract or delegate to another Geotab Certified Installer, and you will be responsible and liable for all acts or omissions of those to whom you subcontract and delegate as if such acts or omissions were yours, including any breach of this Agreement. You must ensure that such subcontractors or delegates comply with the applicable provisions of this Agreement, including, without limitation, procuring insurance coverage. We may assign this Agreement or any rights or obligations hereunder in whole or in part. You may not assign or transfer this Agreement or any of your rights or obligations hereunder, including by operation of law. (h) Entire Agreement. The Agreement contains the entire agreement between you and us relating to your appointment as a Geotab Certified Installer, and supersedes all prior agreements between you and us relating to same. There are no representations, warranties, terms, conditions, undertakings or collateral agreements, express, implied or statutory, between you and us other than as expressly set forth in this Agreement.
You must review the information displayed above and ensure that it is true, accurate, complete and correct. If any changes are required, please make such changes before proceeding. You acknowledge and understand that that we reserve the right to reject your application or, following acceptance, terminate the Agreement and/or suspend your status as a Geotab Certified Installer, if we determine that any information or documentation you have provided in connection with your application is not true, accurate, complete or current. By clicking “Confirm” below, you: (a) will be submitting your application and the above information to Geotab; (b) represent, warrant and covenant that you have authority to bind, the entity identified above, that the information you have provided above is true, accurate, current and complete and that you, as a representative of the entity identified above agree to be bound by the terms and conditions set forth above. If you do not agree with any of the terms and conditions or do not wish to proceed with the application for any reason, do not click “Confirm” below. Instead, click “Cancel” below to cancel your application.