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<br />© MARCO, ALL RIGHTS RESERVED. | 1
<br />MARCO ACE365 PRODUCT AGREEMENT
<br />This ACE365 Product Agreement (“ACE365 Agreement”) is entered into by and between Marco
<br />Technologies, LLC (“Marco”) and ________________ (“Client”) for the services (“Services”), equipment
<br />(collectively, “Equipment”), and software (“Software”), (collectively, “Products”) that Marco will provide.
<br />This ACE365 Agreement is made and entered into pursuant and subject to the terms and conditions of
<br />the Marco Relationship Agreement (“Agreement”) between Marco and Client and the Parties agree to be
<br />bound by its terms. Defined terms in the Agreement have the same meaning in this ACE365 Agreement
<br />unless otherwise expressly stated.
<br />As used in this Agreement,
<br />1. “Agreement” means, the Marco Relationship Agreement between Marco and Client (each as defined
<br />below);
<br />2. “ACE365 Agreement” means, this contract between Marco and Client for ACE365;
<br />3. “ACE365 Agreement Term” means, the term of the ACE365 Agreement which shall commence
<br />upon Client signature on any SOP (as defined below);
<br />4. “Assessment” means, the process used by Marco to ensure all Client technology proposed to be
<br />under management meets Marco’s Minimum Specifications (as defined below);
<br />5. “Client” means, the party specified in the first paragraph of the ACE365 Agreement;
<br />6. “Client Information and Access” means, Client’s additional information which Marco reasonably
<br />requests, including but not limited to information about facilities, computers, network environment,
<br />servers, drives, switches, routers, hard drives, mobile devices, Third Party Applications (as defined
<br />below), licenses (and their renewal), backup and protocol (including for emergencies), goods,
<br />equipment, etc.;
<br />7. “Contacts” means, client employee designated by client as the primary point of contact;
<br />8. “Designated Technology” means, any technology that is in scope of Marco’s responsibility to
<br />manage;
<br />9. “Designated User” or “Designated Users” means, Client employee(s) and other designee(s) with
<br />Microsoft User Licensing who are benefactors of Products of this ACE365 Agreement;
<br />10. “Equipment” means, any computers, equipment, systems, cabling, or facilities and used directly or
<br />indirectly in the provision of Services (as defined below);
<br />11. “Existing Provider Cutover” means, the date existing services, equipment, and software of another
<br />provider transitions to Marco Services, Equipment, or Service;
<br />12. “Implementation Fee” means, the fee charged by Marco for Services provided before the Go Live
<br />Date;
<br />13. “Managed Backup” means, a specific Service provided by Marco when specified on an SOP;
<br />14. “Marco” means, Marco Technologies, LLC;
<br />15. “Marco Service Catalog” means, the list of Services provided by Marco and found at:
<br />https://www.marconet.com/legal/ace365-service-catalog ;
<br />16. “Marco’s Password Standard” means, the minimum requirements for Client password security as
<br />detailed at: www.marconet.com/legal ;
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