Richard Archer [rha§juggernaut.com.au] wrote:
> At 9:44 +0800 24/6/03, Richard Keeves wrote:
> 
> >Here's the rub...  if Enetica (or any of the other registrars) would come
> >out and say that they will not go direct to end-user registrants, this
> >time-consuming debate and drama would not need to proceed
> 
> That has been one of Enetica's selling points from day one.
> They have (had?) it up on their web site, they plastered it
> all over the relevant mailing lists. They pushed it in their
> telemarketing campaign.
> 
> Although when you get right down to it and check out the
> Enetica Reseller Agreement it says:
> 
> >3.2 Enetica represents and warrants to Reseller that:
> >...
> >3.2.2 it will not market anything beyond what is on the Enetica
> >website to Reseller's registrants without prior arrangement
> >with Reseller.
> 
> Which provides just about as much wiggle room as they need
> to do anything they like.

thats one interpretation however Enetica cant say it wont market to
a resellers customer because say it puts an ad somwhere and the end customer
saw it, it would be in breach of the contract.

what it does say is there is nothing Enetica offers through retail that
a reseller cant offer through the reseller interface. so Enetica is contractually
bound not to gain a competitive advantage by offering a product that
resellers dont also get to use.

Vic