In relation to the Samsung 016 MSA with vendor DocuSign, which we executed an "Assignment & Assumption of Rights Agreement" to Samsung Ireland last year with effective date 9th May 2022 and a "Variation Agreement". This became effective for all agreements preceding the Assignment.

 
We have DocuSign e-Signature Order Forms that are governed by the Samsung 2016 MSA and which have been signed after the 9th May 2022 with no reference to the Assignment. My query is, can we continue to sign Order Forms for Brands and Agencies under this Agreement, only mentioning the Samsung MSA and not the Assignment? Or should all Order Forms now require a reference to the Assignment?


The Samsung MSA does not provide for affiliates, however, the Variation Agreement amends the clause defining an "Authorized User" to include affiliates. My query here is, can an affiliate use the service if there is no mention of the variation agreement in the governing statement?

Additional Info:
Authorized user definition in the MSA: Authorized User" means any employee or agent of Subscriber, identified by a unique email address and user name, who is registered under the Account, provided that no two persons may register or use the Subscription Service as the same Authorized User

Authorized user definition in the Variation Agreement: Authorized User" means one individual natural person, whether an employee, business partner, contractor, or agent of Subscriber or its Affiliates, who is registered by Subscriber to use the DocuSign Products. An Authorized User must be identified by a unique email address and user name, and two or more persons may not use the DocuSign Products as the same Authorized User. If the Authorized User is not an employee of Subscriber or its Affiliates, use of the DocuSign Products will be allowed only if the Authorized User is under confidentiality obligations with Subscriber at least as restrictive as those in this Agreement and is accessing or using the DocuSign Products solely to support Subscriber's and/or Subscribers' Affiliates' internal business purposes.