TERMS AND CONDITIONS Cisco Front Row Barcelona Channel Incentive Program Australia & New Zealand: 1 April 24 th July 2014

Transcription

1 TERMS AND CONDITIONS Cisco Front Row Barcelona Channel Incentive Program Australia & New Zealand: 1 April 24 th July 2014 CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. BY CLICKING ON THE ACCEPT BUTTON, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AND THE DECISIONS OF SPONSOR (AND ITS AUTHORISED REPRESENTATIVES) WHICH ARE FINAL AND BINDING IN RESPECT OF THIS PROMOTION. THIS TRADE PROMOTION IS INTENDED FOR PARTICIPATION ONLY IN AUSTRALIA AND NEW ZEALAND. DO NOT PARTICIPATE IN THE PROMOTION IF YOU ARE: (1) NOT EMPLOYED BY A LEGAL REGISTERED RESELLER OR A CISCO AUTHORISED DISTRIBUTOR OF ONE OF CISCO SYSTEMS, INC. S AUSTRALIAN OR NEW ZEALAND ENTITIES THROUGHOUT THE PROGRAM PERIOD, AND (2) NOT LOCATED WITHIN THE COUNTRIES LISTED ABOVE, AND (3) YOU OTHERWISE DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THE TERMS AND CONDITIONS BELOW. The Cisco Front Row Barcelona Channel Incentive Program ( Program ) is a trade promotion whose benefits are offered at the discretion of Cisco. Cisco has the right to change, limit, modify or cancel the promotion terms and conditions, assessment criteria, eligible sales/products, and prizes at any time, with or without notice. Participation in the Program is subject to these terms and conditions and the terms and conditions, rules, policies and procedures ("Program Terms") that Cisco may, in its discretion, adopt from time to time. Cisco may amend the Program Terms at any time without notice. Cisco has the sole discretion to interpret and apply the Program Terms. By participating in the Program, Participants represent that they understand and agree to be bound to the Program Terms, as may be modified, and the decisions of Cisco which are final and binding. The Program is void where taxed, regulated, restricted or prohibited by respective country laws. ELIGIBILITY: The Program is sponsored by Cisco Systems Australia Pty Ltd. ABN located at 80 Pacific Highway, North Sydney NSW 2060 or its affiliated entities ( Cisco or Sponsor ) and is only open and offered to employees of Cisco approved indirect Value Added Resellers ( VARS ) with a Cisco certification of Registered Partner or Premier Partner or Select Partner and employees of Cisco Authorised Distributors located in Australia and New Zealand ( Participants ). For purposes of this Program, a VAR is defined as a company that: (i) is an indirect reseller with a valid Cisco Site ID, located in: Australia and New Zealand, that purchases Cisco products from an in-country Cisco Authorised Distributor, and (ii) does not have a direct purchasing contract with Cisco Systems. For the purposes of the Program an Authorised Distributor is an entity that has a direct contract with Cisco and has the right to resell Cisco products to VARS. You may only participate in this Program with the prior consent of your employer (the Authorised Distributor or VAR). All other parties, including direct marketing resellers, any resellers that prohibit employee participation, prize suppliers, those entities involved in the preparation of materials or content for the Program, and their respective affiliates, parents, subsidiaries, and the employees, officers, directors, shareholders, representatives, agents and contractors of each, and individuals living in the same household of those individuals, whether related or not, are not eligible to participate, are ineligible and will be disqualified. You may not participate in this program if you are employed by or have any professional association with any Government department or agency. In the event a Participant s status changes making them ineligible for the Program, Cisco reserves the right to provide notice of immediate termination of the Participant from the Program. PROMOTION PERIOD: The Program begins at 12:00:01 a.m. the respective country s time zone: Australia & New Zealand 1 April 2014 (hereafter referred to as "Start Date") to 24 th July 2014 (hereafter referred to as End Date ), and ends on 11:59:59 p.m. in the respective country s time zone ( Program Period ). ELIGIBILITY TO PARTICIPATE: Eligible Participants include employees of the following: Cisco Registered Partners (herein referred to as VAR(s) Cisco Select Partners (herein referred to as VAR(s)) Cisco Premier Partners (herein referred to as VAR(s) Cisco Authorised Distributors Cisco Gold partners and Cisco Silver partners are not eligible to participate in the Program. All winning Participants must be employed by the above parties at the time of the prize being awarded. HOW TO PARTICIPATE: There will be a total of 24 prizes awarded to Cisco Front Row Barcelona under the following categories: 1. Grow your Cisco Business

2 The VAR with the highest percentage revenue increase in Tier 2 POS or UCS C-Series rack-mount servers within the Program period will win the Prize. There are fourteen prizes to be won in this category. Category 1: Fourteen prizes will be awarded in this category as follows: 1.1 Australian VAR (USD 5,000 to USD 20,000) - 3 Winners per category 1.2 Australia VAR (USD to USD 75000) - 4 Winners per category 1.4 C- Series Sales - Australian VAR (C-Series Sales Over USD 5,000) - 2 Winners per category 1.5 New Zealand VAR (USD 5,000 to USD 20000) - 2 Winners per category 1.6 New Zealand VAR (USD and over) - 2 Winners per category 1.7 C- Series Sales New Zealand VAR (C-Series Sales Over USD 5,000) - 1 Winner per category Rules for Category 1: i. Participants must register for the Program on ii. Partner Principals must accept T&Cs to participate in competition iii. Premier Partners EXCLUDED from this category iv. Cisco will set a baseline revenue for each participating VAR, which will be calculated based on the average revenue from Cisco s FY13Q3 to FY13Q2 4inclusive) on Tier 2 POS and UCS C-Series products; VARS with no revenue baseline will be set a baseline of USD 10,000; v. Each week, Cisco will track and report VARS distributor POS revenue on Eligible products, against their baseline as calculated in Category 1.v. from the Start Date to the End Date of the Program; i. VARS with the highest percentage revenue increase against their baseline as calculated in Category 2.v., will win the Prize ii. Each VAR must transact a minimum of USD 10,000 for Eligible Products during the Program period via an Authorised Cisco Distributor to be eligible; vi. A maximum of one individual from each participating VAR can claim the Prize. The VAR will select which employee they wish to claim the prize. Prizes can only be claimed by individuals who are current employees of the Eligible Participants at the time that prize is awarded vii. In the event that a partner has previously won in the 1.1 category Australian VAR category, they will automatically be entered into the 1.2 Australian VAR category 2. Grow your Cisco Business - Premier The Premier Partner with the highest percentage revenue increase in overall Tier 2 POS within the Program period will win the Prize. There are five prizes to be won in this category. Category 2: Five prizes will be awarded in this category as follows: 2.1 Australian & NZ Premier Partner and VAR (USD 76,000 and over)- 5 Winners per category Rules for Category 2: i. Participants must register for the Program on ii. Partner Principals must accept T&Cs to participate in competition iii. Certification must be current to participate and win in this category iv. Cisco will set a baseline revenue for each participating VAR, which will be calculated based on the average revenue from Cisco s FY13Q1 to FY13Q2. v. VARS with the highest percentage revenue increase against their baseline as calculated in Category 2 i.v., will win the Prize. vi. Each VAR must transact a minimum of USD 10,000 for Eligible Products during the Program period via an Authorised Cisco Distributor to be eligible; vii. A maximum of one individual from each participating VAR can claim the Prize. The VAR Principal will select which employee they wish to claim the prize. Prizes can only be claimed by individuals who are current employees of the Eligible Participants at the time that prize is awarded viii. Cisco decision is final.

3 3. Grow your Cisco Business - Services The Partner with the highest percentage revenue increase in overall Tier 2 POS within the Program period will win one Prize. The Partner with the greatest overall services bookings for the promotional period will win one prize. There are two prizes to be won in this category. Category 3: Two prizes will be awarded in this category as follows: 3.1 Australian & NZ Partner greatest overall services booking revenue for the promotional period 3.2 Australian & NZ Partner the highest percentage revenue increase from baseline number from FY13 Rules for Category 3: i. Participants must register for the Program on ii. Partner Principals must accept T&Cs to participate in competition iii. Certification must be current to participate and win in this category iv. Cisco will set a baseline revenue for each participating VAR, which will be calculated based on the average revenue from Cisco s FY12Q3 to FY12Q4 (inclusive) on Tier 2 services bookings; VARS with no revenue baseline will be set a baseline of USD 10,000; VARS with previous revenue baseline much achieve a minimum of USD$25,000 of services bookings to be eligible to win. v. VARS with the highest percentage revenue increase against their baseline as calculated in Category 3 i.v., will win the Prize. vi. Each VAR must transact a minimum of USD$25,000, unless there is no previous baseline for which they must transact a minimum of USD $10,000 for Eligible Products during the Program period via an Authorised Cisco Distributor to be eligible; vii. A maximum of one individual from each participating VAR can claim the Prize. The VAR Principal will select which employee they wish to claim the prize. Prizes can only be claimed by individuals who are current employees of the Eligible Participants at the time that prize is awarded viii. Cisco decision is final. 4. Grow your Cisco Business - Distributor There are three Prizes to be won in this category. Three prizes are available through grow your business, There is a maximum of one distributor sales prize per distributor available. Distributor sales prize will be awarded to the three distributors with the greatest overall partner growth from nominated partners, plus additional metrics as listed below. Distributors must also complete and execute on their Front Row marketing plan to be eligible. Category 4: Eligible distribution partners for this category are: 4.1 Express Data Australia 4.2 Ingram Micro Australia 4.3 Westcon Group Australia 4.4 Express Data NZ 4.5 Ingram Micro NZ 4.6 Westcon NZ Rules for Category 4: i. Distributor Principals must accept T&Cs to participate in competition a. Australian Distributors must sign a minimum of 100 partner companies to be eligible to compete b. New Zealand Distributors must sign a minimum of 300 partner companies to be eligible to compete c. Distributors must run and execute a minimum of three broad based enablement sessions within the promotional period. Events must be registered via the Cisco Disti Compass tool to be eligible ii. Distributor Principals must approve & nominate prize winner iii. Prizes can only be claimed by individuals who are current employees of the Eligible Participants at the time that prize is awarded iiv. Cisco reserve the right to withdraw any prize at any time if they deem that the marketing plan has not been submitted or implemented in any way. ELIGIBLE SALES:

4 Participants shall order and receive an invoice for Eligible Products (as defined herein) from an in-country Authorised Cisco Distributor (hereinafter Distributor Invoice or Distributor POS ), and have an end user located in-country to whom they will resell such Eligible Products (collectively an Indirect Eligible Sale ). Only Partner Bookings direct to an end user shall be recognized in this competition. For purposes of the Program, Authorised Distributors Express Data Australia, Ingram Micro Australia, Westcon Group Australia, Express Data New Zealand, Ingram Micro New Zealand and Westcon New Zealand, as may be amended from time to time. Products purchased from unauthorised distributors, as solely determined by Cisco, shall not be eligible for inclusion under this Program. ELIGIBLE PRODUCTS: In Category 1, only the following products will count to be measured in the Program: products that qualify against T2 POS and UCS C-Series rack-mount servers. In all cases the term Eligible Products means Cisco Products (as previously mentioned) on the Cisco Global Price List or the Cisco Australian Price List for Australia (may be amended from time to time) and purchased for resale to an end user by the VARS from an Authorised Distributor under this Program, subject to compliance with these Program Terms. Cisco reserves the right to add or subtract Eligible Products from time to time and without notice. In Category 2, In all cases the term Eligible Products means Cisco Products on the Cisco Global Price List or the Cisco Australian Price List for Australia (may be amended from time to time) and purchased for resale to an end user by the VARS from an Authorised Distributor under this Program, subject to compliance with these Program Terms. PRIZE: Each winner will each receive a return economy flight from their home country and state to Barcelona in 2014, including hotel accommodation, airport to hotel transfers, organised group meals and activities as indicated in the itinerary whilst in Barcelona. The full itinerary will be available upon announcement of winners, All spending money, meals that are not part of the itinerary, taxes, insurance, passports, visas, vaccinations, additional transfers, items of a personal nature, inroom charges and all other ancillary costs other than as set out above are not included. The winning Participant(s) agree to accept any Fringe Benefit Tax (FBT) liability on behalf of their employees. Winners will be notified and announced in February The Program prizes are not refundable, replaceable, or transferable for cash, credit, or other prizes under any circumstances. The VAR Neither an employer nor any other third party may claim the prize on behalf of the Participant. Prizes awarded under the Program may not be re-sold, bartered, or exchanged for other goods or services. All prizes are subject to availability. Prizes in the Program are subject to change due to unforeseen circumstances. Prizes have no cash value and may not be redeemed for cash or its equivalent. Prizes are not transferable.. PROGRAM TERMINATION: Unless an earlier termination or cancellation is provided herein, Cisco has the right to terminate the Program by providing written notice to all Participants two (2) weeks in advance of Program termination by posting a Notice of Termination on Cisco will also send an communication to all program Participants using the contact information provided on Registration. Any questions may be directed to the Cisco Event Team by at ciscofrontrow@veritas.com.au or contact USE OF PERSONAL INFORMATION: Personal information submitted while participating in the Program will be used to contact potential winners. Personal information means any information that may be used to identify the individual making the entry including, but not limited to, a first and last name, an address, a home, postal or other physical address, other contact information, a title, a birth date, such individual's gender, occupation or industry, or other information needed to meet the obligations of the Program. If the Participant accepts the terms and conditions of this program, the Participant grants to Cisco and the Event agency an irrevocable right to print, reproduce, publish, use, edit, adapt, display, broadcast and/or modify worldwide in any way, in any and all media, now known or hereinafter developed (without compensation to Participant), including, but not limited to, the World Wide Web and the Internet, at any time(s), the winner's name and logos, and the name, portrait, picture, likeness, and biographical information of the individual who entered on behalf of the winner, as news, information and for advertising and promotional purposes without additional compensation or review. By accepting the terms and conditions, the Participants agree to future communications regarding future Cisco promotions and general communications. WARRANTY: EXCEPT FOR WARRANTIES AND CONDITIONS IMPLIED BY LAW WHICH CANNOT BE EXCLUDED, CISCO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PROGRAM OR THE QUALITY OR SUITABILITY OF THE PRIZE. Certain legislation may imply conditions or warranties, which cannot be excluded, restricted or modified except to a limited extent. In this event, Cisco's liability is limited to the supply of an equivalent prize.

5 LIMITATIONS OF LIABILITY: BY PARTICIPATING AND ACCEPTING A PRIZE, EXCEPT FOR LIABILITY UNDER STATUTE WHICH CANNOT BE EXCLUDED, EACH PARTICIPANT AGREES THAT CISCO, ITS SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTION AGENCIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY PARTICIPANT FOR ANY CLAIMS, LIABILITY, OR CAUSE OF ACTION FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING WITHOUT LIMITATION PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE DELIVERY, ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE, PARTICIPATION IN THIS PROGRAM, OR PARTICIPATION IN ANY PROGRAM OR PRIZE RELATED ACTIVITY. FOR THE AVOIDANCE OF DOUBT, NOTHING HEREIN EXCLUDES OR LIMITS THE CISCO'S LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE, FRAUD OR WILFUL MISCONDUCT. MISCELLANEOUS: Without limiting the foregoing, Participants also acknowledge and agree to the following: Cisco reserves the right to disqualify any Participant if Cisco determines that Participant is ineligible, or if Participant's participation in the Program or receipt of a prize violates the relevant country, federal, territorial or provincial laws, or these Program Terms. Likewise, Cisco reserves the right (a) to disqualify any Participant Cisco suspects of fraud, abuse or other unlawful conduct, and (b) to disqualify any Participant who Cisco believes has purchased products in violation of Cisco's Distribution Channel Policies. Neither Cisco, its, fulfillment house(s), prize suppliers/merchants, nor other Cisco Authorised representatives will be responsible for lost, late, damaged, destroyed, undelivered, incomplete, invalid, illegible, fraudulent, or misdirected communications, or any other information supplied or received hereunder; for failed, partial, or garbled computer transmissions; or for technical failures of any kind, including but not limited to electronic malfunctioning of any network, hardware, software, electronic, or human error that may occur in relation to this Program, including but not limited to any information used or exchanged in this Program. By participating in this Program, Participants agree to release and hold harmless each of Cisco Systems, its Cisco Authorised Distributors, fulfillment house(s), prize suppliers/merchants, nor other Cisco authorised representatives, their respective subsidiaries, divisions, related companies, and all of their respective officers, directors, employees, representatives, contractors and agents, from and against, any and all alleged and actual claims and causes of action whatsoever Participant may have, or which may arise, against any of them for any loss and liability for any matter, cause or thing whatsoever, including but not limited to any personal injury, bodily injury (including but not limited to wrongful death), property damage, or loss or damage of any other kind, whether direct, compensatory, incidental or consequential, arising in whole or in part, directly or indirectly, from Participant s participation in the Program and/or Program related activities, acceptance, possession, use or misuse of a prize in the Program, and any loss, destruction, delay, interruption, modifciation or cancellation of all or any element of the Program for any reason, including without limitation strikes, boycotts, war, acts of God, labor troubles, riots, delays of commercial carriers, restraints of public authority or for any other reason, similar or dissimilar, beyond the reasonable control of Cisco. Cisco reserves the right, at its sole discretion, to cancel or suspend the Program should viruses, bugs, unauthorised human intervention, or other causes beyond the control of Cisco, in the company's sole opinion, corrupt the administration, security, fairness, integrity, or proper operation of the Program. Nothing contained in this Agreement shall be construed to: (i) give either party the power to direct and control the dayto-day activities of the other; (ii) constitute the parties as partners, joint venturers, principal and agent, employer and employee, coowners or participants in a joint undertaking; or (iii) allow Participant to create or assume any obligation on behalf of Cisco. Except where prohibited by law, the validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of New South Wales. Should there be a conflict between the laws of the State of New South and any other laws, the conflict will be resolved in favor of the laws of the State of New South Wales, provided that either party may bring an action before any court of appropriate jurisdiction for interim injunctive relief for protection of intellectual property rights and confidential information. Cisco reserves the right to cancel or modify this Program as determined by Cisco in its sole discretion. Any modification of these Program Terms shall be communicated to the Participants by posting on the Cisco Website at Void where prohibited. Please check these Program Terms frequently, as Cisco may from time to time unilaterally amend the Program Terms by posting revised language.. The most up-to-date version of these Program Terms will always be available for your review at The submission of false, incomplete, or misleading claims in connection with the Program may constitute mail or wire fraud, which are criminal offenses, and may violate federal, territorial or provincial laws as well. If a Participant moves, the Participant is required to notify Cisco of the corrected contact information by to ciscofrontrow@veritas.com.au

6 IMPORTANT NOTICE: You are solely responsible for confirming that you have your employer s permission to participate in the Program. Fringe Benefits Tax is the responsibility of the Participant. All Participants are responsible for compliance with any and all laws, rules, regulations, employment, contractual limitations, and employer s policies regarding Participant s eligibility to participate and/or receive prize(s) in this and similar programs and promotions. If an individual is participating in violation of their employer s policies, that individual and its employer may be disqualified from this Program and/or from receiving a prize. Cisco disclaims any and all liability or responsibility for disputes arising between an individual and their employer related to this matter.