Microsoft 365 Business Scholarship 2019 Benefit Terms and Conditions

Transcription

1 Microsoft 365 Business Scholarship 2019 Benefit Terms and Conditions Published: February 28, 2019 Effective: February 28, 2019 Microsoft 365 Business Scholarship 2019 Benefit Terms and Conditions - Reseller or Direct-bill Microsoft 365 Business Scholarship 2019 Benefit Terms and Conditions - Distributor 1

2 MICROSOFT 365 BUSINESS SCHOLARSHIP 2019 BENEFIT TERMS AND CONDITIONS RESELLER AND DIRECT-BILL BENEFIT DESCRIPTION Microsoft is introducing a program for eligible partners called the Microsoft 365 Business Scholarship 2019 (the Benefit ). The Benefit is designed to encourage development of partner offers based around Microsoft 365 Business and drive increased sales of Microsoft 365 Business, and it offers an enhanced training opportunity to partners who have met the qualifications laid out below. Through the Benefit, qualifying partners will have the opportunity to send one or more employees on a trip to the Greek Islands in May 2019 where the employee(s) will receive advanced training on Microsoft 365. Microsoft will cover certain costs associated with the trip. By registering for and participating in the Benefit, you agree to these Terms: BENEFIT TERMS AND CONDITIONS These terms and conditions (the Terms ) govern the Benefit and are between the organization participating in the Benefit ( you or the Partner ) and Microsoft Corporation, a Washington corporation with offices at One Microsoft Way, Redmond, WA 98052, USA ( Microsoft, we ). 1. Eligibility for the Benefit. The Benefit is open to partners that meet the following criteria ( Eligible Partners ): a. Are members of the Microsoft Partner Network; b. Participate in the Cloud Solution Provider program as a reseller or direct-bill ( Eligible Partners ). Distributors or indirect providers are not eligible for this program; and c. Have a security offering based on Microsoft 365 Business. At a minimum, the partner must have an offering that specifically promotes the value of Microsoft 365 Business. The offering must be publicly promoted; for example, it must be available on the partner s website, flyer, or in To Customer templates. Proof of the offering, e.g. URL to partner s website, must be submitted to Microsoft via Participation. Eligible Partners must tell Microsoft they wish to participate in the Benefit by registering on the program registration page ( Registration Site ) by 11:59pm Pacific Time on March 31, Completing and submitting the registration form serves as notice of intent to participate by partners ( Registered Partners ). Microsoft is not responsible for notices or registrations it does not receive for any reason. 3. Term. The Benefit begins at 12:00am July 1, 2018 and ends at 12:00am Pacific Time on April 1, 2019 unless terminated earlier pursuant to these Terms (the Benefit Term ). 4. Award a. Criteria and award. For every sale of 300 new Microsoft 365 Business seats billed between July 1, 2018 and March 31, 2019 ( Award Criteria ), Registered Partners will have the opportunity to select an employee to attend the Microsoft 365 Business Scholarship Benefit Enhanced Training, as described in Term 7 below ( Award ), up to a maximum of five employees per partner. The 300 billed seats may be across any number of customers. b. Qualification and notification. Microsoft will track partners performance against the Award Criteria 2

3 through the Registration Site. As Registered Partners qualify during the Benefit Term ( Qualified Partners ), Microsoft will notify the partners via the address set out in Term 10. The last notice will be sent by April 30, All decisions on whether a partner has qualified for the Award will be determined at Microsoft s sole discretion. c. Award acceptance. Within 15 working days of being notified by Microsoft, Qualified Partners must provide the name and position of the employee(s) who shall be attending the training trip. Each such employee shall be an individual that was involved in helping a customer receive value from Microsoft 365 Business unless agreed otherwise by Microsoft. d. Award cap. Attendance at the training trip is capped at 100 employees. Microsoft will monitor and provide notice to qualifying partners per Term 4(b) up until Microsoft receives the names of 100 employees. Microsoft will provide notice via the Benefit website once the Award cap is met. 5. Microsoft 365 Business Scholarship Benefit Enhanced Training. a. The Award consists of the following: a four-day, three-night, training trip to Greece in 2019 for an employee(s) of the Qualified Partner. The employee(s) will receive intensive, hands-on training from Microsoft on how to drive success with Microsoft 365 Business and will also have the opportunity to network with industry peers and Microsoft team members. b. In connection with the Award, Microsoft, through its travel agency, shall arrange the following: i. organization and hosting of the training; ii. three nights accommodation for the Qualified Partner s employee(s) at a hotel of Microsoft s choice on the Greek island where the training will be held; iii. roundtrip economy airfare from country of residence of Qualified Partner s employee(s) to the Greek island where the training will be held; and iv. provide a welcome package for the employee(s) upon check-in at the hotel which shall include breakfast, lunch and dinner for the employee while he/she is attending the training. c. All other arrangements (and any associated costs) in connection with the Award shall be made by the Qualified Partner and/or the individual employee(s) including, without limitation, transport in country of residence of the employee(s) to / from the airport, any snacks or drinks outside of those included in the welcome package and any additional spending money for the employee(s). The partner and / or the individual employee(s) shall be responsible for obtaining their own travel insurance. d. Microsoft shall confirm the location and date of the training no later than December 31, Notwithstanding the foregoing, Microsoft reserves the right to change the location and date of the training trip at any time, for any reason. e. In the event that a Qualified Partner employee is unable to attend the training trip on the relevant date then Partner may select another employee to go in his/her place and shall notify Microsoft of the name and position of the new employee by April 30, If no employee from partner s organization is able to attend the training trip on the relevant dates, then partner shall forfeit the Award and Microsoft shall be under no obligation to supply a substitute Award and shall have no further liability to partner in connection with the Benefit whatsoever. f. In no circumstances shall partner be able to transfer the training trip to another organization. g. Microsoft reserves the right to provide a substitute Award for any reason. 6. Changes, cancellation, suspension and expiry of Benefit. The Benefit may be cancelled, suspended or changed by Microsoft at any time, for any or no reason, at Microsoft s sole discretion. If Microsoft suspends or terminates the Benefit before the Benefit Term, you will be given notice by . Microsoft shall have no liability to you or any of your employees in the event that it cancels, suspends or changes the Benefit. 3

4 7. Taxes. You are responsible for the collection and reporting of any taxes and any costs arising out of or in connection with your participation in the Benefit, your acceptance of the Award and your employees attendance on the training trip. 8. Collection and use of your information. By participating in this Benefit, you agree that Microsoft may collect your organization s name, information about your Microsoft 365 Business offering, and the fact you are a participant in this Benefit according to the terms set out in the Microsoft Privacy Statement. In addition, you agree that Microsoft may you at the address you provide when agreeing to participate in the Benefit (or such other address you use to notify Microsoft from time to time) for the purpose of administering the Benefit (and providing any notifications referred to herein). 9. Compliance with Terms. In the event that Microsoft deems that you have violated these Terms, have abused any aspect of the Benefit, are doing anything that is unlawful or harmful to another person or entity or if you fail to obey any codes of conduct or notices we provide, then, notwithstanding anything to the contrary, Microsoft reserves the right to end your participation in the Benefit early (up to and including expulsion of Qualified Partner employee from the Award) and, in such event, you shall forfeit any qualification you have for the Benefit or Award. All questions or disputes regarding the Benefit will be resolved by Microsoft, whose decisions shall be binding on all Benefit participants. 10. Discontinuing your participation in the Benefit. At any point, you may discontinue your participation in the Benefit by ing us at: M365Bscholarship@microsoft.com. You acknowledge that none of the obligations arising from these Terms requires the payment of fees by one party to the other. 11. NO WARRANTIES. MICROSOFT, AND OUR AFFILIATES AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR PARTICIPATION IN THE BENEFIT. YOU UNDERSTAND THAT PARTICIPATION IN THE BENEFIT IS AT YOUR OWN RISK AND THAT WE PROVIDE THE BENEFIT ON AN AS IS BASIS WITH ALL FAULTS AND AS AVAILABLE. MICROSOFT DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE IN CONNECTION WITH THE BENEFIT. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES OR THAT PARTICIPATION IN THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. 12. Limitation of liability. If Microsoft breaches any part of these Terms, you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, and vendors, direct damages up to an amount equal to US$500. YOU CANNOT RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to these Terms and the Program; (without limitation) claims for breach of contract, warranty, guarantee, or condition; strict liability; negligence; misrepresentation or omission; trespass; violation of statute or regulation; or unjust enrichment. 4

5 13. Survival and notice. Terms 8 and 11 to 14 (inclusive) will survive any termination, cancellation or expiry of these Terms and the Benefit. You consent to Microsoft providing you notifications relating to the Benefit or information the law requires us to provide via to the address referred to in Term 10 above. Notices ed to you will be deemed given and received when the is sent. If you do not consent to receive notices electronically, you must end your participation in the Benefit in accordance with these Terms. You may send notices to Microsoft at M365Bscholarship@microsoft.com. 14. Governing law, jurisdiction. The laws of the State of New York govern this agreement. If federal exclusive jurisdiction exists, we each consent to exclusive jurisdiction and venue in the federal courts in New York County, New York. If not, we each consent to exclusive jurisdiction and venue in the state courts of New York County, New York. 5

6 MICROSOFT 365 BUSINESS SCHOLARSHIP 2019 BENEFIT DISTRIBUTOR TERMS AND CONDITIONS BENEFIT DESCRIPTION Microsoft is introducing a program for Distributors (aka indirect providers; Distributors ) called the Microsoft 365 Business Scholarship 2019 (the Benefit ). The Benefit is designed to encourage development of partner offers based around, and drive increased sales of, Microsoft 365 Business and it offers an enhanced training opportunity to Distributors who meet the qualifications laid out below. Through the Benefit, Distributors will have the opportunity to send one or more employees on a trip to the Greek Islands in May 2019 where the employee(s) will receive advanced training on Microsoft 365. Microsoft will cover certain costs associated with the trip. By registering for and participating in the Benefit, you agree to these Terms: BENEFIT TERMS AND CONDITIONS These terms and conditions (the Terms ) govern the Benefit and are between the organization participating in the Benefit ( you or Distributor ) and Microsoft Corporation, a Washington corporation with offices at One Microsoft Way, Redmond, WA 98052, USA ( Microsoft, we ). 1. Eligibility for the Benefit. The Benefit is open to Distributors that meet the following criteria ( Eligible Distributors ): a. Are members of the Microsoft Partner Network; and b. Participate in the Cloud Solution Provider program as a Distributor (for resellers or partners with a direct-bill business, see Terms and Conditions_MICROSOFT 365 BUSINESS SCHOLARSHIP 2019). 2. Participation. Eligible Distributors must tell Microsoft they wish to participate in the Benefit by registering on the program registration page ( Registration Site ) by 11:59pm Pacific Time on March 31, Completing and submitting the registration form serves as notice of intent to participate by partners ( Registered Distributors ). Microsoft is not responsible for notices or registrations it does not receive for any reason. 3. Term. The Benefit begins at 12:00am July 1, 2018 and ends at 12:00am Pacific Time on April 1, 2019 unless terminated earlier pursuant to these Terms (the Benefit Term ). 4. Award a. Criteria and award. For every 1,000 new Microsoft 365 Business seats billed in the Benefit Term by your CSP indirect resellers ( Award Criteria ), Registered Distributors will have the opportunity to select one employee to attend the Microsoft 365 Business Scholarship Benefit Enhanced Training up to a maximum of six employees per partner ( Award ). The 1000 billed seats may be across any number of customers. b. Qualification and notification. Microsoft will track your performance against the Award Criteria through the Registration Site. As Registered Distributors qualify during the Benefit Term ( Qualified Distributors ), Microsoft will notify the Distributor via the address set out in Term 2. The last notice will be sent by April 30, All decisions on whether a Distributor has qualified for the Award will be determined at Microsoft s sole discretion. c. Award acceptance. Within 15 working days of being notified by Microsoft, Qualified Distributors must provide the name and position of the employee(s) who shall be attending the training trip. Each such employee shall be an individual that was involved in helping a customer receive value from Microsoft 365 Business unless agreed otherwise by Microsoft. 5. Microsoft 365 Business Scholarship Benefit Enhanced Training. a. The Award consists of the following: a four-day, three-night, training trip to Greece in 2019 for an 6

7 employee(s) of the Qualified Partner. The employee(s) will receive intensive, hands-on training from Microsoft on how to drive success with Microsoft 365 Business and will also have the opportunity to network with industry peers and Microsoft team members. b. In connection with the Award, Microsoft, through its travel agency, shall arrange the following: i. organization and hosting of the training; ii. three nights accommodation for the Qualified Partner s employee(s) at a hotel of Microsoft s choice on the Greek island where the training will be held; iii. roundtrip economy airfare from country of residence of Qualified Partner s employee(s) to the Greek island where the training will be held; and iv. provide a welcome package for the employee(s) upon check-in at the hotel which shall include breakfast, lunch and dinner for the employee while he/she is attending the training. c. All other arrangements (and any associated costs) in connection with the Award shall be made by the Qualified Partner and/or the individual employee(s) including, without limitation, transport in country of residence of the employee(s) to / from the airport, any snacks or drinks outside of those included in the welcome package and any additional spending money for the employee(s). The partner and / or the individual employee(s) shall be responsible for obtaining their own travel insurance. d. Microsoft shall confirm the location and date of the training no later than December 31, Notwithstanding the foregoing, Microsoft reserves the right to change the location and date of the training trip at any time, for any reason. e. In the event that a Qualified Partner employee is unable to attend the training trip on the relevant date then Partner may select another employee to go in his/her place and shall notify Microsoft of the name and position of the new employee by April 30, If no employee from partner s organization is able to attend the training trip on the relevant dates, then partner shall forfeit the Award and Microsoft shall be under no obligation to supply a substitute Award and shall have no further liability to partner in connection with the Benefit whatsoever. f. In no circumstances shall partner be able to transfer the training trip to another organization. g. Microsoft reserves the right to provide a substitute Award for any reason. 6. Changes, cancellation, suspension and expiry of Benefit. The Benefit may be cancelled, suspended or changed by Microsoft at any time, for any or no reason, at Microsoft s sole discretion. If Microsoft suspends or terminates the Benefit before the Benefit Term, you will be given notice by . Microsoft shall have no liability to you or any of your employees in the event that it cancels, suspends or changes the Benefit. 7. Taxes. You are responsible for the collection and reporting of any taxes and any costs arising out of or in connection with your participation in the Benefit, your acceptance of the Award and your employees attendance on the training trip. 8. Collection and use of your information. By participating in this Benefit, you agree that Microsoft may collect your organization s name, information about your Microsoft 365 Business offering, and the fact you are a participant in this Benefit according to the terms set out in the Microsoft Privacy Statement. In addition, you agree that Microsoft may you at the address you provide when agreeing to participate in the Benefit (or such other address you use to notify Microsoft from time to time) for the purpose of administering the Benefit (and providing any notifications referred to herein). 9. Compliance with Terms. In the event that Microsoft deems that you have violated these Terms, have abused any aspect of the Benefit, are doing anything that is unlawful or harmful to another person or entity or if you fail to obey any codes of conduct or notices we provide, then, notwithstanding anything to the contrary, 7

8 Microsoft reserves the right to end your participation in the Benefit early (up to and including expulsion of Qualified Partner employee from the Award) and, in such event, you shall forfeit any qualification you have for the Benefit or Award. All questions or disputes regarding the Benefit will be resolved by Microsoft, whose decisions shall be binding on all Benefit participants. 10. Discontinuing your participation in the Benefit. At any point, you may discontinue your participation in the Benefit by ing us at: You acknowledge that none of the obligations arising from these Terms requires the payment of fees by one party to the other. 11. NO WARRANTIES. MICROSOFT, AND OUR AFFILIATES AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR PARTICIPATION IN THE BENEFIT. YOU UNDERSTAND THAT PARTICIPATION IN THE BENEFIT IS AT YOUR OWN RISK AND THAT WE PROVIDE THE BENEFIT ON AN AS IS BASIS WITH ALL FAULTS AND AS AVAILABLE. MICROSOFT DOES NOT GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE IN CONNECTION WITH THE BENEFIT. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES OR THAT PARTICIPATION IN THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. 12. Limitation of liability. If Microsoft breaches any part of these Terms, you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, and vendors, direct damages up to an amount equal to US$500. YOU CANNOT RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE. These limitations and exclusions apply even if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to these Terms and the Program; (without limitation) claims for breach of contract, warranty, guarantee, or condition; strict liability; negligence; misrepresentation or omission; trespass; violation of statute or regulation; or unjust enrichment. 13. Survival and notice. Terms 8 and 11 to 14 (inclusive) will survive any termination, cancellation or expiry of these Terms and the Benefit. You consent to Microsoft providing you notifications relating to the Benefit or information the law requires us to provide via to the address referred to in Term 10 above. Notices ed to you will be deemed given and received when the is sent. If you do not consent to receive notices electronically, you must end your participation in the Benefit in accordance with these Terms. You may send notices to Microsoft at M365Bscholarship@microsoft.com. 14. Governing law, jurisdiction. The laws of the State of New York govern this agreement. If federal exclusive jurisdiction exists, we each consent to exclusive jurisdiction and venue in the federal courts in New York County, New York. If not, we each consent to exclusive jurisdiction and venue in the state courts of New York County, New York. 8