NEXT UPS Systems PLUS PARTNER PROGRAM – TERMS AND CONDITIONS
The NEXT UPS Systems (“NEXT UPS Systems”) reseller partner participating in this PLUS Partner Program (“PARTICIPANT”) hereby agrees to the following (“AGREEMENT”):
A. PLUS Partner Program (“PROGRAM”) Eligibility:
To be eligible for this Program:
•PARTICIPANT must be a reseller of information technology products and/or services (servers, storage, workstations, networking gear, notebook computers, computer peripherals, etc.) or power products and/or services to end users.
•PARTICIPANT must have a valid tax ID.
•PARTICIPANT shall demonstrate commitment and dedication to the development of incremental business in NEXT UPS Systems products as well as to increasing awareness of the NEXT UPS Systems brand name.
•PARTICIPANT agrees to be bound by the terms and conditions of this Agreement and any modifications to the terms of this Agreement in order to be eligible for the PLUS PROGRAM.
•PARTICIPANT agrees to NEXT UPS Systems’s standard terms and conditions for the sale of NEXT UPS Systems products and services for all purchases of products or services made under this Agreement.
B. Obligations of NEXT UPS Systems
•NEXT UPS Systems shall designate PARTICIPANT as a BUSINESS PARTNER in the PROGRAM should PARTICIPANT complete the BUSINESS PARTNER requirements as defined in Schedule A. NEXT UPS Systems shall provide PARTICIPANT with all the benefits afforded to a BUSINESS PARTNER.
•NEXT UPS Systems shall designate PARTICIPANT as a POWER PARTNER in the PROGRAM should PARTICIPANT complete the defined requirements (as defined in Schedule A) and shall provide PARTICIPANT with all the benefits afforded to a POWER PARTNER (POWER & POWER+).
•NEXT UPS Systems shall designate PARTICIPANT as a POWER+ PARTNER in the PROGRAM should PARTICIPANT complete the defined requirements (as defined in Schedule A) and shall provide PARTICIPANT with all the benefits afforded to a POWER+ PARTNER.
C. Obligations of PARTICIPANT
•PARTICIPANT agrees to receive communications from time to time from NEXT UPS Systems on products and promotions directly relevant to the PARTICIPANT’S line of business.
•PARTICIPANT agrees to allow NEXT UPS Systems to use PARTICIPANT’S name in promotional materials, including press releases, presentations, customer references and reseller lists regarding the sale of NEXT UPS Systems products. NEXT UPS Systems will obtain PARTICIPANTS prior written approval for publicity documents that contains claims, quotes, endorsements or attributions by PARTICIPANT.
•PARTICIPANT shall keep confidential all data, information, specifications, documentation, and other material (tangible or intangible) which is disclosed by NEXT UPS Systems to PARTICIPANT in connection with the PROGRAM and designated by NEXT UPS Systems as confidential (the “Confidential Information”). PARTICIPANT’S obligations and NEXT UPS Systems’s rights under this Section shall survive any expiration or termination of this AGREEMENT for any reason whatsoever for a period of five (5) years thereafter.
•PARTICIPANT must provide NEXT UPS Systems their unique customer number from each of NEXT UPS Systems’s Authorized IT Distributor(s) (as defined in Schedule C) with which it does business. Orders associated with each of these customer numbers at NEXT UPS Systems’s Authorized Distributors will receive the defined benefits (as defined in schedule B).
•PARTICIPANT must comply with all federal, state and local laws and regulations governing the advertising, marketing and sale of NEXT UPS Systems Products.
•PARTICIPANT may not represent NEXT UPS Systems products in a negative, misleading or deceptive manner. NEXT UPS Systems has final say as to what is negative, misleading or deceptive.
•PARTICIPANT will not compete against NEXT UPS Systems in selling services or in performing service on NEXT UPS Systems product.
•PARTICIPANT shall comply with any logo or trademark usage guidelines issued by NEXT UPS Systems in connection with the PROGRAM.
D. Miscellaneous
•The term of this AGREEMENT shall commence upon the date NEXT UPS Systems provides written notice (includes email notice) to PARTICIPANT of its acceptance into the PROGRAM. Each party may terminate this AGREEMENT with or without cause at any time upon written notice to the other party. Upon termination, PARTICIPANT will be removed from the PROGRAM and all future purchases/sales, from the date of termination, will not be eligible for any discounts allowed for in this Program.
•Participant understands that the term of this AGREEMENT is two (2) years, which may be renewed by NEXT UPS Systems for additional terms at NEXT UPS Systems’s discretion.
•The Program is valid only for purchases/sales in the United States.
•NEXT UPS Systems reserves the right to modify the terms of this Agreement or withdraw the Program at any time at its sole discretion.
•If the Obligations of the Participant are not met, NEXT UPS Systems reserves the right to terminate the Participant’s partnership in the program.
•If the Tiered Membership Level Requirements are not met in 6 months, NEXT UPS Systems reserves the rights to change the Participants program level.
Preferred Partner Program Schedules
Schedule A – Tiered Membership Level Requirements
BUSINESS Partner:
•Successfully complete online registration form and be approved in writing by NEXT UPS Systems
•Agree to the program Terms and Conditions by checking the box inside the partner profile in the PLUS portal.
•Meet and execute the Terms and Conditions set forth in this document
POWER Partner:
•Must have completed all requirement of BUSINESS level, as stated above
•Have a minimum in qualifying annual NEXT UPS Systems resales (depending on partner level)
•Be in good standing with the Program for a minimum of 6 months
•Have a minimum of one individual complete Introductory trainings and one individual complete the Partner Program trainings and bi-annual renewal as required
•Display NEXT UPS Systems’s logo, web banner, or brand listed on partner’s web site (depending on partner level)
•Complete Annual Business Plan
POWER+ Partner:
•Must have completed all requirements of POWER level, as stated above
•Have a minimum in qualifying annual NEXT UPS Systems resales (depending on partner level)
Schedule B – Program Benefits
Deal Registration: BUSINESS, POWER and POWER+ Partners are eligible to register deals through NEXT UPS Systems’s deal registration programand/or thru their dedicated AM. Deals that are approved through the deal registration program are eligible for special pricing consideration. NEXT UPS Systems reserves the right to approve and/or reject deal registration requests at their discretion. More than one partner may be granted deal registration approval for certain type of opportunities, such as public sector requirements or RFP’s. Each scenario will be evaluated on a deal by deal basis. In the event a non-exclusive deal registration is granted, the Partners involved will be notified. Approved deal registration may be subject to termination at NEXT UPS Systems’s discretion with or without notice.
Marketing Development Funds: POWER+ Partners are eligible to request marketing development funds through NEXT UPS Systems’s marketing development funds program. The completion of an Annual Business Plan is required in order to receive funding consideration. The Business Plan must also be dated in the same year the Partner is requesting fund usage.
Online Portal Access: BUSINESS, POWER and POWER+ Partners are granted access to the NEXT UPS Systems PLUS partner portal.
Logo Usage: POWER Partners are eligible to use, in compliance with NEXT UPS Systems’s logo guidelines, as dictated by the terms of use, the NEXT UPS Systems POWER reseller logo. POWER+ Partners are eligible to use, in compliance with NEXT UPS Systems’s logo guidelines, the NEXT UPS Systems POWER+ reseller logo.
Price Discounts: BUSINESS, POWER and POWER+ Partners are eligible to receive a discount on eligible products purchased from NEXT UPS Systems’s Authorized Channel Distributors (as defined in schedule C). Eligible products and NEXT UPS Systems Authorized Channel Distributors are subject to change without notice.
Deal Registration discounts are available on eligible products. The discount is applied to the Channel Distributor purchase price which are subject to channel distribution mark-up or complete pass through to the NEXT UPS Systems Partner. The discount will be reflected in the price charged by the distributor. NEXT UPS Systems reserves the right to modify the deal registration discount matrix and eligible product without notice.
Schedule C – NEXT UPS Systems Authorized Distributors
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TD/Synnex
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