Terms & Conditions - New Symantec Promotion


1. The FUSE Rebate Program ("Program") is operated by Symantec Limited of Ballycoolin Industrial Park, Blanchardstown, Co. Dublin 15, Ireland ("Symantec Limited") and VERITAS Software International Limited of Brookvale Plaza, East Park, Shannon, Country Clare, Republic of Ireland ("VERITAS") (collectively referred to in these Terms & Conditions as "Symantec"). Such Program is being administered through this website (the "Website") and is open only to those resellers who successfully register for the Program and who buy the Eligible Products (as further defined in Section 6 below) through an Authorised Distributor (as further specified in Section 8 below) ("Eligible Partners"). This Program is only applicable for resale of Eligible Products by Eligible Partners to end user customers located in Austria, Belgium, France, Germany, Ireland, Italy, The Netherlands, South Africa and United Kingdom (the "Territory"). 2. Eligible Partner may participate in the Program subject to successfully registering onto the Website and further subject to accepting all of the terms and conditions contained herein (the "Terms and Conditions"). Accordingly, it is important that the Eligible Partner reads the Terms and Conditions carefully. This is a legal and enforceable contract between Eligible Partner and Symantec and Eligible Partner will be deemed to have accepted these Terms and Conditions by clicking (1) on the "agree" or "yes" button or (2) otherwise indicating its assent to these Terms and Conditions electronically. If Eligible Partner does not agree to these Terms and Conditions, Eligible Partner needs to log off the Website and will be excluded from entry to the Program. 3. Program runs from the Rebate Start Date until 25 March 2006. 4. To participate in the Program, Eligible Partner must have registered on the Website by 30 November 2005 and also have been notified by Symantec of its successful registration in the Program by 30 December 2005. After this date, participation will not be considered, even if Eligible Partner attempts to accept the Terms and Conditions. 5. One registration into the Program only is permitted per Eligible Partner. For purposes of this Section, Eligible Partner can be an individual company or group of companies belonging to the same legal entity. Any duplicate Eligible Partners or attempted multiple registrations through the Website will be disregarded by Symantec and such attempted participants shall be excluded from the Program at Symantec's sole discretion without notice, at any time. 6. Only orders for the following Symantec products will be applicable to this Program: all Symantec Limited products available via the Symantec Limited Value and Elite licensing programs and all VERITAS products available via the VERITAS Volume Incentive Program (VIP) licensing program (the "Eligible Products"). All other Symantec Limited products, including but not limited to Symantec Limited licensing products available via the Symantec Enterprise licensing program, all Symantec Limited Box, OEM, Consumer and Appliances products, and all VERITAS products not included in the VERITAS VIP Program are specifically excluded. Symantec shall in it's sole discretion determine whether any individual Symantec product is included in the Program. 7. All sales of Eligible Products to end users who are not located in the Territory are not included in the calculation of any potential rebate under this Program. 8. Symantec will provide a list of all current authorised distributors to Eligible Partner upon successful registration for the Program ("Authorised Distributors"). Such list may be revised by Symantec from time to time, at Symantec's sole discretion. Updated listings will be available to the Eligible Partner upon request. Symantec will only consider sales of Eligible Products through Authorised Distributors when assessing performance in this Program. 9. Symantec will confirm by email (the "Confirmation Email") an Eligible Partner's successful participation in the Program. Until such time as an Eligible Partner receives this Confirmation Email the Eligible Partner cannot participate in the Program. 10. At such time that Symantec issues the Confirmation Email, Symantec will also inform Eligible Partner of its sales target (the "Quota", as further defined in Section 11 below) to be achieved during a certain period (the "Qualifying Period", as further defined in Section 13 below) by Eligible Partner. 11. The Quota is a sales target set by Symantec in its sole discretion for Eligible Partner 12. Any successfully registered Eligible Partner who meets the conditions and criteria set out in Section 13 below, will be eligible to receive a rebate, as defined in Section 14 below ("Rebate"). 13. The period considered for assessing the Rebate (the "Qualifying Period"), shall be the period starting on the Rebate Start Date and ending March 25, 2006, the "Rebate Start Date" being the 1st of each month following the date Eligible Partner is notified of acceptance into the Program. 14. If and only if the Eligible Partner exceeds 100% of the Quota during the Qualifying Period, can the Eligible Partner earn a Rebate of 5% of any amount exceeding the Quota, such sum being the "Rebatable Value". 15. Bookings of sales of Eligible Products after March 25, 2006 shall not be counted towards performance against Quota, and shall be expressly excluded from calculation of any Rebate. By way of example only the following details how the Rebate would be assessed: Quota 100,000 (as notified by Symantec in the Confirmation Email) Net Sales 140,000 (sales measured during Qualifying Period) Rebatable Value 40,000 (amount exceeding the Quota) Rebate Due 2,000 (5% of Rebatable Value) For the avoidance of doubt "Net Sales" is measured solely on the net fees received by Symantec from Symantec's Authorised Distributors, net of returns, rebates, credits, price adjustments, and similar deductions at the date of booking in respect of orders for Eligible Products on behalf of Eligible Partners. Net Sales therefore does not mean the Eligible Partner's buy price. 16. Within the first two (2) weeks of each month, Symantec may supply to the Eligible Partner a report that will detail Eligible Partner's performance against Quota (the "Performance Report"). This Performance Report is for information purposes only and may be unilaterally amended from time to time by Symantec at its sole discretion. In no event shall Symantec have the obligation to supply the Performance Report. 17. All transactions, dates and figures used in the calculation of the Rebate shall be those reflected in the Symantec booking process. The establishment of the Quota, and the measurement of Eligible Partner's performance against such Quota shall be determined by Symantec in its sole discretion. 18. Within sixty (60) days of the end of the Qualifying Period, Symantec will notify Eligible Partner the value of any Rebate due, if any. In the event that an Eligible Partner does not exceed the Quota and is therefore not eligible for a Rebate, Symantec will have no obligation to notify such Eligible Partner accordingly. 19. Upon receipt of the Rebate Report, Eligible Partner shall invoice Symantec the value of the Rebate as specified in the Rebate Report and shall supply Symantec with its bank details. 20. Symantec will make or will cause any applicable Rebate to be paid to the Eligible Partner within thirty (30) days of receipt of Eligible Partner's invoice. Any applicable Rebate payment will be made in the currency specified by Symantec in the Confirmation Email. Eligible Partner has sixty (60) days from the date of the Rebate Report to issue its invoice to Symantec in respect of the Rebate. Any invoices issued to Symantec after this time will not be reimbursable by Symantec in any event. 21. Eligible Partner shall be responsible for assessing any tax implications arising from the receipt of the Rebate and for the payment of such taxes and all other expenses. 22. Eligible Partner will indemnify and hold Symantec harmless from all claims, liabilities, damages, losses and expenses arising out of or in connection with any potential tax consequences arising from participation in the Program. Further Symantec shall withhold any applicable taxes arising from payment of any Rebate under the Program 23. By participating in the Program, Eligible Partner agrees to release and hold harmless Symantec from any and all losses, damages and rights, claims and actions of any kind in connection with the Program, or resulting from acceptance, possession or use of the Rebate. 24. Symantec shall not be liable to Eligible Partner for any damages arising from the performance of or breach of any of these Terms and Conditions, even if notice is provided of the possibility of the same. 25. These Terms and Conditions do not authorize the Eligible Partner to purchase any Eligible Product directly from Symantec. 26. Eligible Partner shall remain an independent contractor and will not have, and will not represent that it has any power, right or authority to bind Symantec, or to assume or create any obligation or responsibility, express or implied, on behalf of Symantec or in Symantec's name, except as expressly provided in these Terms and Conditions. 27. Eligible Partner may not assign any of the elements of the relationship contained within these Terms and Conditions without the prior written consent of Symantec. 28. Each party agrees that it will not (i) disclose any of the Terms and Conditions, their existence and content, the details of the relationship between Symantec and Eligible Partner (collectively, the "Confidential Information") to third parties during the Qualifying Period and for a period of five (5) years from the termination or expiration of these Terms and Conditions, unless required to be disclosed by law or a judicial authority, unless the other party has provided prior written approval, nor (ii) use any of the Confidential Information except in performance of these Terms and Conditions. 29. These Terms and Conditions constitute the entire agreement between the parties and supersede all previous agreements and representations of or on behalf of the parties with respect to the provision of the Rebate. 30. These Terms and Conditions shall be governed by, and interpreted according to, English law, and the parties submit to the jurisdiction of the English courts. If a court of law finds any provision of these Terms and Conditions unenforceable, the parties agree to replace the offending provision with an enforceable provision that most nearly achieves the intent and economic effect of the unenforceable provision.

1. The FUSE Rebate Program ("Program") is operated by Symantec Limited of Ballycoolin Industrial Park, Blanchardstown, Co. Dublin 15, Ireland ("Symantec Limited") and VERITAS Software International Limited of Brookvale Plaza, East Park, Shannon, Country Clare, Republic of Ireland ("VERITAS") (collectively referred to in these Terms & Conditions as "Symantec"). Such Program is being administered through this website (the "Website") and is open only to those resellers who successfully register for the Program and who buy the Eligible Products (as further defined in Section 6 below) through an Authorised Distributor (as further specified in Section 8 below) ("Eligible Partners"). This Program is only applicable for resale of Eligible Products by Eligible Partners to end user customers located in Austria, Belgium, France, Germany, Ireland, Italy, The Netherlands, South Africa and United Kingdom (the "Territory").

2. Eligible Partner may participate in the Program subject to successfully registering onto the Website and further subject to accepting all of the terms and conditions contained herein (the "Terms and Conditions"). Accordingly, it is important that the Eligible Partner reads the Terms and Conditions carefully. This is a legal and enforceable contract between Eligible Partner and Symantec and Eligible Partner will be deemed to have accepted these Terms and Conditions by clicking (1) on the "agree" or "yes" button or (2) otherwise indicating its assent to these Terms and Conditions electronically. If Eligible Partner does not agree to these Terms and Conditions, Eligible Partner needs to log off the Website and will be excluded from entry to the Program.

3. Program runs from the Rebate Start Date until 25 March 2006.

4. To participate in the Program, Eligible Partner must have registered on the Website by 30 November 2005 and also have been notified by Symantec of its successful registration in the Program by 30 December 2005. After this date, participation will not be considered, even if Eligible Partner attempts to accept the Terms and Conditions.

5. One registration into the Program only is permitted per Eligible Partner. For purposes of this Section, Eligible Partner can be an individual company or group of companies belonging to the same legal entity. Any duplicate Eligible Partners or attempted multiple registrations through the Website will be disregarded by Symantec and such attempted participants shall be excluded from the Program at Symantec's sole discretion without notice, at any time.

6. Only orders for the following Symantec products will be applicable to this Program: all Symantec Limited products available via the Symantec Limited Value and Elite licensing programs and all VERITAS products available via the VERITAS Volume Incentive Program (VIP) licensing program (the "Eligible Products"). All other Symantec Limited products, including but not limited to Symantec Limited licensing products available via the Symantec Enterprise licensing program, all Symantec Limited Box, OEM, Consumer and Appliances products, and all VERITAS products not included in the VERITAS VIP Program are specifically excluded. Symantec shall in it's sole discretion determine whether any individual Symantec product is included in the Program.

7. All sales of Eligible Products to end users who are not located in the Territory are not included in the calculation of any potential rebate under this Program.

8. Symantec will provide a list of all current authorised distributors to Eligible Partner upon successful registration for the Program ("Authorised Distributors"). Such list may be revised by Symantec from time to time, at Symantec's sole discretion. Updated listings will be available to the Eligible Partner upon request. Symantec will only consider sales of Eligible Products through Authorised Distributors when assessing performance in this Program.

9. Symantec will confirm by email (the "Confirmation Email") an Eligible Partner's successful participation in the Program. Until such time as an Eligible Partner receives this Confirmation Email the Eligible Partner cannot participate in the Program.

10. At such time that Symantec issues the Confirmation Email, Symantec will also inform Eligible Partner of its sales target (the "Quota", as further defined in Section 11 below) to be achieved during a certain period (the "Qualifying Period", as further defined in Section 13 below) by Eligible Partner.

11. The Quota is a sales target set by Symantec in its sole discretion for Eligible Partner

12. Any successfully registered Eligible Partner who meets the conditions and criteria set out in Section 13 below, will be eligible to receive a rebate, as defined in Section 14 below ("Rebate").

13. The period considered for assessing the Rebate (the "Qualifying Period"), shall be the period starting on the Rebate Start Date and ending March 25, 2006, the "Rebate Start Date" being the 1st of each month following the date Eligible Partner is notified of acceptance into the Program.

14. If and only if the Eligible Partner exceeds 100% of the Quota during the Qualifying Period, can the Eligible Partner earn a Rebate of 5% of any amount exceeding the Quota, such sum being the "Rebatable Value".

15. Bookings of sales of Eligible Products after March 25, 2006 shall not be counted towards performance against Quota, and shall be expressly excluded from calculation of any Rebate.

By way of example only the following details how the Rebate would be assessed:

Quota 100,000
(as notified by Symantec in the Confirmation Email)
Net Sales 140,000
(sales measured during Qualifying Period)
Rebatable Value 40,000
(amount exceeding the Quota)
Rebate Due 2,000
(5% of Rebatable Value)

For the avoidance of doubt "Net Sales" is measured solely on the net fees received by Symantec from Symantec's Authorised Distributors, net of returns, rebates, credits, price adjustments, and similar deductions at the date of booking in respect of orders for Eligible Products on behalf of Eligible Partners. Net Sales therefore does not mean the Eligible Partner's buy price.

16. Within the first two (2) weeks of each month, Symantec may supply to the Eligible Partner a report that will detail Eligible Partner's performance against Quota (the "Performance Report"). This Performance Report is for information purposes only and may be unilaterally amended from time to time by Symantec at its sole discretion. In no event shall Symantec have the obligation to supply the Performance Report.

17. All transactions, dates and figures used in the calculation of the Rebate shall be those reflected in the Symantec booking process. The establishment of the Quota, and the measurement of Eligible Partner's performance against such Quota shall be determined by Symantec in its sole discretion.

18. Within sixty (60) days of the end of the Qualifying Period, Symantec will notify Eligible Partner the value of any Rebate due, if any. In the event that an Eligible Partner does not exceed the Quota and is therefore not eligible for a Rebate, Symantec will have no obligation to notify such Eligible Partner accordingly.

19. Upon receipt of the Rebate Report, Eligible Partner shall invoice Symantec the value of the Rebate as specified in the Rebate Report and shall supply Symantec with its bank details.

20. Symantec will make or will cause any applicable Rebate to be paid to the Eligible Partner within thirty (30) days of receipt of Eligible Partner's invoice. Any applicable Rebate payment will be made in the currency specified by Symantec in the Confirmation Email. Eligible Partner has sixty (60) days from the date of the Rebate Report to issue its invoice to Symantec in respect of the Rebate. Any invoices issued to Symantec after this time will not be reimbursable by Symantec in any event.

21. Eligible Partner shall be responsible for assessing any tax implications arising from the receipt of the Rebate and for the payment of such taxes and all other expenses.

22. Eligible Partner will indemnify and hold Symantec harmless from all claims, liabilities, damages, losses and expenses arising out of or in connection with any potential tax consequences arising from participation in the Program. Further Symantec shall withhold any applicable taxes arising from payment of any Rebate under the Program

23. By participating in the Program, Eligible Partner agrees to release and hold harmless Symantec from any and all losses, damages and rights, claims and actions of any kind in connection with the Program, or resulting from acceptance, possession or use of the Rebate.

24. Symantec shall not be liable to Eligible Partner for any damages arising from the performance of or breach of any of these Terms and Conditions, even if notice is provided of the possibility of the same.

25. These Terms and Conditions do not authorize the Eligible Partner to purchase any Eligible Product directly from Symantec.

26. Eligible Partner shall remain an independent contractor and will not have, and will not represent that it has any power, right or authority to bind Symantec, or to assume or create any obligation or responsibility, express or implied, on behalf of Symantec or in Symantec's name, except as expressly provided in these Terms and Conditions.

27. Eligible Partner may not assign any of the elements of the relationship contained within these Terms and Conditions without the prior written consent of Symantec.

28. Each party agrees that it will not (i) disclose any of the Terms and Conditions, their existence and content, the details of the relationship between Symantec and Eligible Partner (collectively, the "Confidential Information") to third parties during the Qualifying Period and for a period of five (5) years from the termination or expiration of these Terms and Conditions, unless required to be disclosed by law or a judicial authority, unless the other party has provided prior written approval, nor (ii) use any of the Confidential Information except in performance of these Terms and Conditions.

29. These Terms and Conditions constitute the entire agreement between the parties and supersede all previous agreements and representations of or on behalf of the parties with respect to the provision of the Rebate.

30. These Terms and Conditions shall be governed by, and interpreted according to, English law, and the parties submit to the jurisdiction of the English courts. If a court of law finds any provision of these Terms and Conditions unenforceable, the parties agree to replace the offending provision with an enforceable provision that most nearly achieves the intent and economic effect of the unenforceable provision.