Demo-unit Terms and Conditions (U.S. and
Demo-unit Terms and Conditions (U.S. and Canada) 1. Partners in good standing in the Dell PartnerDirect Program (“Partners”) shall be entitled to purchase certain products (“Demo-units”) for the purpose of providing demonstrations to end-user customers, subject to the following terms and conditions: Table 1 Who may purchase a Demo-unit? Minimum quantity requirements One (1) Dell EqualLogic or Dell Compellent Demo-unit (to meet demo requirement for Storage competency) Maximum quantity of Demo-unit a Partner may purchase Demo-unit discounts (% off thencurrent retail list price) Dell EqualLogic Demo-unit Registered, Preferred and Premier Partners Dell Compellent Demo-unit Registered, Preferred and Premier Partners One (1) Dell EqualLogic or Dell Compellent Demo-unit (to meet demo requirement for Storage competency) Five (5) unit Preferred and Premier Partners None Three (3) units per Partner site Hardware: up to 65% Dell Precision Workstation Demo-unit Partners enrolled in the Dell Workstation Strategic Partner Program None Ten (10) units per 12-month period Hardware: 50% Dell Client Demo Units: Opti 3020, 3030AIO, 7020, 9020, 9030 AIO; Latitude 3xxx, E5xxx, and 7000 Series Premier and Preferred Partners enrolled in the Dell Client Demo Program None Three (3) OptiPlex & Three (3) Latitude units per 12-month period Dell Force10 Demo-unit Dell SonicWALL Appliance Demo-unit Dell Wyse Appliance Demo-unit Dell DL1000, DR2000v, DR4100, DR6000 and DL4300 Demo-unit Preferred and Premier Partners Preferred and Premier Partners Preferred, Premier and Registered Partners None None None Page 1 of 6 Five (5) unit Six (6) units per 12-month period; each unit must be a different model (Total Secure, HW Service bundles and SonicPoints only) Fifteen (15) thin and/or zero client hardware units per 12- month period Ten (10) thin mobile client hardware units per 12-month period Two (2) units per partner site Hardware: up to 65% Hardware and software licenses: up to 65% Hardware and Software Support: 10% Hardware: 50% Hardware and 1-yr Software Support: 65% Thin and/or zero client hardware: 40% Thin mobile hardware: 15% Hardware: up to 75% (Rev 05/05/2015) 2. Requests to purchase additional Demo‐units must be supported by an appropriate justification statement by the Partner, and will not be granted without the express written approval of Dell Channel Management. In no event shall Dell be obligated to provide an equivalent discount on any additional Demo‐units it may approve for sale to a participating Partner. Partner’s purchases of Demo-unit and support hereunder are subject to and governed by Dell’s Commercial Terms of Sale, which may be found at www.dell.com/cts (or www.dell.ca/terms for Canada). 3. The Demo-unit models and configurations available for purchase are at Dell’s sole discretion and approval, and are subject to change. 4. Each participating Partner must keep its Demo‐unit in good working order. Maintenance of Demo‐units, including, but not limited to, any additional costs associated with upgrades, service, replacement‐parts, or repairs, are the sole responsibility of the Partner. 5. Except as expressly provided in Sections 7 and 8, Demo‐units are not for resale. Each Demo‐unit shall remain in the possession of the Partner to which it was originally sold, and shall be used for the sole purpose of demonstrating the product’s features and functions to end‐user customers. Partner may not use Demo-units in enduser customer’s production environment, and may not host or store existing or prospective end-user customer’s data using a Demo-unit. 6. When Dell introduces a new product or technology intended to supplant that of a Partner’s existing Dell EqualLogic or Dell Compellent Demo-unit, the participating Partner may, but is not required to, purchase a new Demo-unit to replace its existing Demo-unit. If a new Demo-unit is purchased, such replacement Demo-unit purchase will be subject to the terms and conditions herein and will be considered the Partner’s sole Demo-unit for purposes of eligibility for the discount stated in Table 1. If the participating Partner decides to not purchase a new Demo-unit and keep its existing Demo-unit, the maintenance of the existing Demo-unit will be as set forth in Section 4, and such existing Demo-unit will continue to be subject to the terms and conditions herein. 7. In conjunction with the purchase of a replacement Demo-unit as set forth in Section 6, and pursuant to Exhibits A and B hereto (“Procedure to Resell a Dell EqualLogic Demo-unit” and “Procedure to Resell a Dell Compellent Demo-unit”), a Partner may request permission from Dell to sell its preexisting Demo-unit to an approved end-user. Dell will reasonably approve such requests based on the condition of the Demo-unit, the identity of the proposed end-user purchaser, and the express assumption by the Partner of all liability associated with any such sale or offer for sale of such Demo-units. Partners understand and acknowledge that, except as expressly provided in Exhibits A and B, neither support nor software licensing will be transferred with the Demo-unit to the end-user, and that it is the Partner’s obligation to make any and all necessary disclosures to the end-user customer. 8. Partner may sell a Dell Precision Workstation Demo-unit after two years or a Dell Client Demo-unit after eighteen (18) months from the date of its original purchase from Dell to a U.S. or CA business end-user (based on country of initial sale), provided that such end-user agrees to be bound by the terms and conditions of Dell’s Commercial Terms of Sale at www.dell.com/cts (or www.dell.ca/terms for Canada). Dell DL1000, DR2000v, DR4100, DR6000 and DL4300, Dell Force10, Dell SonicWALL, and Dell Wyse, may not be resold. 9. Partner will indemnify and defend Dell against any claims, actions, or demands relating to Partner’s business activities, including but not limited to the Partner’s or thirdparty’s use or Partner’s sale of the Demo‐units. 10. These Demo‐Unit Terms and Conditions (including Exhibits A and B) are a supplement to and are subject to the terms and conditions of the Dell PartnerDirect Program, and should be read in conjunction with those agreements. In the event of a conflict or inconsistency, the order of precedence shall be as follows: (i) these Demo-Unit Terms and Conditions and Exhibits A and B; (ii) Dell’s Commercial Terms of Sale; and, finally (iii) the Dell PartnerDirect Program terms and conditions. Dell may immediately terminate Partner’s right to purchase, use, or resell Demo‐units for violation of the Demo‐Unit Terms and Conditions or of any terms and conditions governing Partner’s participation in the PartnerDirect program, or provision of Dell products or services; or for any other reason that Dell deems appropriate. Page 2 of 6 (Rev 05/05/2015) Exhibit A Procedure to Resell a Dell EqualLogic Demo-unit STEP 1: Request approval for sale of Demo-unit and provide new end-user customer information A. Before requesting permission to sell the Demo-unit, the Partner must show the following requirements have been met: • Partner owned the Demo-unit for at least six (6) months, and • Hardware must be within one generation of the most current model. B. The Partner sends an e-mail to mailto:eqlx-customer-service@dell.com requesting the resale of the Demo-unit. The Partner requesting the sale of a Demo- unit must supply the following new end-user customer information: • • • • Company Name Address Phone Contact Name & email • Serial Number or Service Tag • Service Term and Type required: (e.g. 3-year ProSupport; Next Business Day after Remote Diagnosis) • Partner contact person for requalification procedure C. This information may be checked against any pending deal registration to ensure the Demo-unit sale does not conflict with a registered opportunity. D. Once the Partner receives approval to sell the Demo-unit, proceed to Step 2. STEP 2: Service Renewal/Requalification Fee Quote Generation and Purchase Order A. The Dell Service Renewal Specialist will generate and send a quote for new service including a requalification fee to the Partner based on the service contract indicated by the Partner in Step #1 above. The requalification fee will not be reimbursed under any circumstance. B. The Partner remits a purchase order for the service contract and requalification fee. C. Upon receipt of the purchase order, Dell’s technical support team will contact the Partner requalification contact specified in Step 1 to provide them with requalification instructions. STEP 3: Conduct the requalification test procedure A. The Partner conducts the requalification test and sends the results to Dell’s technical support team for analysis. • This test takes 2-3 days to complete. • The array must not contain or host any Partner or end-user confidential, proprietary, or personal data. • The array must not be in a production environment. B. Dell’s technical support team analyzes the test results. C. In the event the array does not pass the requalification test, the Partner will be notified of the test results and the requirements to bring the array to full compliance and supportable standards, along with a cost to do so. If the Partner elects to forego the refurbishment process for the Demo-unit, the purchase order for service will be cancelled and the Partner cannot resell the Demo-unit, but is still eligible to purchase a new Demo-unit pursuant to the Demo-Unit Terms and Conditions. D. Upon successful requalification, the Partner will be sent e-mail confirmation that the Demo-unit has passed the requalification test. STEP 4: Resale to End-User Customer if the Demo-unit passed the requalification test A. Partner may resell the Demo-unit to end-user customer, provided that the Demo-unit has passed the requalification test, the end-user customer has purchased from Partner a service contract for Dell EqualLogic support for the Demo-unit, and the end-user customer has agreed to be bound by the Dell EqualLogic End User License Agreement. Page 4 of 6 (Rev 09/24/2014 B. Partner will provide end-user customer with all product warranty statements, software license agreements and other materials that Dell included with its shipments of Demo-unit to Partner. Questions? Contact Dell EqualLogic Customer Service at mailto:eqlx-customer-service@dell.com. Page 5 of 6 (Rev 09/24/2014 Exhibit B Procedure to Resell a Dell Compellent Demo-unit STEP 1: Request approval for sale of Demo-unit and provide new customer information A. Before requesting permission to sell the Demo-unit, the Partner must show the following requirements have been met: Partner must have owned the Demo-unit for at least six (6) months, Hardware must be within one generation of the most current model, “Phone Home” feature must be enabled (to allow Dell to re-certify the system remotely), and B. The Partner sends an e-mail to channelops@compellent.com requesting permission to resell a Demo-unit. The Partner requesting the sale must supply the following new end-user customer information: • • • • C. Company Name Address Phone Contact Name & email • Serial Number or Service Tag • Service Term and Type required • Partner contact person for requalification procedure This information may be checked against any pending deal registration to ensure the Demo-unit sale does not conflict with a registered opportunity. D. Once the Partner receives approval to sell the Demo-unit, proceed to Step 2. STEP 2: Conduct the requalification test procedure A. With Phone Home features enabled, Dell Compellent will conduct the remote requalification test. This process, usually conducted within one business day, reviews all hardware and software rev levels and tests system functionality. It is possible that the Demo-unit may require an on-site visit to establish requalification; if so, the Partner will be billed at the then current time and materials rates. B. Dell’s technical support team analyzes the test results. C. In the event the array does not pass the requalification test, the Partner will be notified of the test results and the requirements to bring the array to full compliance and supportable standards, along with a cost to do so. If the Partner elects to forego the refurbishment process for the Demo-unit, the Partner cannot resell the Demo-unit, but is still eligible to purchase a new Demo-unit pursuant to the Demo-Unit Terms and Conditions. D. Upon successful requalification, the Partner will be sent e-mail confirmation that the Demo-unit has passed the requalification test. STEP 3: Resale to End-User Customer if the Demo-unit passed the requalification test A. The Dell Service Renewal Specialist will send a quote to Partner for Dell Compellent Hardware Support for the end-user customer, based on the Service Term and Type indicated by the Partner in Step #1, Paragraph B above. B. Partner may resell the Demo-unit to end-user customer, provided that the Demo-unit has passed the requalification test, the end-user customer has purchased from Partner a service contract for Dell Compellent Hardware Support for the Demo-unit, and the end-user customer has agreed to and signed the Dell Compellent Software End User License Agreement. C. Partner will provide end-user customer with all product warranty statements and other materials that Dell included with its shipments of Demo-unit to Partner. Page 6 of 6 (Rev 09/24/2014) Questions? Contact your Dell Compellent Partner Development Representative or the Dell Partner Resource Desk. Page 7 of 6 (Rev 09/24/2014)
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