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‘First Year On Us’ Promotion Terms and Conditions

Terms and conditions updated as of 09/07/2016.

Promotion Name: First Year on Us

Start Date: September 1, 2016

End Date: July 29, 2017

    1. Purpose: The purpose of this promotion is to encourage Customers to try Meraki Products and/or expand into new Meraki product lines by discounting the cost of related Meraki license purchases during the Term (the “Promotion”).
    2. Partner Eligibility: All current Cisco-authorized channel partners (including channel partners qualified by Cisco as a “Registered Partner”, “Select Partner”, “Premiere Partner” or “Gold Partner”) and all current Meraki-authorized channel partners (each a “Channel Partner”) are eligible to participate in the Promotion so long as such Channel Partner: (i) has a current and valid Resale Agreement (as defined below) with Cisco and/or a current and valid Partner Agreement (as defined below) with Meraki, and (ii) is in good standing with the Cisco or Meraki Channel Partner Program, as applicable. A Resale Agreement includes: a Cisco Indirect Channel Partner Agreement (ICPA), a Cisco Systems Integrator Agreement (SIA), or another similar Cisco agreement that authorizes the resale of Cisco Products, including Meraki Products, and Services only to End Customers. A Partner Agreement includes: a Channel Partner Agreement, a Reseller/Sub-distributor Agreement, Cisco Meraki Addendum, Meraki Channel Partner Terms and Conditions, or another similar Meraki agreement that authorizes the resale of Meraki Products only to End Customers.
    3. Promotional Discount: During the Term (as defined below), Channel Partners in the Territory (as defined below) that purchase a Meraki product license (which includes any SKUs beginning with “LIC”) with a minimum term of 3 years (and up to 10 years) will receive an extra year of licensing for the related Meraki Product at no additional charge (the “Discount”). For the avoidance of doubt, license renewals are not eligible for this Discount. For orders placed through an authorized Cisco or Meraki distributor, final pricing will be determined by the distributor.  Distributors are free to determine their minimum resale prices unilaterally.
    4. Discount Application: The Discount will be automatically applied to eligible purchases. It may take up to 30 days after Channel Partner’s end customer claims the license for this Promotion to be applied.
    5. Term. This Promotion will run from September 1, 2016 until July 29, 2017.
    6. Territory. This Promotion is available worldwide.
    7. Additional Discounts. The Discount may not be stacked with other promotions, discounts, or credits offered by Cisco or Meraki, except those approved for stacking by Cisco’s Partner Incentive Council. For orders from Meraki, this Discount may be combined with other promotions or discounts applied to Meraki Products in a single order, other than the Products to which the Discount is applied.
    8. Registration: To qualify for this Discount, (i) Channel Partners ordering via Cisco’s Global Price List must register each purchase in Cisco Commerce Workspace (CCW), and (ii) Channel Partners ordering via Meraki’s Legacy Price List must register each purchase in Meraki’s Legacy Ordering Platform.
    9. End Customers. By participating in this Promotion, each Channel Partner agrees to inform their respective customers of these terms and conditions prior to the time of sale of the Products qualifying for the Discount and to direct such customers to the following website for additional information:
    10. Audit. Cisco may require an audit of Channel Partner’s sales under this Promotion to ensure compliance with the intent of the Promotion.  Cisco reserves the right to refuse to apply this Promotion to any non-compliant sales.  Cisco may remove Channel Partner from participation in this Promotion if Channel Partner refuses an Audit under this clause.
    11. Changes. Cisco reserves the right to modify or cancel this Promotion at its discretion without notice.
    12. Remedies. In addition to any of its other remedies, Cisco reserves the right to terminate a Channel Partner from participation in this Promotion for the following reasons: (a) submission of false, misleading, or incomplete information, including claims for sales made under the Promotion; (b) other fraud or abuse of this or other Cisco marketing or sales promotions; and/or (c) the distribution of products purchased from any source other than Cisco or an authorized Cisco distributor.
    13. General
      1. This document (the “Terms and Conditions”) sets forth the terms and conditions for Channel Partner’s participation in the Promotion. Cisco will act reasonably in communicating with participants through email and the website in the event of any changes to the Promotion.
      2. Cisco reserves the right to disqualify a Channel Partner from future participation in the Promotion if the Channel Partner violates any of the provisions of these Terms and Conditions.
      3. If any eligible products which are supplied to Channel Partner under the Promotion are found to have been sold by Channel Partner in violation of these Terms and Conditions, then Cisco may, in addition to all of its other rights and remedies, undertake one or more of the following actions: invoice Channel Partner for the list price of the applicable eligible products; audit Channel Partner’s purchases and invoice Channel Partner for all reasonable costs incurred by Cisco in the performance of the audit; suspend Channel Partner’s access to price deviations and other Cisco sales and marketing programs; suspend shipments to Channel Partner; and/or terminate Channel Partner’s Resale Agreement with Cisco.
      4. Channel Partner certifies that it will comply with all laws, licenses, permits, and regulations, including, without limitation, any anti-bribery, conflict of interest, or procurement laws or regulations of any government or other competent authority where the eligible products are used (collectively “Applicable Laws”). CHANNEL PARTNER WILL INDEMNIFY AND HOLD CISCO HARMLESS FOR ANY VIOLATION BY CHANNEL PARTNER OF ANY APPLICABLE LAW.
      5. Channel Partner agrees to bear responsibility for the payment of any and all taxes (including any increased individual income or other tax or national insurance liabilities), duty, customs, national insurance and/or licenses and/or other fees or costs that may apply to Channel Partner in connection with the receipt of eligible products under the Promotion. Channel Partner acknowledges and agrees that Cisco may be obliged under applicable local laws to report to Channel Partner’s local tax authorities or customs authorities (or analogous authority) information relating to Channel Partner’s participation in the Promotion.  Liability to such taxation or social charges is the sole responsibility of Channel Partner, and Cisco gives no warranty and accepts no responsibility as to the taxation treatment of the Promotion.
      6. Confidentiality. Any information shared between Cisco and its Channel Partner(s) related to the Promotion is Confidential Information as defined under the Resale Agreement and/or Partner Agreement, as applicable.  Any breach of this confidentiality clause is a violation of these terms and conditions as well as Channel Partner’s Resale Agreement and/or Partner Agreement, as applicable and can be remedied as such.
    14. Acknowledgment. By participating in this Promotion, Channel Partner acknowledges that it has read and understood the Promotion’s terms and conditions above and that Channel Partner agrees to such terms and conditions. Participation in the Promotion does not modify or waive Channel Partner’s obligations under any other Cisco agreements or arrangements, which shall in all instances, remain in full force and effect.