Meraki Systems Manager Education Promotion Terms and Conditions

Meraki Systems Manager Education Promotion Terms and Conditions

Promotion Name: Meraki Systems Manager Education Promotion

Start Date: May 2, 2016

End Date: July 30, 2016

  1. Purpose. The purpose of the Meraki Systems Manager Promotion (the “Promotion”) enables eligible partners (each a “Partner”) to purchase the following discounted Meraki Systems Manager products (the “Eligible Products) directly from Cisco or through a Cisco authorized distributor and resell them to eligible end customers as set forth in Section 4 below.

Eligible Products

LIC-SME-1YR

LIC-SME-3YR

LIC-SME-5YR

  1. Partner Eligibility. All current Cisco-authorized and Meraki-authorized channel partners are eligible to participate in the Promotion.
  2. Promotional Discount. Purchases of Eligible Products by eligible Partners will receive an additional 25% promotional discount off the then-current list price for the Eligible Products (the “Promotion Discount”).
  3. Eligible End Customers. The Promotion Discount is available only on orders placed by Partner for the purchase of the Eligible Products for resale to an Education end customer account.
  4. Term. This Promotion will run from May 2, 2016 until July 30, 2016. Cisco reserves the right to extend the Promotion as needed.
  5. Territory.The promotion is open to any eligible Education customer worldwide.
  6. Discount Stacking. Except as set forth in numerical paragraph 3 above, and except for qualified Opportunity Incentive Program (OIP) incentives, if applicable and available to the specific Partner, and the standard discount extended to Partner under the terms of the Partner’s resale agreement with Cisco (the “Resale Agreement”), the Promotion Discount may not be stacked with other promotions, discounts, or credits offered by Cisco. 2 Tier Partners must negotiate any discounts on Eligible Products purchases with a Cisco Authorized Distributor.
  7. Audit. Cisco may require an audit of 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 purchases. Cisco may remove Partner from participation in this Promotion if Partner refuses an audit under this clause.
  8. Changes. Cisco reserves the right to terminate, suspend, modify, revoke or cancel this Promotion at its discretion without notice to Partner.
  9. Remedies. In addition to any of its other remedies, Cisco reserves the right to terminate a Partner from participation in this Promotion for the following reasons: (a) submission of false, misleading, or incomplete information; and/or (b) other fraud or abuse of this or other Cisco marketing or sales promotions.
  10. General
    1. This document (the “Terms and Conditions”) sets forth the terms and conditions for Partner’s participation in the Promotion. Cisco will act reasonably in communicating with participants through email in the event of any Promotion changes. Except as otherwise set forth herein, defined terms shall have the meaning afforded in the Resale Agreement, which remains in full force and effect.
    2. Cisco reserves the right to disqualify a Partner from future participation in the Promotion if the Partner violates any of the provisions of these Terms and Conditions.
    3. If any Eligible Products which are supplied to Partner under the Promotion are found to have been sold by 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 Partner for the list price of the applicable Eligible Products; audit Partner’s purchases and invoice Partner for all reasonable costs incurred by Cisco in the performance of the audit; suspend Partner’s access to price deviations and other Cisco sales and marketing programs; suspend shipments to Partner; and terminate Partner’s Resale Agreement with Cisco.
    4. 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”). PARTNER WILL INDEMNIFY AND HOLD CISCO HARMLESS FOR ANY VIOLATION BY PARTNER OF ANY APPLICABLE LAWS.
    5. 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 Partner in connection with the receipt of Eligible Products under the Promotion. Partner acknowledges and agrees that Cisco may be obliged under applicable local laws to report to Partner’s local tax authorities or customs authorities (or analogous authority) information relating to Partner’s participation in the Promotion. Liability to such taxation or social charges is the sole responsibility of 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 Partner(s) related to the Promotion is Confidential Information as defined under the Resale Agreement.
  11. Acknowledgement. By participating in the Promotion, Partner acknowledges that it has read and understood the Promotion’s Terms and Conditions above and that Partner agrees to such Terms and Conditions. Participation in the Promotion does not modify or waive Partner’s obligations under any other Cisco agreements or arrangements, which shall in all instances, remain in full force and effect.