Dell Technologies NVIDIA AI Champions Channel Partner Incentive
Terms and Conditions
1. Acceptance of terms:
The present Dell Technologies NVIDIA AI Champions Channel Partner Incentive (“Incentive”) is subject to the following Terms and Conditions (“Incentive Terms”). In addition to these Incentive Terms, the Incentive is supplemental subject to the Dell Technologies Partner Program Agreement (EMEA) (https://www.delltechnologies.com/partner/en-gb/partner/terms-and-conditions.htm), Dell Technologies Partner Program Incentive Terms and Conditions Europe Middle East Africa (EMEA) (https://www.delltechnologies.com/content/dam/digitalassets/active/en-emea/unauth/quick-reference-guides/partner/Dell-EMC-Incentive-Terms.pdf) and together with any attachments, these constitute the entire agreement (“Agreement”) between Dell Technologies and Reseller with respect to the Incentive. In case of any conflict between the Incentive Terms and other terms of the Agreement, these Incentive Terms shall take precedence.
By participating in the Incentive, Partner agrees to be bound by these Incentive Terms and any documents and rules referred to herein. Throughout these Incentive Terms, you will be referred as a “you” or “Partner”.
We recommend that you keep a copy of these Incentive Terms for future reference.
This Incentive is open for entry to Dell Technologies Partners in the Europe, Middle East and Africa (“EMEA”) region.
For the purposes of this Incentive, “Dell Technologies” means, the business units previously referred to as “Dell” and “Dell EMC”, and excludes Dell Boomi, Pivotal, SecureWorks, Virtustream, and VMware business units.
For the purposes of these Incentive Terms, the following definitions apply:
“Incentive Period” means the validity period of this Incentive, which begins on May 3, 2021 and ends on January 28, 2022, during which the Partner will comply with these Incentive Terms and meet the criteria to participate in the Incentive.
“Partner Personnel” means an employee(s) of a Partner who participates in the Competition.
“Personal Data” shall mean any personal information relating to Partner or Partner Personnel allowing to identify such person directly or indirectly.
“Website” means https://aichampions2021.com
The Incentive is open to Dell Technologies Authorized, Gold, Platinum and Titanium Partner tiered Solution Providers (“Eligible Partners”) across the Eligible Countries who (i) are fully registered to the Incentive through the Website and (ii) have a completed Server Competency or an ISILON Technical Architect Certification, and (iii) want to specialize into AI workloads. If the Eligible Partner has not achieved their Server Competency or their Isilon Technical Architect Certification prior to the start of the Incentive, they can complete the certification by August 31, 2021.
By accepting these Incentive Terms and/or the Incentive Prize (as defined below), you acknowledge you have full authority to represent and act on behalf of your company.
The Incentive is not open to employees of Dell Technologies, their agents or anyone connected with the Incentive.
4. Description and conditions of the Incentive:
The Incentive is intended to recognize Partners every quarter who have booked an order of a minimum value of fifty thousand dollars (USD $50,000) with Dell that includes NVIDIA V100, A100, A10 and/or A30 GPUs during the Incentive Period.
To be eligible to win, Partners must book their order as per the conditions above and additionally agree to participate in a Case Study after order deployment that articulates the end customer challenge, partner solution, NVIDIA & Dell infrastructure and the Incentive.
The reward is limited to first ten orders booked in a quarter amongst all the countries in EMEA on a first come, first served basis amongst Eligible Partners.
This is a quarterly Incentive that will run for three quarters during the Incentive Period. The reward is available on both Servers and Isilon platforms and the orders must be booked with Dell before the end of every quarter.
To participate in the Incentive, the Eligible Partners must register on the Website using their corporate email account, no later than June 30, 2021.
5. Selection of winner:
5.1 The winning Partners will receive a confirmation by email.
5.2 By participating in the Incentive and accepting these Incentive Terms and Incentive Prize, the Partner acknowledges and agrees that there may be some publicity requirements that the Partner and/or the Partner Personnel will have to comply with, without further consent or payment. Such publicity may include without limitation the use of the Partner Personnel’s name and/or likeness, voice, photographs, biographical information and/or any statement made by them concerning the Incentive. The Partner is responsible for ensuring that the Partner Personnel has given their prior consent to the above conditions and has accepted and acknowledged the Incentive Terms.
6. Incentive Prize Details
The prize consists of gift vouchers of an estimated value of USD $500 or equivalent in local currency including tax (“Incentive Prize”). Costs of delivery of the Incentive Prize to the Partner address is included – with all other costs expressly excluded.
There is no cash alternative. Incentive Prize is not transferable or exchangeable. Dell Technologies may substitute the Incentive Prize with another prize of similar value in the event the original prize offered is not available. Incentive Prizes are not to be used for resale.
The Incentive Prize does not include any and all applicable taxes, duties and expenses not specified in the Incentive Prize Details. For the avoidance of doubt, the non-exhaustive costs and services listed below, are explicitly excluded from the Incentive Prize:
7. Data Protection:
The Partner and/or Partner Personnel shall provide Personal Data to Dell Technologies and its administrator agencies (namely One1000) together with such other information as may reasonably be required by Dell Technologies and its Partner agencies in order to administer the Incentive and allow the Partner to participate in the Incentive. Any Personal Data provided to Dell Technologies and its Partner agencies shall be accurate, complete, and up to date.
8. Limitation of Liability:
You acknowledge that your participation in the Incentive is strictly voluntary and is not required by Dell Technologies as a condition for purchasing products or services from Dell Technologies nor does it impact your status in the Dell Technologies Partner Program. You agree that your sole and exclusive remedy, in law, in equity, or otherwise, with respect to the Incentive and/or any breach of these Incentive Terms is withdrawal from participation in the Incentive.
9.1 The parties agree that this agreement, or any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, and equitable claims) between Partner and Dell Technologies based upon, arising from, or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships that result from this agreement, Dell Technologies’ advertising, or any related purchase shall be subject to and governed exclusively by the applicable law (without regard to its conflicts of laws rules) of the jurisdiction where the Dell Technologies entity, with which the partner transacts under this agreement, is located and registered.
9.2 By participating in the Incentive and/or accepting the Incentive Prize, the Partner acknowledges that this Incentive is compliant with its internal company rules.
9.3 In the event of a dispute as regards application of these Incentive Terms, you are welcome to raise an escalation with your Partner Account Manager, by July 31, 2021, October 31, 2021, and January 31, 2022 for each quarter respectively, at the latest. Dell Technologies will act reasonably in respect of the evidence provided to it but will use its sole discretion to make a final decision as regards criteria achievement and winners in accordance with these Incentive Terms. Dell Technologies may also extend the time limit for raising disputes where Dell Technologies feels, in its sole discretion, that it is reasonable to do so.
10. Entire Agreement:
These Incentive Terms constitute the entire agreement between Dell Technologies and Partner with respect to the Incentive.
11. Termination; Survival:
11.1 You may withdraw from the Incentive without penalty at any time by notifying Dell Technologies in writing. If you withdraw prior to the end of the Incentive, then Dell Technologies is not liable or obligated to provide any prize or incentive to you.
11.2 Dell Technologies may remove you from the Incentive at any time, without notice, if you do not comply with these Incentive Terms.
11.3 Dell Technologies reserves the right to modify, suspend or cancel the Incentive without any prior notice and takes no responsibility for entries that are lost, delayed, misdirected or incomplete or cannot be entered for any technical or other reason.
11.4 If any modification is unacceptable to you, your sole recourse is to withdraw from the Incentive by contacting your Partner Account Manager. If you continue to participate in the Incentive or accept the Incentive Prize, it will constitute your binding acceptance of the modification. You may not assign these Incentive Terms to any third party.
11.5 If any provision of these Incentive Terms is void or unenforceable, the parties agree to delete it and agree that the remainder will continue to be effective. All provisions which by their nature are intended to survive the termination of the Incentive Terms shall survive.
12. Legal Compliance
Partner is required to comply with the Dell Technologies Partner Code of Conduct available at https://corporate.delltechnologies.com/content/dam/delltechnologies/assets/whoweare/resources/Dell-Technologies-Partner-Code-of-Conduct-English.pdf.
13. Company Details
|Administrator agency name and address: |
One1000, The Ferry Point, Ferry Lane Shepperton, Middlesex TW17 9LQ – UK +44 (0)1932 212412 firstname.lastname@example.org
|Dell’s trade name and address: |
Dell Products, Raheen Industrial Estate, Limerick, Ireland VAT NO. E6591034U