Terms & Conditions



Terms & Conditions for Engage & Grow in the UK

Terms & Conditions for Engage & Grow in the United Arab Emirates, Oman, Bahrain, Kuwait, Qatar, Yemen

Terms & Conditions for Engage & Grow in the Netherlands

Terms & Conditions for Engage & Grow in Belgium and Luxembourg

Terms & Conditions for Engage & Grow in Saudi Arabia

Terms & Conditions for Engage & Grow in the Republic of South Africa

Terms & Conditions for Engage & Grow in Israel

Terms & Conditions for Engage & Grow in Egypt

 


Terms & Conditions for Engage & Grow in the UK

 

For HPE Distributors in the UK

 

INTRODUCTION

  1. Engage & Grow is an incentive program for HPE Distributors in the UK (“E&G”). E&G is designed to incentivize sales representatives and, in certain instances, sales teams. Within the overall E&G framework, different incentives are made available for participation by HPE Distributors in the UK. In the context of each incentive, bonus points are awarded for different activities, including the achievement of defined sales goals (for distributors only), sales of eligible HPE products or solutions and certain non-sales activities (training, download, etc.). These bonus points are converted into cash premiums at the end of each incentive period, awarded through prepaid credit cards.
  2. The Promoter of E&G is Hewlett Packard Limited (“HPE”). HPE has appointed Aximpro GmbH, with its registered office in Freising (Germany) (“Aximpro”) to administer E&G on HPE’s behalf as its authorised subcontractor.
  3. In the UK, participation in E&G is open to HPE Distributors with a valid HPE Partner Agreement, (“Participants”) and is governed by the terms and conditions set out herein (“Program Terms”) These Program Terms apply in conjunction with, and as an addendum to, the HPE Partner Agreement. In the event of any conflict between these Program Terms and the HPE Partner Agreement, these Program Terms will govern any subject matter of this E& G program. Capitalized terms not otherwise defined in these Program Terms are defined in the HPE Partner Agreement.
  4. Registration and participation in E&G constitutes full and unconditional acceptance of these Program Terms. Participant registration must be effected by a duly authorized representative of Participant.
  5. E&G applies only to product sales made within the incentive period as set out on the HPE E&G Portal at the following link: www.engageandgrow.eu (“E&G Portal”) and after successful registration to E&G. No bonus points will be awarded retroactively in relation to sell-out or activities performed before successful registration.
  6. A limited budget of bonus points is available for each promotion (incentive) of Engage & Grow for the partners. For distributors, separate bonus limitations also exist for selected promotions, which are communicated in advance. As soon as the maximum limit has been reached for a promotion, i.e. the available budget is fully utilised, no further bonus points will be allocated for this promotion. The percentage status of the budget utilisation can be viewed in the E&G portal.
  7. E&G does not apply to loan contracts for products to third parties.
  8. Only new products and/or support qualify for the award of bonus points. Demonstration models, re-marketing products or used devices are excluded from E&G.
  9. E&G applies only to HPE product or support sales in your “Territory”, which means (a) the EEA + Switzerland if you are registered in any country within this region; or (b) outside the EEA + Switzerland, the country where your company is registered. HPE reserves the right to terminate your participation in the Program with immediate effect if you sell outside your Territory.
  10. HPE expects Participants in E&G to uphold the highest standards of integrity in all business interactions. HPE has a zero tolerance policy prohibiting any and all forms of bribery, corruption, extortion, kickbacks and embezzlements. All E&G Participants are strictly prohibited from promising, offering, authorizing, giving or accepting anything of value, either directly or indirectly through a third party, in order to obtain or retain business, direct business to any person, or otherwise gain an improper advantage. For purposes of this policy, “anything of value” includes, but is not limited to, gifts, favours, entertainment, and meals, regardless of their value.
  11. E&G Participants shall, and shall procure that their representatives and employees, comply with all applicable anti-corruption laws, including but not limited to the U.S. FCPA and the U.K. Bribery Act 2010 (collectively, the “Anti-Corruption Laws”). In addition to the Anti-Corruption Laws, there may be other applicable local laws or regulations related to gifts to and entertainment of government officials and/or commercial entities. By joining E&G, you acknowledge and agree that you (and will procure that your representatives) will not make any payment or transfer anything of value, offer, promise or give a financial or other advantage or request, agree to receive or accept a financial or other advantage either directly or indirectly to anyone with the intent to obtain or retain business or otherwise gain an improper business advantage. You also acknowledge and agree that every one of your representatives and employees who will be participating in E&G have been informed of and have agreed to abide by these terms.
  12. HPE also prohibits Participants in E&G, or their representatives or employees, from offering or providing cash or non-cash gifts, kickbacks, or entertainment to any HPE employee for any improper purpose, such as influencing him or her to take a course of action. HPE employees are similarly prohibited from soliciting such items. This prohibition extends to immediate family members of both E&G participants and HPE employees.
  13. These T&Cs and the services and deliverables, if any, provided or transferred hereunder are subject to the import, export, sanctions and embargo laws and regulations of the United States, European Union and other national governments (“International Trade Laws”). You agree to comply with all applicable International Trade Laws and to obtain any required authorizations, and must not undertake any transactions pursuant to these Program Terms in or with sanctioned or embargoed countries (currently Cuba, Iran, N. Korea, Sudan, Syria and the Crimea Territory of Ukraine) or with persons or entities subject to sanctions under applicable.
  14. You agree to complete and comply with any regulatory compliance programs if and when asked by HPE.
  15. HPE may amend the Program Terms, including the conditions for the award of bonus points, at any time. Amendments shall come into force thirty (30) days after the date of publication of the amended Program Terms and/or the conditions for bonus points on the E&G Portal.
  16. HPE may terminate the participation of a Participant by way of written notification without notice if the Participant (including their sales team or individual sales representatives) do not fulfil the program requirements as set out in clause 3 or acts in a negligent manner.
  17. HPE reserves the right to suspend or terminate E&G at any time, stating or not stating reasons, by providing thirty (30) days written notice on the E&G Portal. Participation in E&G shall terminate automatically on termination of the HPE Partner Agreement.
  18. Disputes arising in connection with E&G shall be governed by the laws applicable to your HPE Partner Agreement, and the courts of that country shall have exclusive jurisdiction.

 

EXCUSION OF LIABILITY

  1. Guarantees and assurances: To the extent permitted by law, neither HPE, nor Aximpro nor any other agents, employees or suppliers used for execution and administration of E&G grant (either directly or indirectly) any guarantees nor do they give any assurances for the following:
    1. that participation in E&G and/or access to E&G, in full or in part, program materials, content, information and/or any functions contained therein shall be granted in good time, securely or free of error; and or
    2. that, as a result of any online activity related to E&G, no computer viruses shall be transmitted or no damage to the computer system of Participants shall arise.
  2. Limitation of liability: To the extent permitted by law and with the exception of personal injury (including death), Participant expressly declares that he agrees to the fact that HPE, Aximpro and (if relevant) their agents, sub-contractors or suppliers are not responsible for liability, loss, claims, expenses or damages due to loss of due to the loss of profit, goodwill, data or other material loss, whether direct or indirect, or other incidental, special or consequential losses which result from the following:
    1. participation in E&G, use of E&G, redemption of the premiums and use of the premium items including but not limited to incorrect credits to or debits from the account of a Participant that are carried out by any person using the user ID of that Participant and/or modification, alteration to or deletion of any personal data of the person possessing the user ID;
    2. modifications to, or cessation of distribution of any products, goods or services and/or their removal from E&G or incentives planned thereunder and/or any evaluation of premiums within E&G that results from such modifications, deletion or removal.
  3. Tax liability: Participants (or their employee to whom the benefits is given as the case may be) will be directly responsible for accounting for and paying to their local tax offices any tax liability, social security or National Insurance (NI) contributions arising from participation in E&G. HPE and Aximpro will not assume any liability for tax, social security or NI arising from participation in any incentive offered in E&G.
    In order to receive a voluntary compensation payment for HPE for local taxes incurred in relation to the pay-outs for the E&G programme, participants must provide valid and complete bank details on the E&G portal. The compensation payment will only be made from the first quarter as of which bank details are provided in the E&G portal.
    A payment will only be made by HPE/Aximpro from an incentive amount of 10 BP / EUR. Remaining bonus points under the minimum amount shall lapse at the end of the promotion period.
  4. Notices: notices to Participants can be sent by email or post or be posted on the E&G Portal can also contain notices about amendments to the Program Terms or other general notices in relation to E&G for Participants through the display of notices or links to notices.

 

RULES AND CONDITIONS OF INDIVIDUAL INCENTIVES

  1. E&G comprises of a number of different incentives with defined incentive periods, eligible products and solutions. HPE products and solutions eligible for E&G can be found in the relevant incentive product list on the E&G Portal. A list of the relevant conditions for the award of bonus points under each incentive as well as the incentive period can also be viewed on the E&G Portal.
  2. Each Participant shall nominate individual employees and representatives from their organisation who they agree can participate in E&G. The bonus points and premiums shall only be awarded to them and apply only for their advantage. Only nominated individuals who agree to the terms and conditions of the relevant incentive can participate in the incentive. Public sector companies are not eligible to participate in E&G.
  3. Participants agree to instruct each individual E&G participant to keep his personal profile on the E&G Portal up-to-date. Participants agree to notify Aximpro if an individual participant in E&G leaves Participant employment. Any personal data which individual participants may provide will be used by HPE and Aximpro for the purposes of this program only.
  4. In cases of dispute, which arise from E&G, HPE, or Aximpro on HPE’s behalf, has the right, in particular in cases of dispute concerning bonus point allocation within the framework of E&G, to make final decisions.

 

PROGRAM POINTS AND TIME FRAMES

  1. Each individual participant who has been nominated by a Participant can find detailed information after his/her first login on the web site at the E&G portal.
  2. Any applicable bonus points will be based on the date of the sales invoice submitted by the Participant.
  3. All relevant data on the sales of the whole team nominated by a Participant and the number of bonus points can be inspected on the E&G Portal.
  4. After the end of the incentive period, participants (individuals or teams) nominated by their employer (i.e. the Participant) shall receive a sum of money corresponding to the value of their bonus points on the prepaid credit card for the purchase of premiums/goods.
  5. One bonus point equals one € (Euro) The loading of the credit cards will take place in Euro.
  6. The distribution of the bonus points to respective individual participants will be made by the relevant Participant’s sales team or the Participant’s program administrator as nominated by a Participant. The Participant’s administrator will be defined in the Participant’s registration and setup process on the E&G Portal. Once the bonus points are available for distribution, the sales team/Participant’s program administrator will be informed by Aximpro. From this point onwards, the points will be available for 4 weeks for distribution. After this time period, the bonus points will expire.

    For Partner Ready Silber and Business Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 5000 BP per company (with a minimum of 5 or more sales employees).

    For Proximity Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 2000 BP per company (with a minimum of 2 or more sales employees).

  7. In the case of an incorrect premium payment, the Participant is obliged to refund the overpaid sum within twenty-eight (28) days of receiving a correction letter from Aximpro.
  8. It is compulsory to login to the portal within 30 days in order to participate.

 

USE OF CREDIT CARDS

  1. Within the registration process the duly authorized representative of Participant decides whether Participant uses one credit card for the entire company or multiple cards for every member of the sales team to honour individual sales achievements of sales managers. After the end of the relevant incentive period, this card shall be topped up by the Participant’s program administrator with a certain sum of money. The Participant’s program administrator /sales team shall decide individually on the award of bonus points in the sales team and on the amount of the sums of money to be topped up.
  2. The transmission of all relevant data (such as individual participant’s name, delivery address, company name) for the assignment of a credit card by means of the E&G Portal is the responsibility of the individual participants nominated by the Participant to take part in an incentive. HPE reserves the right to approve participation in the credit card program in its sole discretion.
  3. The users of credit cards shall use such cards in accordance with the conditions set out https://engageandgrow.eu/CCTCs
  4. The credit card user (i.e. each individual participant) is responsible for the use of the card and solely liable for the use and any loss which may arise through incorrect use or through giving incorrect information. Each individual participant in E&G is entitled to receive a maximum of only one card.
  5. The individual participant may not use the credit cards for the purpose of tax evasion or avoidance, or for any unethical or criminal behaviour.
  6. The individual participant is not permitted to lend the credit card to third parties or to allow third parties to make purchases with the prepaid card.
  7. The credit card is and remains the property of HPE’s sub-contractor, Aximpro.
  8. The credit cards may not be destroyed except on express, written request of Aximpro. In the case of wilful destruction of a card, the costs for replacement shall be borne by the relevant individual participant who holds the credit card.
  9. Any loss of the credit card shall be reported promptly and directly to support@aximpro.com. Any costs through misuse that arise because the loss was not reported shall be borne by the individual participant credit card user.
  10. Aximpro, acting on behalf of HPE, is entitled at any time to block, restrict or cancel the credit cards if there are any concerns about the security of the credit card. This would be the case, for example, in the case of fraudulent intent, non-permitted use, in the case of theft or loss of the card. Before these measures are implemented, Aximpro shall inform the individual participant credit card user concerned in the run-up or directly thereafter depending on the urgency. A replacement credit card shall be provided immediately or as soon as the situation no longer exists in this form. If necessary, the individual participant credit card user shall be required to fill in a complete declaration and return it to Aximpro. The individual participant credit card user declares that he is prepared to support Aximpro in all investigations becoming necessary.
  11. All data in connection with the credit card shall be kept strictly confidential in accordance with applicable data protection laws and regulations. The data shall be used only for activities related to the use of the credit card.
  12. The credit cards remain valid for the period stated on the on the credit card.
  13. The program can be interrupted or terminated by HPE without stating reasons.
  14. For fraudulent deception regarding the card holder/use, the credit card will be blocked and the participant will be excluded from the E&G programme.
  15. Only 1 credit card can be activated per registered participant.

 

ONLINE TRAINING

  1. HPE Group will analyse which training you have attended, for ensuring you as HPE reseller have acquired enough knowledge about HPE products and services. In this context HPE may suggest you to attend further trainings.

Terms & Conditions for Engage & Grow in the United Arab Emirates,
Oman, Bahrain, Kuwait, Qatar, Yemen

 

For HPE Distributors, Partner Ready Silver and Business Partners and proximity partners

 

INTRODUCTION

  1. Engage & Grow (“E&G”) is an incentive program for HPE Partner Ready Silver and Business partners, HPE Distributors as well as, with limitations, proximity partners. E&G is designed to incentivize sales representatives and, in certain instances, sales teams. Within the overall E&G framework, different incentives are made available for participation by partners and HPE Distributors. In the context of each incentive, bonus points are awarded for different activities, including the achievement of defined sales goals (for distributors only), sales of eligible HPE products or solutions and certain non-sales activities (training, download, etc.). These bonus points are converted into cash premiums at the end of each incentive period, awarded through prepaid credit cards.
  2. The Promoter of E&G is Hewlett Packard enterprise BV Amstelveen, Meyrin Branch (“HPE”). HPE has appointed Aximpro GmbH, with its registered office in Freising (Germany) (“Aximpro”) to execute E&G on HPE’s behalf as its subcontractor.
  3. Participation in E&G is open to proximity partners, HPE Partner Ready Business and Silver Partners and HPE Distributors with a valid HPE Partner Agreement, if they adhere to the present Terms & Conditions (“Participants”). Proximity partners may participate in E&G as long as their total sales of HPE products and solutions in a HPE fiscal year remain below the applicable country thresholds for HPE Partner Ready Business Partners. Once a proximity partner reaches this thresholds, he has to apply for Business Partner on-boarding. If he has not been on-boarded successfully within 4 weeks after the beginning of the quarter following the quarter when he reached the threshold, his participation in E & G will be terminated automatically and he will not be eligible for bonus points as of that quarter. Reviews will be done quarterly.
  4. Registration and participation in E&G constitutes full and unconditional acceptance of these Terms & Conditions. Participant registration must be effected by a duly authorized representative of Participant.
  5. E&G applies only to product sales made within the incentive period as set out on the portal and after successful registration to E&G. No bonus points will be awarded retroactively in relation to sell-out or activities performed before successful registration.
  6. A limited budget of bonus points is available for each promotion (incentive) of Engage & Grow for the partners. For distributors, separate bonus limitations also exist for selected promotions, which are communicated in advance. As soon as the maximum limit has been reached for a promotion, i.e. the available budget is fully utilised, no further bonus points will be allocated for this promotion. The percentage status of the budget utilisation can be viewed in the E&G portal.
  7. E&G does not apply to loan contracts for products to third parties.
  8. Only new products and/or support qualify for the award of bonus points. Demonstration models, re-marketing products or used devices are excluded for this purpose.
  9. E&G applies only to HPE product or support sales in your “Territory”, which means (a) the EEA + Switzerland if you are registered in any country within this region; or (b) outside the EEA + Switzerland, the country where your company is registered. HPE reserves the right to terminate your participation in the Program with immediate effect and without indemnity if you sell outside your Territory.
  10. HPE expects partners participating in E&G to uphold the highest standards of integrity in all business interactions. HPE has a zero tolerance policy prohibiting any and all forms of bribery, corruption, extortion, kickbacks and embezzlements. All E&G Participants are strictly prohibited from promising, offering, authorizing, giving or accepting anything of value, either directly or indirectly through a third party, in order to obtain or retain business, direct business to any person, or otherwise gain an improper advantage. For purposes of this policy, “anything of value” includes, but is not limited to, gifts, favors, entertainment, and meals, regardless of their value.
  11. E&G Participants, and their representatives and employees, agree to comply with all applicable anti-corruption laws, including but not limited to the U.S. FCPA and the U.K. Bribery Act (collectively, the “Anti-Corruption Laws”). In addition to the Anti-Corruption Laws, there may be other applicable local laws or regulations related to gifts to and entertainment of government officials and/or commercial entities. By joining E&G, you acknowledge and agree that you will not make any payment or transfer anything of value, offer, promise or give a financial or other advantage or request, agree to receive or accept a financial or other advantage either directly or indirectly to anyone with the intent to obtain or retain business or otherwise gain an improper business advantage. You also acknowledge and agree that every one of your representatives and employees who will be participating in E&G have been informed of and have agreed to abide by these terms.
  12. HPE also prohibits Participants in E&G, or their representatives or employees, from offering or providing cash or non-cash gifts, kickbacks, or entertainment to any HPE employee for any improper purpose, such as influencing him or her to take a course of action. HPE employees are similarly prohibited from soliciting such items. This prohibition extends to immediate family members of both E&G participants and HPE employees.
  13. These T&Cs and the services and deliverables, if any, provided or transferred hereunder are subject to the import, export, sanctions and embargo laws and regulations of the United States, European Union and other national governments (“International Trade Laws”). You agree to comply with all applicable International Trade Laws and to obtain any required authorizations, and must not undertake any transactions pursuant to this Agreement in or with sanctioned or embargoed countries (currently Cuba, Iran, N. Korea, Sudan, Syria and the Crimea Territory of Ukraine) or with persons or entities subject to sanctions under applicable.
  14. You agree to complete and comply with any regulatory compliance programs if and when asked by HPE.
  15. HPE may amend the Program Terms, including the conditions for the award of bonus points, at any time. Amendments shall come into force thirty (30) days after the date of publication of the amended Program Terms and/or the conditions for bonus points on the E&G portal.
  16. HPE may terminate the participation of a Participant by way of written notification without notice if the company, sales team or individual sales representative does not fulfil the program requirements or acts grossly negligent.
  17. HPE reserves the right to interrupt or terminate E&G at any time, stating or not stating reasons, with thirty (30) days written notice. Participation in E&G shall terminate automatically on termination of the HPE Partner Agreement.
  18. Disputes arising in connection with E&G shall be governed by the laws applicable to your HPE Partner Agreement, and the courts of that country shall have exclusive jurisdiction. For proximity partners, Swiss laws apply and the courts of Geneva, Switzerland have exclusive jurisdiction.

 

EXCUSION OF LIABILITY

  1. Guarantees and assurances: To the extent permitted by law, neither HPE, nor Aximpro nor any other agents, employees or suppliers used for execution and administration of E&G grant (either directly or indirectly) any guarantees nor do they give any assurances for the following:
    1. that participation in E&G and/or access to E&G, in full or in part, program materials, content, information and/or any functions contained therein shall be granted in good time, securely or free of error; and or
    2. that, as a result of any online activity related to E&G, no computer viruses shall be transmitted or no damage to the computer system of Participants shall arise.
  2. Limitation of liability: To the extent permitted by law and with the exception of personal injury (including death), Participant expressly declares that he agrees to the fact that HPE, Aximpro and (if relevant) their agents, sub-contractors or suppliers are not responsible for liability, loss, claims, expenses or damages due to loss of due to the loss of profit, goodwill, data or other material loss, whether direct or indirect, or other incidental, special or consequential losses which result from the following:
    1. participation in E&G, use of E&G, redemption of the premiums and use of the premium items including but not limited to incorrect credits to or debits from the account of a Participant that are carried out by any person using the user ID of that Participant and/or modification, alteration to or deletion of any personal data of the person possessing the user ID;
    2. modifications to, or cessation of distribution of any products, goods or services and/or their removal from E&G or incentives planned thereunder and/or any evaluation of premiums within E&G that results from such modifications, deletion or removal.
  3. Tax liability: Participants (or their employee to whom the benefits is given as the case may be) will be directly responsible for accounting for and paying to their local tax offices any tax liability, social security or National Insurance (NI) contributions arising from participation in E&G. HPE and Aximpro will not assume any liability for tax, social security or NI arising from participation in any incentive offered in E&G.
    In order to receive a voluntary compensation payment for HPE for local taxes incurred in relation to the pay-outs for the E&G programme, participants must provide valid and complete bank details on the E&G portal. The compensation payment will only be made from the first quarter as of which bank details are provided in the E&G portal.
    A payment will only be made by HPE/Aximpro from an incentive amount of 10 BP / EUR. Remaining bonus points under the minimum amount shall lapse at the end of the promotion period.
  4. Notices: notices to Participants can be sent by email or post or be posted on the E&G Portal can also contain notices about amendments to the Program Terms or other general notices in relation to E&G for Participants through the display of notices or links to notices.

 

RULES AND CONDITIONS OF INDIVIDUAL INCENTIVES

  1. E&G comprises different incentives with defined incentive periods, eligible products and solutions and eligible partner types for participation. HPE products and solutions eligible for E&G can be found in the relevant incentive product list on the E&G portal (www.engageandgrow.eu). A list of the individual conditions for the award of bonus points under each incentive as well as the incentive period can also be inspected there.
  2. Individual E&G participants must be nominated by their employer. The bonus points and premiums shall only be awarded to them and apply only for their advantage. Public sector companies are not eligible to participate in E&G.
  3. Participants agree to instruct each individual E&G participant to keep his personal profile on the program website up-to-date. Aximpro shall also be notified if an individual participant in E&G leaves Participant employment. Any personal data which individual participants may provide will be used by HPE and Aximpro for the purposes of this program only.
  4. In cases of dispute, which arise from E&G, HPE, or Aximpro on HPE’s behalf, has the right, in particular in cases of dispute concerning bonus point allocation within the framework of E&G, to make final decisions.

 

PROGRAM POINTS AND TIME FRAMES

  1. Each individual participant who has been nominated by a Participant can find detailed information after his/her first login on the web site at the E&G portal.
  2. Any applicable bonus points will be based on the date of the sales invoice submitted by the Participant.
  3. All relevant data on the sales of the whole team nominated by a Participant and the number of bonus points can be inspected on the E&G Portal.
  4. After the end of the incentive period, participants (individuals or teams) nominated by their employer (i.e. the Participant) shall receive a sum of money corresponding to the value of their bonus points on the prepaid credit card for the purchase of premiums/goods.
  5. One bonus point equals one € (Euro) The loading of the credit cards will take place in Euro.
  6. The distribution of the bonus points to respective individual participants will be made by the relevant Participant’s sales team or the Participant’s program administrator as nominated by a Participant. The Participant’s administrator will be defined in the Participant’s registration and setup process on the E&G Portal. Once the bonus points are available for distribution, the sales team/Participant’s program administrator will be informed by Aximpro. From this point onwards, the points will be available for 4 weeks for distribution. After this time period, the bonus points will expire.

    For Partner Ready Silber and Business Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 5000 BP per company (with a minimum of 5 or more sales employees).

    For Proximity Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 2000 BP per company (with a minimum of 2 or more sales employees).

  7. In the case of an incorrect premium payment, the Participant is obliged to refund the overpaid sum within twenty-eight (28) days of receiving a correction letter from Aximpro.
  8. It is compulsory to login to the portal within 30 days in order to participate.

 

USE OF CREDIT CARDS

  1. Within the registration process the duly authorized representative of Participant decides whether Participant uses one credit card for the entire company or multiple cards for every member of the sales team to honour individual sales achievements of sales managers. After the end of the incentive period, this card shall be topped up by the company’s program administrator with a certain sum of money. The administrator of the company/sales team shall decide individually on the award of bonus points in the sales team and thus on the amount of the sums of money to be topped up.
  2. The transmission of all relevant data for the assignment of a credit card by means of the E&G portal is the responsibility of the nominated beneficiaries. HPE reserves the right to approve participation in the credit card program in accordance with its sole and free discretion.
  3. The users of credit cards shall fulfil the determined conditions at all times.
  4. The credit card user (end user) is responsible for the use of the card and solely liable for the use and any loss which may arise through incorrect use or through giving incorrect information. Each participant is entitled to receive a maximum of only one card.
  5. The credit card may not be used for the purpose of tax evasion or avoidance, or for any unethical or criminal behaviour.
  6. It is not permitted to lend the card to third parties or to allow third parties to make purchases with the prepaid card.
  7. The credit card is and remains the property of HPE’s sub-contractor Aximpro.
  8. The cards may not be destroyed except on express, written request of Aximpro. In the case of wilful destruction of a card, the costs for replacement shall be borne by the card user.
  9. Any loss of the card shall be reported directly at any time. Any costs through misuse that arise because the loss was not reported shall be borne by the card user.
  10. Aximpro, acting on behalf of HPE, is entitled at any time to block, restrict or cancel the cards if there are any concerns about the security of the card. This would be the case, for example, in the case of fraudulent intent, non-permitted use, in the case of theft or loss of the card. Before these measures are implemented, Aximpro shall inform the card user concerned in the run-up or directly thereafter depending on the urgency. A replacement card shall be provided immediately or as soon as the situation no longer exists in this form. If necessary, the card user shall be required to fill in a complete declaration and return it to Aximpro. The card user declares that he is prepared to support Aximpro in all investigations becoming necessary.
  11. All data in connection with the card shall be kept strictly confidential in accordance with applicable data protection laws and regulations. The data shall be used only for activities related to the use of the credit card.
  12. The credit cards remain valid as stated on the good thru date on the credit card.
  13. The program can be interrupted or terminated by HPE without stating reasons.
  14. For fraudulent deception regarding the card holder/use, the credit card will be blocked and the participant will be excluded from the E&G programme.
  15. Only 1 credit card can be activated per registered participant.

 

ONLINE TRAINING

  1. HPE Group will analyse which training you have attended, for ensuring you as HPE reseller have acquired enough knowledge about HPE products and services. In this context HPE may suggest you to attend further trainings.

Terms & Conditions for Engage & Grow in the Netherlands

 

For HPE Distributors, Partner Ready Silver and Business Partners and proximity partners

 

INTRODUCTION

  1. Engage & Grow (“E&G”) is an incentive program for HPE Partner Ready Silver and Business partners, HPE Distributors as well as, with limitations, proximity partners. E&G is designed to incentivize sales representatives and, in certain instances, sales teams. Within the overall E&G framework, different incentives are made available for participation by partners and HPE Distributors. In the context of each incentive, bonus points are awarded for different activities, including the achievement of defined sales goals (for distributors only), sales of eligible HPE products or solutions and certain non-sales activities (training, download, etc.). These bonus points are converted into cash premiums at the end of each incentive period, awarded through prepaid credit cards.
  2. The Promoter of E&G is Hewlett-Packard Nederland B.V. (“HPE”). HPE has appointed Aximpro GmbH, with its registered office in Freising (Germany) (“Aximpro”) to execute E&G on HPE’s behalf as its subcontractor.
  3. Participation in E&G is open to proximity partners, HPE Partner Ready Business and Silver Partners and HPE Distributors with a valid HPE Partner Agreement, if they adhere to the present Terms & Conditions (“Participants”). Proximity partners may participate in E&G as long as their total sales of HPE products and solutions in a HPE fiscal year remain below the applicable country thresholds for HPE Partner Ready Business Partners. Once a proximity partner reaches this threshold, he has to apply for Business Partner on-boarding. If he has not been on-boarded successfully within 4 weeks after the beginning of the quarter following the quarter when he reached the threshold, his participation in E & G will be terminated automatically and he will not be eligible for bonus points as of that quarter. Reviews will be done quarterly.
  4. Registration and participation in E&G constitutes full and unconditional acceptance of these Terms & Conditions. Participant registration must be effected by a duly authorized representative of Participant.
  5. E&G applies only to product sales made within the incentive period as set out on the portal and after successful registration to E&G. No bonus points will be awarded retroactively in relation to sell-out or activities performed before successful registration.
  6. A limited budget of bonus points is available for each promotion (incentive) of Engage & Grow for the partners. For distributors, separate bonus limitations also exist for selected promotions, which are communicated in advance. As soon as the maximum limit has been reached for a promotion, i.e. the available budget is fully utilised, no further bonus points will be allocated for this promotion. The percentage status of the budget utilisation can be viewed in the E&G portal.
  7. E&G does not apply to loan contracts for products to third parties.
  8. Only new products and/or support qualify for the award of bonus points. Demonstration models, re-marketing products or used devices are excluded for this purpose.
  9. E&G applies only to HPE product or support sales in your “Territory”, which means (a) the EEA + Switzerland if you are registered in any country within this region; or (b) outside the EEA + Switzerland, the country where your company is registered. HPE reserves the right to terminate your participation in the Program with immediate effect and without indemnity if you sell outside your Territory.
  10. HPE expects partners participating in E&G to uphold the highest standards of integrity in all business interactions. HPE has a zero tolerance policy prohibiting any and all forms of bribery, corruption, extortion, kickbacks and embezzlements. All E&G Participants are strictly prohibited from promising, offering, authorizing, giving or accepting anything of value, either directly or indirectly through a third party, in order to obtain or retain business, direct business to any person, or otherwise gain an improper advantage. For purposes of this policy, “anything of value” includes, but is not limited to, gifts, favours, entertainment, and meals, regardless of their value.
  11. E&G Participants, and their representatives and employees, agree to comply with all applicable anti-corruption laws, including but not limited to the U.S. FCPA and the U.K. Bribery Act (collectively, the “Anti-Corruption Laws”). In addition to the Anti-Corruption Laws, there may be other applicable local laws or regulations related to gifts to and entertainment of government officials and/or commercial entities. By joining E&G, you acknowledge and agree that you will not make any payment or transfer anything of value, offer, promise or give a financial or other advantage or request, agree to receive or accept a financial or other advantage either directly or indirectly to anyone with the intent to obtain or retain business or otherwise gain an improper business advantage. You also acknowledge and agree that every one of your representatives and employees who will be participating in E&G have been informed of and have agreed to abide by these terms.
  12. HPE also prohibits Participants in E&G, or their representatives or employees, from offering or providing cash or non-cash gifts, kickbacks, or entertainment to any HPE employee for any improper purpose, such as influencing him or her to take a course of action. HPE employees are similarly prohibited from soliciting such items. This prohibition extends to immediate family members of both E&G participants and HPE employees.
  13. These T&Cs and the services and deliverables, if any, provided or transferred hereunder are subject to the import, export, sanctions and embargo laws and regulations of the United States, European Union and other national governments (“International Trade Laws”). You agree to comply with all applicable International Trade Laws and to obtain any required authorizations, and must not undertake any transactions pursuant to this Agreement in or with sanctioned or embargoed countries (currently Cuba, Iran, N. Korea, Sudan, Syria and the Crimea Territory of Ukraine) or with persons or entities subject to sanctions under applicable.
  14. You agree to complete and comply with any regulatory compliance programs if and when asked by HPE.
  15. HPE may amend the Program Terms, including the conditions for the award of bonus points, at any time. Amendments shall come into force thirty (30) days after the date of publication of the amended Program Terms and/or the conditions for bonus points on the E&G portal.
  16. HPE may terminate the participation of a Participant by way of written notification without notice if the company, sales team or individual sales representative does not fulfil the program requirements or acts grossly negligent.
  17. HPE reserves the right to interrupt or terminate E&G at any time, stating or not stating reasons, with thirty (30) days written notice. Participation in E&G shall terminate automatically on termination of the HPE Partner Agreement.
  18. Disputes arising in connection with E&G shall be governed by the laws applicable to your HPE Partner Agreement, and the courts of that country shall have exclusive jurisdiction. For proximity partners, Swiss laws apply and the courts of Geneva, Switzerland have exclusive jurisdiction.

 

EXCUSION OF LIABILITY

  1. Guarantees and assurances: To the extent permitted by law, neither HPE, nor Aximpro nor any other agents, employees or suppliers used for execution and administration of E&G grant (either directly or indirectly) any guarantees nor do they give any assurances for the following:
    1. that participation in E&G and/or access to E&G, in full or in part, program materials, content, information and/or any functions contained therein shall be granted in good time, securely or free of error; and or
    2. that, as a result of any online activity related to E&G, no computer viruses shall be transmitted or no damage to the computer system of Participants shall arise.
  2. Limitation of liability: To the extent permitted by law and with the exception of personal injury (including death), Participant expressly declares that he agrees to the fact that HPE, Aximpro and (if relevant) their agents, sub-contractors or suppliers are not responsible for liability, loss, claims, expenses or damages due to loss of due to the loss of profit, goodwill, data or other material loss, whether direct or indirect, or other incidental, special or consequential losses which result from the following:
    1. participation in E&G, use of E&G, redemption of the premiums and use of the premium items including but not limited to incorrect credits to or debits from the account of a Participant that are carried out by any person using the user ID of that Participant and/or modification, alteration to or deletion of any personal data of the person possessing the user ID;
    2. modifications to, or cessation of distribution of any products, goods or services and/or their removal from E&G or incentives planned thereunder and/or any evaluation of premiums within E&G that results from such modifications, deletion or removal.
  3. Tax liability: Participants (or their employee to whom the benefits is given as the case may be) will be directly responsible for accounting for and paying to their local tax offices any tax liability, social security or National Insurance (NI) contributions arising from participation in E&G. HPE and Aximpro will not assume any liability for tax, social security or NI arising from participation in any incentive offered in E&G.
    In order to receive a voluntary compensation payment for HPE for local taxes incurred in relation to the pay-outs for the E&G programme, participants must provide valid and complete bank details on the E&G portal. The compensation payment will only be made from the first quarter as of which bank details are provided in the E&G portal.
    A payment will only be made by HPE/Aximpro from an incentive amount of 10 BP / EUR. Remaining bonus points under the minimum amount shall lapse at the end of the promotion period.
  4. Notices: notices to Participants can be sent by email or post or be posted on the E&G Portal can also contain notices about amendments to the Program Terms or other general notices in relation to E&G for Participants through the display of notices or links to notices.

 

RULES AND CONDITIONS OF INDIVIDUAL INCENTIVES

  1. E&G comprises different incentives with defined incentive periods, eligible products and solutions and eligible partner types for participation. HPE products and solutions eligible for E&G can be found in the relevant incentive product list on the E&G portal (www.engageandgrow.eu). A list of the individual conditions for the award of bonus points under each incentive as well as the incentive period can also be inspected there.
  2. Individual E&G participants must be nominated by their employer. The bonus points and premiums shall only be awarded to them and apply only for their advantage. Public sector companies are not eligible to participate in E&G.
  3. Participants agree to instruct each individual E&G participant to keep his personal profile on the program website up-to-date. Aximpro shall also be notified if an individual participant in E&G leaves Participant employment. Any personal data which individual participants may provide will be used by HPE and Aximpro for the purposes of this program only.
  4. In cases of dispute, which arise from E&G, HPE, or Aximpro on HPE’s behalf, has the right, in particular in cases of dispute concerning bonus point allocation within the framework of E&G, to make final decisions.

 

PROGRAM POINTS AND TIME FRAMES

  1. Each individual participant who has been nominated by a Participant can find detailed information after his/her first login on the web site at the E&G portal.
  2. Any applicable bonus points will be based on the date of the sales invoice submitted by the Participant.
  3. All relevant data on the sales of the whole team nominated by a Participant and the number of bonus points can be inspected on the E&G Portal.
  4. After the end of the incentive period, participants (individuals or teams) nominated by their employer (i.e. the Participant) shall receive a sum of money corresponding to the value of their bonus points on the prepaid credit card for the purchase of premiums/goods.
  5. One bonus point equals one € (Euro) The loading of the credit cards will take place in Euro.
  6. The distribution of the bonus points to respective individual participants will be made by the relevant Participant’s sales team or the Participant’s program administrator as nominated by a Participant. The Participant’s administrator will be defined in the Participant’s registration and setup process on the E&G Portal. Once the bonus points are available for distribution, the sales team/Participant’s program administrator will be informed by Aximpro. From this point onwards, the points will be available for 4 weeks for distribution. After this time period, the bonus points will expire.

    For Partner Ready Silber and Business Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 5000 BP per company (with a minimum of 5 or more sales employees).

    For Proximity Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 2000 BP per company (with a minimum of 2 or more sales employees).

  7. In the case of an incorrect premium payment, the Participant is obliged to refund the overpaid sum within twenty-eight (28) days of receiving a correction letter from Aximpro.
  8. It is compulsory to login to the portal within 30 days in order to participate.

 

USE OF CREDIT CARDS

  1. Within the registration process the duly authorized representative of Participant decides whether Participant uses one credit card for the entire company or multiple cards for every member of the sales team to honour individual sales achievements of sales managers. After the end of the incentive period, this card shall be topped up by the company’s program administrator with a certain sum of money. The administrator of the company/sales team shall decide individually on the award of bonus points in the sales team and thus on the amount of the sums of money to be topped up.
  2. The transmission of all relevant data for the assignment of a credit card by means of the E&G portal is the responsibility of the nominated beneficiaries. HPE reserves the right to approve participation in the credit card program in accordance with its sole and free discretion.
  3. The users of credit cards shall fulfil the determined conditions at all times.
  4. The credit card user (end user) is responsible for the use of the card and solely liable for the use and any loss which may arise through incorrect use or through giving incorrect information. Each participant is entitled to receive a maximum of only one card.
  5. The credit card may not be used for the purpose of tax evasion or avoidance, or for any unethical or criminal behaviour.
  6. It is not permitted to lend the card to third parties or to allow third parties to make purchases with the prepaid card.
  7. The credit card is and remains the property of HPE’s sub-contractor Aximpro.
  8. The cards may not be destroyed except on express, written request of Aximpro. In the case of wilful destruction of a card, the costs for replacement shall be borne by the card user.
  9. Any loss of the card shall be reported directly at any time. Any costs through misuse that arise because the loss was not reported shall be borne by the card user.
  10. Aximpro, acting on behalf of HPE, is entitled at any time to block, restrict or cancel the cards if there are any concerns about the security of the card. This would be the case, for example, in the case of fraudulent intent, non-permitted use, in the case of theft or loss of the card. Before these measures are implemented, Aximpro shall inform the card user concerned in the run-up or directly thereafter depending on the urgency. A replacement card shall be provided immediately or as soon as the situation no longer exists in this form. If necessary, the card user shall be required to fill in a complete declaration and return it to Aximpro. The card user declares that he is prepared to support Aximpro in all investigations becoming necessary.
  11. All data in connection with the card shall be kept strictly confidential in accordance with applicable data protection laws and regulations. The data shall be used only for activities related to the use of the credit card.
  12. The credit cards remain valid as stated on the good thru date on the credit card.
  13. The program can be interrupted or terminated by HPE without stating reasons.
  14. For fraudulent deception regarding the card holder/use, the credit card will be blocked and the participant will be excluded from the E&G programme.
  15. Only 1 credit card can be activated per registered participant.

 

ONLINE TRAINING

  1. HPE Group will analyse which training you have attended, for ensuring you as HPE reseller have acquired enough knowledge about HPE products and services. In this context HPE may suggest you to attend further trainings.

Terms & Conditions for Engage & Grow in Belgium and Luxembourg

 

For HPE Distributors, Partner Ready Silver and Business Partners and proximity partners

 

INTRODUCTION

  1. Engage & Grow (“E&G”) is an incentive program for HPE Partner Ready Silver and Business partners, HPE Distributors as well as, with limitations, proximity partners. E&G is designed to incentivize sales representatives and, in certain instances, sales teams. Within the overall E&G framework, different incentives are made available for participation by partners and HPE Distributors. In the context of each incentive, bonus points are awarded for different activities, including the achievement of defined sales goals (for distributors only), sales of eligible HPE products or solutions and certain non-sales activities (training, download, etc.). These bonus points are converted into cash premiums at the end of each incentive period, awarded through prepaid credit cards.
  2. The Promoter of E&G is Hewlett-Packard Belgium BVBA/SPRL (“HPE”). HPE has appointed Aximpro GmbH, with its registered office in Freising (Germany) (“Aximpro”) to execute E&G on HPE’s behalf as its subcontractor.
  3. Participation in E&G is open to proximity partners, HPE Partner Ready Business and Silver Partners and HPE Distributors with a valid HPE Partner Agreement, if they adhere to the present Terms & Conditions (“Participants”). Proximity partners may participate in E&G as long as their total sales of HPE products and solutions in a HPE fiscal year remain below the applicable country thresholds for HPE Partner Ready Business Partners. Once a proximity partner reaches this threshold, he has to apply for Business Partner on-boarding. If he has not been on-boarded successfully within 4 weeks after the beginning of the quarter following the quarter when he reached the threshold, his participation in E & G will be terminated automatically and he will not be eligible for bonus points as of that quarter. Reviews will be done quarterly.
  4. Registration and participation in E&G constitutes full and unconditional acceptance of these Terms & Conditions. Participant registration must be effected by a duly authorized representative of Participant.
  5. E&G applies only to product sales made within the incentive period as set out on the portal and after successful registration to E&G. No bonus points will be awarded retroactively in relation to sell-out or activities performed before successful registration.
  6. A limited budget of bonus points is available for each promotion (incentive) of Engage & Grow for the partners. For distributors, separate bonus limitations also exist for selected promotions, which are communicated in advance. As soon as the maximum limit has been reached for a promotion, i.e. the available budget is fully utilised, no further bonus points will be allocated for this promotion. The percentage status of the budget utilisation can be viewed in the E&G portal.
  7. E&G does not apply to loan contracts for products to third parties.
  8. Only new products and/or support qualify for the award of bonus points. Demonstration models, re-marketing products or used devices are excluded for this purpose.
  9. E&G applies only to HPE product or support sales in your “Territory”, which means (a) the EEA + Switzerland if you are registered in any country within this region; or (b) outside the EEA + Switzerland, the country where your company is registered. HPE reserves the right to terminate your participation in the Program with immediate effect and without indemnity if you sell outside your Territory.
  10. HPE expects partners participating in E&G to uphold the highest standards of integrity in all business interactions. HPE has a zero tolerance policy prohibiting any and all forms of bribery, corruption, extortion, kickbacks and embezzlements. All E&G Participants are strictly prohibited from promising, offering, authorizing, giving or accepting anything of value, either directly or indirectly through a third party, in order to obtain or retain business, direct business to any person, or otherwise gain an improper advantage. For purposes of this policy, “anything of value” includes, but is not limited to, gifts, favours, entertainment, and meals, regardless of their value.
  11. E&G Participants, and their representatives and employees, agree to comply with all applicable anti-corruption laws, including but not limited to the U.S. FCPA and the U.K. Bribery Act (collectively, the “Anti-Corruption Laws”). In addition to the Anti-Corruption Laws, there may be other applicable local laws or regulations related to gifts to and entertainment of government officials and/or commercial entities. By joining E&G, you acknowledge and agree that you will not make any payment or transfer anything of value, offer, promise or give a financial or other advantage or request, agree to receive or accept a financial or other advantage either directly or indirectly to anyone with the intent to obtain or retain business or otherwise gain an improper business advantage. You also acknowledge and agree that every one of your representatives and employees who will be participating in E&G have been informed of and have agreed to abide by these terms.
  12. HPE also prohibits Participants in E&G, or their representatives or employees, from offering or providing cash or non-cash gifts, kickbacks, or entertainment to any HPE employee for any improper purpose, such as influencing him or her to take a course of action. HPE employees are similarly prohibited from soliciting such items. This prohibition extends to immediate family members of both E&G participants and HPE employees.
  13. These T&Cs and the services and deliverables, if any, provided or transferred hereunder are subject to the import, export, sanctions and embargo laws and regulations of the United States, European Union and other national governments (“International Trade Laws”). You agree to comply with all applicable International Trade Laws and to obtain any required authorizations, and must not undertake any transactions pursuant to this Agreement in or with sanctioned or embargoed countries (currently Cuba, Iran, N. Korea, Sudan, Syria and the Crimea Territory of Ukraine) or with persons or entities subject to sanctions under applicable.
  14. You agree to complete and comply with any regulatory compliance programs if and when asked by HPE.
  15. HPE may amend the Program Terms, including the conditions for the award of bonus points, at any time. Amendments shall come into force thirty (30) days after the date of publication of the amended Program Terms and/or the conditions for bonus points on the E&G portal.
  16. HPE may terminate the participation of a Participant by way of written notification without notice if the company, sales team or individual sales representative does not fulfil the program requirements or acts grossly negligent.
  17. HPE reserves the right to interrupt or terminate E&G at any time, stating or not stating reasons, with thirty (30) days written notice. Participation in E&G shall terminate automatically on termination of the HPE Partner Agreement.
  18. Disputes arising in connection with E&G shall be governed by the laws applicable to your HPE Partner Agreement, and the courts of that country shall have exclusive jurisdiction. For proximity partners, Swiss laws apply and the courts of Geneva, Switzerland have exclusive jurisdiction.

 

EXCUSION OF LIABILITY

  1. Guarantees and assurances: To the extent permitted by law, neither HPE, nor Aximpro nor any other agents, employees or suppliers used for execution and administration of E&G grant (either directly or indirectly) any guarantees nor do they give any assurances for the following:
    1. that participation in E&G and/or access to E&G, in full or in part, program materials, content, information and/or any functions contained therein shall be granted in good time, securely or free of error; and or
    2. that, as a result of any online activity related to E&G, no computer viruses shall be transmitted or no damage to the computer system of Participants shall arise.
  2. Limitation of liability: To the extent permitted by law and with the exception of personal injury (including death), Participant expressly declares that he agrees to the fact that HPE, Aximpro and (if relevant) their agents, sub-contractors or suppliers are not responsible for liability, loss, claims, expenses or damages due to loss of due to the loss of profit, goodwill, data or other material loss, whether direct or indirect, or other incidental, special or consequential losses which result from the following:
    1. participation in E&G, use of E&G, redemption of the premiums and use of the premium items including but not limited to incorrect credits to or debits from the account of a Participant that are carried out by any person using the user ID of that Participant and/or modification, alteration to or deletion of any personal data of the person possessing the user ID;
    2. modifications to, or cessation of distribution of any products, goods or services and/or their removal from E&G or incentives planned thereunder and/or any evaluation of premiums within E&G that results from such modifications, deletion or removal.
  3. Tax liability: Participants (or their employee to whom the benefits is given as the case may be) will be directly responsible for accounting for and paying to their local tax offices any tax liability, social security or National Insurance (NI) contributions arising from participation in E&G. HPE and Aximpro will not assume any liability for tax, social security or NI arising from participation in any incentive offered in E&G.
    In order to receive a voluntary compensation payment for HPE for local taxes incurred in relation to the pay-outs for the E&G programme, participants must provide valid and complete bank details on the E&G portal. The compensation payment will only be made from the first quarter as of which bank details are provided in the E&G portal.
    A payment will only be made by HPE/Aximpro from an incentive amount of 10 BP / EUR. Remaining bonus points under the minimum amount shall lapse at the end of the promotion period.
  4. Notices: notices to Participants can be sent by email or post or be posted on the E&G Portal can also contain notices about amendments to the Program Terms or other general notices in relation to E&G for Participants through the display of notices or links to notices.

 

RULES AND CONDITIONS OF INDIVIDUAL INCENTIVES

  1. E&G comprises different incentives with defined incentive periods, eligible products and solutions and eligible partner types for participation. HPE products and solutions eligible for E&G can be found in the relevant incentive product list on the E&G portal (www.engageandgrow.eu). A list of the individual conditions for the award of bonus points under each incentive as well as the incentive period can also be inspected there.
  2. Individual E&G participants must be nominated by their employer. The bonus points and premiums shall only be awarded to them and apply only for their advantage. Public sector companies are not eligible to participate in E&G.
  3. Participants agree to instruct each individual E&G participant to keep his personal profile on the program website up-to-date. Aximpro shall also be notified if an individual participant in E&G leaves Participant employment. Any personal data which individual participants may provide will be used by HPE and Aximpro for the purposes of this program only.
  4. In cases of dispute, which arise from E&G, HPE, or Aximpro on HPE’s behalf, has the right, in particular in cases of dispute concerning bonus point allocation within the framework of E&G, to make final decisions.

 

PROGRAM POINTS AND TIME FRAMES

  1. Each individual participant who has been nominated by a Participant can find detailed information after his/her first login on the web site at the E&G portal.
  2. Any applicable bonus points will be based on the date of the sales invoice submitted by the Participant.
  3. All relevant data on the sales of the whole team nominated by a Participant and the number of bonus points can be inspected on the E&G Portal.
  4. After the end of the incentive period, participants (individuals or teams) nominated by their employer (i.e. the Participant) shall receive a sum of money corresponding to the value of their bonus points on the prepaid credit card for the purchase of premiums/goods.
  5. One bonus point equals one € (Euro) The loading of the credit cards will take place in Euro.
  6. The distribution of the bonus points to respective individual participants will be made by the relevant Participant’s sales team or the Participant’s program administrator as nominated by a Participant. The Participant’s administrator will be defined in the Participant’s registration and setup process on the E&G Portal. Once the bonus points are available for distribution, the sales team/Participant’s program administrator will be informed by Aximpro. From this point onwards, the points will be available for 4 weeks for distribution. After this time period, the bonus points will expire.

    For Partner Ready Silber and Business Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 5000 BP per company (with a minimum of 5 or more sales employees).

    For Proximity Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 2000 BP per company (with a minimum of 2 or more sales employees).

  7. In the case of an incorrect premium payment, the Participant is obliged to refund the overpaid sum within twenty-eight (28) days of receiving a correction letter from Aximpro.
  8. It is compulsory to login to the portal within 30 days in order to participate.

 

USE OF CREDIT CARDS

  1. Within the registration process the duly authorized representative of Participant decides whether Participant uses one credit card for the entire company or multiple cards for every member of the sales team to honour individual sales achievements of sales managers. After the end of the incentive period, this card shall be topped up by the company’s program administrator with a certain sum of money. The administrator of the company/sales team shall decide individually on the award of bonus points in the sales team and thus on the amount of the sums of money to be topped up.
  2. The transmission of all relevant data for the assignment of a credit card by means of the E&G portal is the responsibility of the nominated beneficiaries. HPE reserves the right to approve participation in the credit card program in accordance with its sole and free discretion.
  3. The users of credit cards shall fulfil the determined conditions at all times.
  4. The credit card user (end user) is responsible for the use of the card and solely liable for the use and any loss which may arise through incorrect use or through giving incorrect information. Each participant is entitled to receive a maximum of only one card.
  5. The credit card may not be used for the purpose of tax evasion or avoidance, or for any unethical or criminal behaviour.
  6. It is not permitted to lend the card to third parties or to allow third parties to make purchases with the prepaid card.
  7. The credit card is and remains the property of HPE’s sub-contractor Aximpro.
  8. The cards may not be destroyed except on express, written request of Aximpro. In the case of wilful destruction of a card, the costs for replacement shall be borne by the card user.
  9. Any loss of the card shall be reported directly at any time. Any costs through misuse that arise because the loss was not reported shall be borne by the card user.
  10. Aximpro, acting on behalf of HPE, is entitled at any time to block, restrict or cancel the cards if there are any concerns about the security of the card. This would be the case, for example, in the case of fraudulent intent, non-permitted use, in the case of theft or loss of the card. Before these measures are implemented, Aximpro shall inform the card user concerned in the run-up or directly thereafter depending on the urgency. A replacement card shall be provided immediately or as soon as the situation no longer exists in this form. If necessary, the card user shall be required to fill in a complete declaration and return it to Aximpro. The card user declares that he is prepared to support Aximpro in all investigations becoming necessary.
  11. All data about the card shall be kept strictly confidential in accordance with applicable data protection laws and regulations. The data shall be used only for activities related to the use of the credit card.
  12. The credit cards remain valid as stated on the good thru date on the credit card.
  13. The program can be interrupted or terminated by HPE without stating reasons.
  14. For fraudulent deception regarding the card holder/use, the credit card will be blocked and the participant will be excluded from the E&G programme.
  15. Only 1 credit card can be activated per registered participant.

 

ONLINE TRAINING

  1. HPE Group will analyse which training you have attended, for ensuring you as HPE reseller have acquired enough knowledge about HPE products and services. In this context HPE may suggest you to attend further trainings.

Terms & Conditions for Engage & Grow in Saudi Arabia

 

For HPE Distributors, Partner Ready Silver and Business Partners and proximity partners

 

INTRODUCTION

  1. Engage & Grow (“E&G”) is an incentive program for HPE Partner Ready Silver and Business partners, HPE Distributors as well as, with limitations, proximity partners. E&G is designed to incentivize sales representatives and, in certain instances, sales teams. Within the overall E&G framework, different incentives are made available for participation by partners and HPE Distributors. In the context of each incentive, bonus points are awarded for different activities, including the achievement of defined sales goals (for distributors only), sales of eligible HPE products or solutions and certain non-sales activities (training, download, etc.). These bonus points are converted into cash premiums at the end of each incentive period, awarded through prepaid credit cards.
  2. The Promoter of E&G is HPE EMEA (“HPE”). HPE has appointed Aximpro GmbH, with its registered office in Freising (Germany) (“Aximpro”) to execute E&G on HPE’s behalf as its subcontractor.
  3. Participation in E&G is open to proximity partners, HPE Partner Ready Business and Silver Partners and HPE Distributors with a valid HPE Partner Agreement, if they adhere to the present Terms & Conditions (“Participants”). Proximity partners may participate in E&G as long as their total sales of HPE products and solutions in a HPE fiscal year remain below the applicable country thresholds for HPE Partner Ready Business Partners. Once a proximity partner reaches this thresholds, he has to apply for Business Partner on-boarding. If he has not been on-boarded successfully within 4 weeks after the beginning of the quarter following the quarter when he reached the threshold, his participation in E & G will be terminated automatically and he will not be eligible for bonus points as of that quarter. Reviews will be done quarterly.
  4. Registration and participation in E&G constitutes full and unconditional acceptance of these Terms & Conditions. Participant registration must be effected by a duly authorized representative of Participant.
  5. E&G applies only to product sales made within the incentive period as set out on the portal and after successful registration to E&G. No bonus points will be awarded retroactively in relation to sell-out or activities performed before successful registration.
  6. A limited budget of bonus points is available for each promotion (incentive) of Engage & Grow for the partners. For distributors, separate bonus limitations also exist for selected promotions, which are communicated in advance.
    As soon as the maximum limit has been reached for a promotion, i.e. the available budget is fully utilised, no further bonus points will be allocated for this promotion. The percentage status of the budget utilisation can be viewed in the E&G portal.
  7. E&G does not apply to loan contracts for products to third parties.
  8. Only new products and/or support qualify for the award of bonus points. Demonstration models, re-marketing products or used devices are excluded for this purpose.
  9. E&G applies only to HPE product or support sales in your “Territory”, which means (a) the EEA + Switzerland if you are registered in any country within this region; or (b) outside the EEA + Switzerland, the country where your company is registered. HPE reserves the right to terminate your participation in the Program with immediate effect and without indemnity if you sell outside your Territory.
  10. HPE expects partners participating in E&G to uphold the highest standards of integrity in all business interactions. HPE has a zero tolerance policy prohibiting any and all forms of bribery, corruption, extortion, kickbacks and embezzlements. All E&G Participants are strictly prohibited from promising, offering, authorizing, giving or accepting anything of value, either directly or indirectly through a third party, in order to obtain or retain business, direct business to any person, or otherwise gain an improper advantage. For purposes of this policy, “anything of value” includes, but is not limited to, gifts, favors, entertainment, and meals, regardless of their value.
  11. E&G Participants, and their representatives and employees, agree to comply with all applicable anti-corruption laws, including but not limited to the U.S. FCPA and the U.K. Bribery Act (collectively, the “Anti-Corruption Laws”). In addition to the Anti-Corruption Laws, there may be other applicable local laws or regulations related to gifts to and entertainment of government officials and/or commercial entities. By joining E&G, you acknowledge and agree that you will not make any payment or transfer anything of value, offer, promise or give a financial or other advantage or request, agree to receive or accept a financial or other advantage either directly or indirectly to anyone with the intent to obtain or retain business or otherwise gain an improper business advantage. You also acknowledge and agree that every one of your representatives and employees who will be participating in E&G have been informed of and have agreed to abide by these terms.
  12. HPE also prohibits Participants in E&G, or their representatives or employees, from offering or providing cash or non-cash gifts, kickbacks, or entertainment to any HPE employee for any improper purpose, such as influencing him or her to take a course of action. HPE employees are similarly prohibited from soliciting such items. This prohibition extends to immediate family members of both E&G participants and HPE employees.
  13. These T&Cs and the services and deliverables, if any, provided or transferred hereunder are subject to the import, export, sanctions and embargo laws and regulations of the United States, European Union and other national governments (“International Trade Laws”). You agree to comply with all applicable International Trade Laws and to obtain any required authorizations, and must not undertake any transactions pursuant to this Agreement in or with sanctioned or embargoed countries (currently Cuba, Iran, N. Korea, Sudan, Syria and the Crimea Territory of Ukraine) or with persons or entities subject to sanctions under applicable.
  14. You agree to complete and comply with any regulatory compliance programs if and when asked by HPE.
  15. HPE may amend the Program Terms, including the conditions for the award of bonus points, at any time. Amendments shall come into force thirty (30) days after the date of publication of the amended Program Terms and/or the conditions for bonus points on the E&G portal.
  16. HPE may terminate the participation of a Participant by way of written notification without notice if the company, sales team or individual sales representative does not fulfil the program requirements or acts grossly negligent.
  17. HPE reserves the right to interrupt or terminate E&G at any time, stating or not stating reasons, with thirty (30) days written notice. Participation in E&G shall terminate automatically on termination of the HPE Partner Agreement.
  18. Disputes arising in connection with E&G shall be governed by the laws applicable to your HPE Partner Agreement, and the courts of that country shall have exclusive jurisdiction. For proximity partners, Swiss laws apply and the courts of Geneva, Switzerland have exclusive jurisdiction.

 

EXCUSION OF LIABILITY

  1. Guarantees and assurances: within the legally permissible framework, neither HPE, nor Aximpro nor any other agents, employees or suppliers used for execution and administration of E&G grant (either directly or indirectly) any guarantees nor do they give any assurances for the following:
    1. that participation in E&G and/or access to E&G, in full or in part, program materials, content, information and/or any functions contained therein shall be granted without interruption, in good time, securely or free of error.
    2. that, as a result of any online activity related to E&G, no computer viruses shall be transmitted or no damage to the computer system of Participants shall arise.
  2. Limitation of liability: within the permissible framework of applicable law and with the exception of personal injury (including death), Participant expressly declares that he agrees to the fact that HPE, Aximpro and (if relevant) their agents, sub-contractors or suppliers are not responsible for liability, loss, claims, expenses or damage, whether direct or indirect, incidental, special follow-up damage or punishment including damages, including but not limited to damage due to the loss of profit, goodwill, data or other material loss which result from the following:
    1. participation in E&G, use of E&G, redemption of the premiums and use of the premium items including but not limited to incorrect credits to or debits from the account of a Participant that are carried out by another person using the user ID of that Participant and/or modification, alteration to or deletion of any personal data of the person possessing the user ID;
    2. modifications to, or cessation of distribution of any products, goods or services and/or their removal from E&G or incentives planned thereunder and/or any evaluation of premiums within the framework of E&G that results from such modifications, deletion or removal.
  3. Tax liability: Participants (or their employee to whom the benefits is given as the case may be) will be directly responsible for accounting for and paying to their local tax offices any tax liability, social security or National Insurance (NI) contributions arising from participation in E&G. HPE and Aximpro will not assume any liability for tax, social security or NI arising from participation in any incentive offered in the framework of E&G.
    In order to receive a voluntary compensation payment for HPE for local taxes incurred in relation to the payouts for the E&G programme, participants must provide valid and complete bank details on the E&G portal. The compensation payment will only be made from the first quarter as of which bank details are provided in the E&G portal.
    A payment will only be made by HPE/Aximpro from an incentive amount of 10 BP / EUR. Remaining bonus points under the minimum amount shall lapse at the end of the promotion period.
  4. Notices: notices to Participants can be sent by email or post. The program website can also contain notices about amendments to the general terms and conditions or other general notes on the program for Participants through the display of notices or links to notices.

 

RULES AND CONDITIONS OF INDIVIDUAL INCENTIVES

  1. E&G comprises different incentives with defined incentive periods, eligible products and solutions and eligible partner types for participation. HPE products and solutions eligible for E&G can be found in the relevant incentive product list on the E&G portal (www.engageandgrow.eu). A list of the individual conditions for the award of bonus points under each incentive as well as the incentive period can also be inspected there.
  2. Individual E&G participants must be nominated by their employer. The bonus points and premiums shall only be awarded to them and apply only for their advantage. Public sector companies are not eligible to participate in E&G.
  3. Participants agree to instruct each individual E&G participant to keep his personal profile on the program website up-to-date. Aximpro shall also be notified if an individual participant in E&G leaves Participant employment. Any personal data which individual participants may provide will be used by HPE and Aximpro for the purposes of this program only.
  4. In cases of dispute, which arise from E&G, HPE, or Aximpro on HPE’s behalf, has the right, in particular in cases of dispute concerning bonus point allocation within the framework of E&G, to make final decisions.

 

PROGRAM POINTS AND TIME FRAMES

  1. Each nominated participant can find detailed information after his/her first login on the web site www.engageandgrow.eu.
  2. The date of the sales invoice shall be regarded as the day of acquisition of bonus points.
  3. All relevant data on the sales of the whole team nominated by a Participant and the number of bonus points can be inspected on the portal www.engageandgrow.eu .
  4. After the end of the incentive period, participants (individuals or teams) nominated by their employer shall receive a sum of money corresponding to the value of their bonus points on the prepaid credit card for the purchase of premiums/goods.
  5. One bonus point equals one € (Euro). The loading of the credit cards will take place in euro.
  6. The distribution of the bonus points to respective individual participants will be made by the sales team or a company administrator nominated by Participants. This administrator has to be defined in the company registration and setup process. Once the bonus points are available for distribution, the sales team/company administrator will be informed by Aximpro. From this point onwards, the points will be available for 4 weeks for distribution. After this time period, the bonus points will expire.

    For Partner Ready Silber and Business Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 5000 BP per company (with a minimum of 5 or more sales employees).

    For Proximity Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 2000 BP per company (with a minimum of 2 or more sales employees).

  7. In the case of a faulty premium payment, the Participant is obliged to refund the overpaid sum within twenty-eight (28) days of receiving a correction letter from Aximpro.
  8. It is compulsory to login to the portal within 30 days in order to participate.

 

USE OF CREDIT CARDS

  1. Within the registration process the duly authorized representative of Participant decides whether Participant uses one credit card for the entire company or multiple cards for every member of the sales team to honour individual sales achievements of sales managers. After the end of the incentive period, this card shall be topped up by the company’s program administrator with a certain sum of money. The administrator of the company/sales team shall decide individually on the award of bonus points in the sales team and thus on the amount of the sums of money to be topped up.
  2. The transmission of all relevant data for the assignment of a credit card by means of the E&G portal is the responsibility of the nominated beneficiaries. HPE reserves the right to approve participation in the credit card program in accordance with its sole and free discretion.
  3. The users of credit cards shall fulfil the determined conditions at all times.
  4. The credit card user (end user) is responsible for the use of the card and solely liable for the use and any loss which may arise through incorrect use or through giving incorrect information. Each participant is entitled to receive a maximum of only one card.
  5. The credit card may not be used for the purpose of tax evasion or avoidance, or for any unethical or criminal behaviour.
  6. It is not permitted to lend the card to third parties or to allow third parties to make purchases with the prepaid card.
  7. The credit card is and remains the property of HPE’s sub-contractor Aximpro.
  8. The cards may not be destroyed except on express, written request of Aximpro. In the case of wilful destruction of a card, the costs for replacement shall be borne by the card user.
  9. Any loss of the card shall be reported directly at any time. Any costs through misuse that arise because the loss was not reported shall be borne by the card user.
  10. Aximpro, acting on behalf of HPE, is entitled at any time to block, restrict or cancel the cards if there are any concerns about the security of the card. This would be the case, for example, in the case of fraudulent intent, non-permitted use, in the case of theft or loss of the card. Before these measures are implemented, Aximpro shall inform the card user concerned in the run-up or directly thereafter depending on the urgency. A replacement card shall be provided immediately or as soon as the situation no longer exists in this form. If necessary, the card user shall be required to fill in a complete declaration and return it to Aximpro. The card user declares that he is prepared to support Aximpro in all investigations becoming necessary.
  11. All data in connection with the card shall be kept strictly confidential in accordance with applicable data protection laws and regulations. The data shall be used only for activities related to the use of the credit card.
  12. The credit cards remain valid as stated on the good thru date on the credit card.
  13. The program can be interrupted or terminated by HPE without stating reasons.
  14. For fraudulent deception regarding the card holder/use, the credit card will be blocked and the participant will be excluded from the E&G programme.
  15. Only 1 credit card can be activated per registered participant.

 

ONLINE TRAINING

  1. HPE Group will analyse which training you have attended, for ensuring you as HPE reseller have acquired enough knowledge about HPE products and services. In this context HPE may suggest you to attend further trainings.

Terms & Conditions for Engage & Grow in the Republic of South Africa

 

For HPE Distributors, Partner Ready Silver and Business Partners and proximity partners

 

INTRODUCTION

  1. Engage & Grow (“E&G”) is an incentive program for HPE Partner Ready Silver and Business partners, HPE Distributors as well as, with limitations, proximity partners. E&G is designed to incentivize sales representatives and, in certain instances, sales teams. Within the overall E&G framework, different incentives are made available for participation by partners and HPE Distributors. In the context of each incentive, bonus points are awarded for different activities, including the achievement of defined sales goals (for distributors only), sales of eligible HPE products or solutions and certain non-sales activities (training, download, etc.). These bonus points are converted into cash premiums at the end of each incentive period, awarded through prepaid credit cards.
  2. The Promoter of E&G is HPE EMEA (“HPE”). HPE has appointed Aximpro GmbH, with its registered office in Freising (Germany) (“Aximpro”) to execute E&G on HPE’s behalf as its subcontractor.
  3. Participation in E&G is open to proximity partners, HPE Partner Ready Business and Silver Partners and HPE Distributors with a valid HPE Partner Agreement, if they adhere to the present Terms & Conditions (“Participants”). Proximity partners may participate in E&G as long as their total sales of HPE products and solutions in a HPE fiscal year remain below the applicable country thresholds for HPE Partner Ready Business Partners. Once a proximity partner reaches this threshold, he has to apply for Business Partner on-boarding. If he has not been on-boarded successfully within 4 weeks after the beginning of the quarter following the quarter when he reached the threshold, his participation in E & G will be terminated automatically and he will not be eligible for bonus points as of that quarter. Reviews will be done quarterly.
  4. Registration and participation in E&G constitutes full and unconditional acceptance of these Terms & Conditions. Participant registration must be effected by a duly authorized representative of Participant.
  5. E&G applies only to product sales made within the incentive period as set out on the portal and after successful registration to E&G. No bonus points will be awarded retroactively in relation to sell-out or activities performed before successful registration.
  6. A limited budget of bonus points is available for each promotion (incentive) of Engage & Grow for the partners. For distributors, separate bonus limitations also exist for selected promotions, which are communicated in advance.
    As soon as the maximum limit has been reached for a promotion, i.e. the available budget is fully utilised, no further bonus points will be allocated for this promotion. The percentage status of the budget utilisation can be viewed in the E&G portal.
  7. E&G does not apply to loan contracts for products to third parties.
  8. Only new products and/or support qualify for the award of bonus points. Demonstration models, re-marketing products or used devices are excluded for this purpose.
  9. E&G applies only to HPE product or support sales in your “Territory”, which means (a) the EEA + Switzerland if you are registered in any country within this region; or (b) outside the EEA + Switzerland, the country where your company is registered. HPE reserves the right to terminate your participation in the Program with immediate effect and without indemnity if you sell outside your Territory.
  10. HPE expects partners participating in E&G to uphold the highest standards of integrity in all business interactions. HPE has a zero tolerance policy prohibiting any and all forms of bribery, corruption, extortion, kickbacks and embezzlements. All E&G Participants are strictly prohibited from promising, offering, authorizing, giving or accepting anything of value, either directly or indirectly through a third party, in order to obtain or retain business, direct business to any person, or otherwise gain an improper advantage. For purposes of this policy, “anything of value” includes, but is not limited to, gifts, favors, entertainment, and meals, regardless of their value.
  11. E&G Participants, and their representatives and employees, agree to comply with all applicable anti-corruption laws, including but not limited to the U.S. FCPA and the U.K. Bribery Act (collectively, the “Anti-Corruption Laws”). In addition to the Anti-Corruption Laws, there may be other applicable local laws or regulations related to gifts to and entertainment of government officials and/or commercial entities. By joining E&G, you acknowledge and agree that you will not make any payment or transfer anything of value, offer, promise or give a financial or other advantage or request, agree to receive or accept a financial or other advantage either directly or indirectly to anyone with the intent to obtain or retain business or otherwise gain an improper business advantage. You also acknowledge and agree that every one of your representatives and employees who will be participating in E&G have been informed of and have agreed to abide by these terms.
  12. HPE also prohibits Participants in E&G, or their representatives or employees, from offering or providing cash or non-cash gifts, kickbacks, or entertainment to any HPE employee for any improper purpose, such as influencing him or her to take a course of action. HPE employees are similarly prohibited from soliciting such items. This prohibition extends to immediate family members of both E&G participants and HPE employees.
  13. These T&Cs and the services and deliverables, if any, provided or transferred hereunder are subject to the import, export, sanctions and embargo laws and regulations of the United States, European Union and other national governments (“International Trade Laws”). You agree to comply with all applicable International Trade Laws and to obtain any required authorizations, and must not undertake any transactions pursuant to this Agreement in or with sanctioned or embargoed countries (currently Cuba, Iran, N. Korea, Sudan, Syria and the Crimea Territory of Ukraine) or with persons or entities subject to sanctions under applicable.
  14. You agree to complete and comply with any regulatory compliance programs if and when asked by HPE.
  15. HPE may amend the Program Terms, including the conditions for the award of bonus points, at any time. Amendments shall come into force thirty (30) days after the date of publication of the amended Program Terms and/or the conditions for bonus points on the E&G portal.
  16. HPE may terminate the participation of a Participant by way of written notification without notice if the company, sales team or individual sales representative does not fulfil the program requirements or acts grossly negligent.
  17. HPE reserves the right to interrupt or terminate E&G at any time, stating or not stating reasons, with thirty (30) days written notice. Participation in E&G shall terminate automatically on termination of the HPE Partner Agreement.
  18. Disputes arising in connection with E&G shall be governed by the laws applicable to your HPE Partner Agreement, and the courts of that country shall have exclusive jurisdiction. For proximity partners, Swiss laws apply and the courts of Geneva, Switzerland have exclusive jurisdiction.

 

EXCUSION OF LIABILITY

  1. Guarantees and assurances: within the legally permissible framework, neither HPE, nor Aximpro nor any other agents, employees or suppliers used for execution and administration of E&G grant (either directly or indirectly) any guarantees nor do they give any assurances for the following:
    1. that participation in E&G and/or access to E&G, in full or in part, program materials, content, information and/or any functions contained therein shall be granted without interruption, in good time, securely or free of error.
    2. that, as a result of any online activity related to E&G, no computer viruses shall be transmitted or no damage to the computer system of Participants shall arise.
  2. Limitation of liability: within the permissible framework of applicable law and with the exception of personal injury (including death), Participant expressly declares that he agrees to the fact that HPE, Aximpro and (if relevant) their agents, sub-contractors or suppliers are not responsible for liability, loss, claims, expenses or damage, whether direct or indirect, incidental, special follow-up damage or punishment including damages, including but not limited to damage due to the loss of profit, goodwill, data or other material loss which result from the following:
    1. participation in E&G, use of E&G, redemption of the premiums and use of the premium items including but not limited to incorrect credits to or debits from the account of a Participant that are carried out by another person using the user ID of that Participant and/or modification, alteration to or deletion of any personal data of the person possessing the user ID;
    2. modifications to, or cessation of distribution of any products, goods or services and/or their removal from E&G or incentives planned thereunder and/or any evaluation of premiums within the framework of E&G that results from such modifications, deletion or removal.
  3. Tax liability: Participants (or their employee to whom the benefits is given as the case may be) will be directly responsible for accounting for and paying to their local tax offices any tax liability, social security or National Insurance (NI) contributions arising from participation in E&G. HPE and Aximpro will not assume any liability for tax, social security or NI arising from participation in any incentive offered in the framework of E&G.
    In order to receive a voluntary compensation payment for HPE for local taxes incurred in relation to the payouts for the E&G programme, participants must provide valid and complete bank details on the E&G portal. The compensation payment will only be made from the first quarter as of which bank details are provided in the E&G portal.
    A payment will only be made by HPE/Aximpro from an incentive amount of 10 BP / EUR. Remaining bonus points under the minimum amount shall lapse at the end of the promotion period.
  4. Notices: notices to Participants can be sent by email or post. The program website can also contain notices about amendments to the general terms and conditions or other general notes on the program for Participants through the display of notices or links to notices.

 

RULES AND CONDITIONS OF INDIVIDUAL INCENTIVES

  1. E&G comprises different incentives with defined incentive periods, eligible products and solutions and eligible partner types for participation. HPE products and solutions eligible for E&G can be found in the relevant incentive product list on the E&G portal (www.engageandgrow.eu). A list of the individual conditions for the award of bonus points under each incentive as well as the incentive period can also be inspected there.
  2. Individual E&G participants must be nominated by their employer. The bonus points and premiums shall only be awarded to them and apply only for their advantage. Public sector companies are not eligible to participate in E&G.
  3. Participants agree to instruct each individual E&G participant to keep his personal profile on the program website up-to-date. Aximpro shall also be notified if an individual participant in E&G leaves Participant employment. Any personal data which individual participants may provide will be used by HPE and Aximpro for the purposes of this program only.
  4. In cases of dispute, which arise from E&G, HPE, or Aximpro on HPE’s behalf, has the right, in particular in cases of dispute concerning bonus point allocation within the framework of E&G, to make final decisions.

 

PROGRAM POINTS AND TIME FRAMES

  1. Each nominated participant can find detailed information after his/her first login on the web site www.engageandgrow.eu.
  2. The date of the sales invoice shall be regarded as the day of acquisition of bonus points.
  3. All relevant data on the sales of the whole team nominated by a Participant and the number of bonus points can be inspected on the portal www.engageandgrow.eu.
  4. After the end of the incentive period, participants (individuals or teams) nominated by their employer shall receive a sum of money corresponding to the value of their bonus points on the prepaid credit card for the purchase of premiums/goods.
  5. One bonus point equals one € (Euro). The loading of the credit cards will take place in euro.
  6. The distribution of the bonus points to respective individual participants will be made by the sales team or a company administrator nominated by Participants. This administrator has to be defined in the company registration and setup process. Once the bonus points are available for distribution, the sales team/company administrator will be informed by Aximpro. From this point onwards, the points will be available for 4 weeks for distribution. After this time period, the bonus points will expire.

    For Partner Ready Silber and Business Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 5000 BP per company (with a minimum of 5 or more sales employees).

    For Proximity Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 2000 BP per company (with a minimum of 2 or more sales employees).

  7. In the case of a faulty premium payment, the Participant is obliged to refund the overpaid sum within twenty-eight (28) days of receiving a correction letter from Aximpro.
  8. It is compulsory to login to the portal within 30 days in order to participate.

 

USE OF CREDIT CARDS

  1. Within the registration process the duly authorized representative of Participant decides whether Participant uses one credit card for the entire company or multiple cards for every member of the sales team to honour individual sales achievements of sales managers. After the end of the incentive period, this card shall be topped up by the company’s program administrator with a certain sum of money. The administrator of the company/sales team shall decide individually on the award of bonus points in the sales team and thus on the amount of the sums of money to be topped up.
  2. The transmission of all relevant data for the assignment of a credit card by means of the E&G portal is the responsibility of the nominated beneficiaries. HPE reserves the right to approve participation in the credit card program in accordance with its sole and free discretion.
  3. The users of credit cards shall fulfil the determined conditions at all times.
  4. The credit card user (end user) is responsible for the use of the card and solely liable for the use and any loss which may arise through incorrect use or through giving incorrect information. Each participant is entitled to receive a maximum of only one card.
  5. The credit card may not be used for the purpose of tax evasion or avoidance, or for any unethical or criminal behaviour.
  6. It is not permitted to lend the card to third parties or to allow third parties to make purchases with the prepaid card.
  7. The credit card is and remains the property of HPE’s sub-contractor Aximpro.
  8. The cards may not be destroyed except on express, written request of Aximpro. In the case of wilful destruction of a card, the costs for replacement shall be borne by the card user.
  9. Any loss of the card shall be reported directly at any time. Any costs through misuse that arise because the loss was not reported shall be borne by the card user.
  10. Aximpro, acting on behalf of HPE, is entitled at any time to block, restrict or cancel the cards if there are any concerns about the security of the card. This would be the case, for example, in the case of fraudulent intent, non-permitted use, in the case of theft or loss of the card. Before these measures are implemented, Aximpro shall inform the card user concerned in the run-up or directly thereafter depending on the urgency. A replacement card shall be provided immediately or as soon as the situation no longer exists in this form. If necessary, the card user shall be required to fill in a complete declaration and return it to Aximpro. The card user declares that he is prepared to support Aximpro in all investigations becoming necessary.
  11. All data in connection with the card shall be kept strictly confidential in accordance with applicable data protection laws and regulations. The data shall be used only for activities related to the use of the credit card.
  12. The credit cards remain valid as stated on the good thru date on the credit card.
  13. The program can be interrupted or terminated by HPE without stating reasons.
  14. For fraudulent deception regarding the card holder/use, the credit card will be blocked and the participant will be excluded from the E&G programme.
  15. Only 1 credit card can be activated per registered participant.

 

ONLINE TRAINING

  1. HPE Group will analyse which training you have attended, for ensuring you as HPE reseller have acquired enough knowledge about HPE products and services. In this context HPE may suggest you to attend further trainings.

Terms & Conditions for Engage & Grow in Israel

 

For HPE Distributors, Partner Ready Silver and Business Partners and proximity partners

 

INTRODUCTION

  1. Engage & Grow (“E&G”) is an incentive program for HPE Partner Ready Silver and Business partners, HPE Distributors as well as, with limitations, proximity partners. E&G is designed to incentivize sales representatives and, in certain instances, sales teams. Within the overall E&G framework, different incentives are made available for participation by partners and HPE Distributors. In the context of each incentive, bonus points are awarded for different activities, including the achievement of defined sales goals (for distributors only), sales of eligible HPE products or solutions and certain non-sales activities (training, download, etc.). These bonus points are converted into cash premiums at the end of each incentive period, awarded through prepaid credit cards.
  2. The Promoter of E&G is Hewlett-Packard (Israel) Ltd. (“HPE”). HPE has appointed Aximpro GmbH, with its registered office in Freising (Germany) (“Aximpro”) to execute E&G on HPE’s behalf as its subcontractor.
  3. Participation in E&G is open to proximity partners, HPE Partner Ready Business and Silver Partners and HPE Distributors with a valid HPE Partner Agreement, if they adhere to the present Terms & Conditions (“Participants”). Proximity partners may participate in E&G as long as their total sales of HPE products and solutions in a HPE fiscal year remain below the applicable country thresholds for HPE Partner Ready Business Partners. Once a proximity partner reaches this thresholds, he has to apply for Business Partner on-boarding. If he has not been on-boarded successfully within 4 weeks after the beginning of the quarter following the quarter when he reached the threshold, his participation in E & G will be terminated automatically and he will not be eligible for bonus points as of that quarter. Reviews will be done quarterly.
  4. Registration and participation in E&G constitutes full and unconditional acceptance of these Terms & Conditions. Participant registration must be effected by a duly authorized representative of Participant.
  5. E&G applies only to product sales made within the incentive period as set out on the portal and after successful registration to E&G. No bonus points will be awarded retroactively in relation to sell-out or activities performed before successful registration.
  6. A limited budget of bonus points is available for each promotion (incentive) of Engage & Grow for the partners. For distributors, separate bonus limitations also exist for selected promotions, which are communicated in advance.
    As soon as the maximum limit has been reached for a promotion, i.e. the available budget is fully utilised, no further bonus points will be allocated for this promotion. The percentage status of the budget utilisation can be viewed in the E&G portal.
  7. E&G does not apply to loan contracts for products to third parties.
  8. Only new products and/or support qualify for the award of bonus points. Demonstration models, re-marketing products or used devices are excluded for this purpose.
  9. E&G applies only to HPE product or support sales in your “Territory”, which means (a) the EEA + Switzerland if you are registered in any country within this region; or (b) outside the EEA + Switzerland, the country where your company is registered. HPE reserves the right to terminate your participation in the Program with immediate effect and without indemnity if you sell outside your Territory.
  10. HPE expects partners participating in E&G to uphold the highest standards of integrity in all business interactions. HPE has a zero tolerance policy prohibiting any and all forms of bribery, corruption, extortion, kickbacks and embezzlements. All E&G Participants are strictly prohibited from promising, offering, authorizing, giving or accepting anything of value, either directly or indirectly through a third party, in order to obtain or retain business, direct business to any person, or otherwise gain an improper advantage. For purposes of this policy, “anything of value” includes, but is not limited to, gifts, favors, entertainment, and meals, regardless of their value.
  11. E&G Participants, and their representatives and employees, agree to comply with all applicable anti-corruption laws, including but not limited to the U.S. FCPA and the U.K. Bribery Act (collectively, the “Anti-Corruption Laws”). In addition to the Anti-Corruption Laws, there may be other applicable local laws or regulations related to gifts to and entertainment of government officials and/or commercial entities. By joining E&G, you acknowledge and agree that you will not make any payment or transfer anything of value, offer, promise or give a financial or other advantage or request, agree to receive or accept a financial or other advantage either directly or indirectly to anyone with the intent to obtain or retain business or otherwise gain an improper business advantage. You also acknowledge and agree that every one of your representatives and employees who will be participating in E&G have been informed of and have agreed to abide by these terms.
  12. HPE also prohibits Participants in E&G, or their representatives or employees, from offering or providing cash or non-cash gifts, kickbacks, or entertainment to any HPE employee for any improper purpose, such as influencing him or her to take a course of action. HPE employees are similarly prohibited from soliciting such items. This prohibition extends to immediate family members of both E&G participants and HPE employees.
  13. These T&Cs and the services and deliverables, if any, provided or transferred hereunder are subject to the import, export, sanctions and embargo laws and regulations of the United States, European Union and other national governments (“International Trade Laws”). You agree to comply with all applicable International Trade Laws and to obtain any required authorizations, and must not undertake any transactions pursuant to this Agreement in or with sanctioned or embargoed countries (currently Cuba, Iran, N. Korea, Sudan, Syria and the Crimea Territory of Ukraine) or with persons or entities subject to sanctions under applicable.
  14. You agree to complete and comply with any regulatory compliance programs if and when asked by HPE.
  15. HPE may amend the Program Terms, including the conditions for the award of bonus points, at any time. Amendments shall come into force thirty (30) days after the date of publication of the amended Program Terms and/or the conditions for bonus points on the E&G portal.
  16. HPE may terminate the participation of a Participant by way of written notification without notice if the company, sales team or individual sales representative does not fulfil the program requirements or acts grossly negligent.
  17. HPE reserves the right to interrupt or terminate E&G at any time, stating or not stating reasons, with thirty (30) days written notice. Participation in E&G shall terminate automatically on termination of the HPE Partner Agreement.
  18. Disputes arising in connection with E&G shall be governed by the laws applicable to your HPE Partner Agreement, and the courts of that country shall have exclusive jurisdiction. For proximity partners, Swiss laws apply and the courts of Geneva, Switzerland have exclusive jurisdiction.

 

EXCUSION OF LIABILITY

  1. Guarantees and assurances: within the legally permissible framework, neither HPE, nor Aximpro nor any other agents, employees or suppliers used for execution and administration of E&G grant (either directly or indirectly) any guarantees nor do they give any assurances for the following:
    1. that participation in E&G and/or access to E&G, in full or in part, program materials, content, information and/or any functions contained therein shall be granted without interruption, in good time, securely or free of error.
    2. that, as a result of any online activity related to E&G, no computer viruses shall be transmitted or no damage to the computer system of Participants shall arise.
  2. Limitation of liability: within the permissible framework of applicable law and with the exception of personal injury (including death), Participant expressly declares that he agrees to the fact that HPE, Aximpro and (if relevant) their agents, sub-contractors or suppliers are not responsible for liability, loss, claims, expenses or damage, whether direct or indirect, incidental, special follow-up damage or punishment including damages, including but not limited to damage due to the loss of profit, goodwill, data or other material loss which result from the following:
    1. participation in E&G, use of E&G, redemption of the premiums and use of the premium items including but not limited to incorrect credits to or debits from the account of a Participant that are carried out by another person using the user ID of that Participant and/or modification, alteration to or deletion of any personal data of the person possessing the user ID;
    2. modifications to, or cessation of distribution of any products, goods or services and/or their removal from E&G or incentives planned thereunder and/or any evaluation of premiums within the framework of E&G that results from such modifications, deletion or removal.
  3. Tax liability: Participants (or their employee to whom the benefits is given as the case may be) will be directly responsible for accounting for and paying to their local tax offices any tax liability, social security or National Insurance (NI) contributions arising from participation in E&G. HPE and Aximpro will not assume any liability for tax, social security or NI arising from participation in any incentive offered in the framework of E&G.
    In order to receive a voluntary compensation payment for HPE for local taxes incurred in relation to the payouts for the E&G programme, participants must provide valid and complete bank details on the E&G portal. The compensation payment will only be made from the first quarter as of which bank details are provided in the E&G portal.
    A payment will only be made by HPE/Aximpro from an incentive amount of 10 BP / EUR. Remaining bonus points under the minimum amount shall lapse at the end of the promotion period.
  4. Notices: notices to Participants can be sent by email or post. The program website can also contain notices about amendments to the general terms and conditions or other general notes on the program for Participants through the display of notices or links to notices.

 

RULES AND CONDITIONS OF INDIVIDUAL INCENTIVES

  1. E&G comprises different incentives with defined incentive periods, eligible products and solutions and eligible partner types for participation. HPE products and solutions eligible for E&G can be found in the relevant incentive product list on the E&G portal (www.engageandgrow.eu). A list of the individual conditions for the award of bonus points under each incentive as well as the incentive period can also be inspected there.
  2. Individual E&G participants must be nominated by their employer. The bonus points and premiums shall only be awarded to them and apply only for their advantage. Public sector companies are not eligible to participate in E&G.
  3. Participants agree to instruct each individual E&G participant to keep his personal profile on the program website up-to-date. Aximpro shall also be notified if an individual participant in E&G leaves Participant employment. Any personal data which individual participants may provide will be used by HPE and Aximpro for the purposes of this program only. Personal data is provided on a voluntary basis.
  4. In cases of dispute, which arise from E&G, HPE, or Aximpro on HPE’s behalf, has the right, in particular in cases of dispute concerning bonus point allocation within the framework of E&G, to make final decisions.

 

PROGRAM POINTS AND TIME FRAMES

  1. Each nominated participant can find detailed information after his/her first login on the web site www.engageandgrow.eu.
  2. The date of the sales invoice shall be regarded as the day of acquisition of bonus points.
  3. All relevant data on the sales of the whole team nominated by a Participant and the number of bonus points can be inspected on the portal www.engageandgrow.eu.
  4. After the end of the incentive period, participants (individuals or teams) nominated by their employer shall receive a sum of money corresponding to the value of their bonus points on the prepaid credit card for the purchase of premiums/goods.
  5. One bonus point equals one € (Euro). The loading of the credit cards will take place in euro.
  6. The distribution of the bonus points to respective individual participants will be made by the sales team or a company administrator nominated by Participants. This administrator has to be defined in the company registration and setup process. Once the bonus points are available for distribution, the sales team/company administrator will be informed by Aximpro. From this point onwards, the points will be available for 4 weeks for distribution. After this time period, the bonus points will expire.

    For Partner Ready Silber and Business Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 5000 BP per company (with a minimum of 5 or more sales employees).

    For Proximity Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 2000 BP per company (with a minimum of 2 or more sales employees).

  7. In the case of a faulty premium payment, the Participant is obliged to refund the overpaid sum within twenty-eight (28) days of receiving a correction letter from Aximpro.
  8. It is compulsory to login to the portal within 30 days in order to participate.

 

USE OF CREDIT CARDS

  1. Within the registration process the duly authorized representative of Participant decides whether Participant uses one credit card for the entire company or multiple cards for every member of the sales team to honour individual sales achievements of sales managers. After the end of the incentive period, this card shall be topped up by the company’s program administrator with a certain sum of money. The administrator of the company/sales team shall decide individually on the award of bonus points in the sales team and thus on the amount of the sums of money to be topped up.
  2. The transmission of all relevant data for the assignment of a credit card by means of the E&G portal is the responsibility of the nominated beneficiaries. HPE reserves the right to approve participation in the credit card program in accordance with its sole and free discretion.
  3. The users of credit cards shall fulfil the determined conditions at all times.
  4. The credit card user (end user) is responsible for the use of the card and solely liable for the use and any loss which may arise through incorrect use or through giving incorrect information. Each participant is entitled to receive a maximum of only one card.
  5. The credit card may not be used for the purpose of tax evasion or avoidance, or for any unethical or criminal behaviour.
  6. It is not permitted to lend the card to third parties or to allow third parties to make purchases with the prepaid card.
  7. The credit card is and remains the property of HPE’s sub-contractor Aximpro.
  8. The cards may not be destroyed except on express, written request of Aximpro. In the case of wilful destruction of a card, the costs for replacement shall be borne by the card user.
  9. Any loss of the card shall be reported directly at any time. Any costs through misuse that arise because the loss was not reported shall be borne by the card user.
  10. Aximpro, acting on behalf of HPE, is entitled at any time to block, restrict or cancel the cards if there are any concerns about the security of the card. This would be the case, for example, in the case of fraudulent intent, non-permitted use, in the case of theft or loss of the card. Before these measures are implemented, Aximpro shall inform the card user concerned in the run-up or directly thereafter depending on the urgency. A replacement card shall be provided immediately or as soon as the situation no longer exists in this form. If necessary, the card user shall be required to fill in a complete declaration and return it to Aximpro. The card user declares that he is prepared to support Aximpro in all investigations becoming necessary.
  11. All data in connection with the card shall be kept strictly confidential in accordance with applicable data protection laws and regulations. The data shall be used only for activities related to the use of the credit card.
  12. The credit cards remain valid as stated on the good thru date on the credit card.
  13. The program can be interrupted or terminated by HPE without stating reasons.
  14. For fraudulent deception regarding the card holder/use, the credit card will be blocked and the participant will be excluded from the E&G programme.
  15. Only 1 credit card can be activated per registered participant.

 

ONLINE TRAINING

  1. HPE Group will analyse which training you have attended, for ensuring you as HPE reseller have acquired enough knowledge about HPE products and services. In this context HPE may suggest you to attend further trainings.

Terms &Conditions for Engage & Grow in Egypt

 

For HPE Distributors, Partner Ready Silver and Business Partners and Proximity Partners

 

INTRODUCTION

  1. Engage & Grow (“E&G”) is an incentive program for HPE Partner Ready Silver and Business partners, HPE Distributors as well as, with limitations, proximity partners. E&G is designed to incentivize sales representatives and, in certain instances, sales teams. Within the overall E&G framework, different incentives are made available for participation by partners and HPE Distributors. In the context of each incentive, bonus points are awarded for different activities, including the achievement of defined sales goals (for distributors only), sales of eligible HPE products or solutions and certain non-sales activities (training, download, etc.). These bonus points are converted into cash premiums at the end of each incentive period, awarded through prepaid credit cards.
  2. The Promoter of E&G is Hewlett Packard Egypt Ltd. (“HPE”). HPE has appointed Aximpro GmbH, with its registered office in Freising (Germany) (“Aximpro”) to execute E&G on HPE’s behalf as its subcontractor.
  3. Participation in E&G is open to proximity partners, HPE Partner Ready Business and Silver Partners and HPE Distributors with a valid HPE Partner Agreement, if they adhere to the present Terms & Conditions (“Participants”). Proximity partners may participate in E&G as long as their total sales of HPE products and solutions in a HPE fiscal year remain below the applicable country thresholds for HPE Partner Ready Business Partners. Once a proximity partner reaches this threshold, he has to apply for Business Partner on-boarding. If he has not been on-boarded successfully within 4 weeks after the beginning of the quarter following the quarter when he reached the threshold, his participation in E & G will be terminated automatically and he will not be eligible for bonus points as of that quarter. Reviews will be done quarterly.
  4. Registration and participation in E&G constitutes full and unconditional acceptance of these Terms & Conditions. Participant registration must be effected by a duly authorized representative of Participant.
  5. E&G applies only to product sales made within the incentive period as set out on the portal and after successful registration to E&G. No bonus points will be awarded retroactively in relation to sell-out or activities performed before successful registration.
  6. A limited budget of bonus points is available for each promotion (incentive) of Engage & Grow for the partners. For distributors, separate bonus limitations also exist for selected promotions, which are communicated in advance.
    As soon as the maximum limit has been reached for a promotion, i.e. the available budget is fully utilised, no further bonus points will be allocated for this promotion. The percentage status of the budget utilisation can be viewed in the E&G portal.
  7. E&G does not apply to loan contracts for products to third parties.
  8. Only new products and/or support qualify for the award of bonus points. Demonstration models, re-marketing products or used devices are excluded for this purpose.
  9. E&G applies only to HPE product or support sales in your “Territory”, which means (a) the EEA + Switzerland if you are registered in any country within this region; or (b) outside the EEA + Switzerland, the country where your company is registered. HPE reserves the right to terminate your participation in the Program with immediate effect and without indemnity if you sell outside your Territory.
  10. HPE expects partners participating in E&G to uphold the highest standards of integrity in all business interactions. HPE has a zero tolerance policy prohibiting any and all forms of bribery, corruption, extortion, kickbacks and embezzlements. All E&G Participants are strictly prohibited from promising, offering, authorizing, giving or accepting anything of value, either directly or indirectly through a third party, in order to obtain or retain business, direct business to any person, or otherwise gain an improper advantage. For purposes of this policy, “anything of value” includes, but is not limited to, gifts, favours, entertainment, and meals, regardless of their value.
  11. E&G Participants, and their representatives and employees, agree to comply with all applicable anti-corruption laws, including but not limited to the U.S. FCPA and the U.K. Bribery Act (collectively, the “Anti-Corruption Laws”). In addition to the Anti-Corruption Laws, there may be other applicable local laws or regulations related to gifts to and entertainment of government officials and/or commercial entities. By joining E&G, you acknowledge and agree that you will not make any payment or transfer anything of value, offer, promise or give a financial or other advantage or request, agree to receive or accept a financial or other advantage either directly or indirectly to anyone with the intent to obtain or retain business or otherwise gain an improper business advantage. You also acknowledge and agree that every one of your representatives and employees who will be participating in E&G have been informed of and have agreed to abide by these terms.
  12. HPE also prohibits Participants in E&G, or their representatives or employees, from offering or providing cash or non-cash gifts, kickbacks, or entertainment to any HPE employee for any improper purpose, such as influencing him or her to take a course of action. HPE employees are similarly prohibited from soliciting such items. This prohibition extends to immediate family members of both E&G participants and HPE employees.
  13. These T&Cs and the services and deliverables, if any, provided or transferred hereunder are subject to the import, export, sanctions and embargo laws and regulations of the United States, European Union and other national governments (“International Trade Laws”). You agree to comply with all applicable International Trade Laws and to obtain any required authorizations, and must not undertake any transactions pursuant to this Agreement in or with sanctioned or embargoed countries (currently Cuba, Iran, N. Korea, Sudan, Syria and the Crimea Territory of Ukraine) or with persons or entities subject to sanctions under applicable.
  14. You agree to complete and comply with any regulatory compliance programs if and when asked by HPE.
  15. HPE may amend the Program Terms, including the conditions for the award of bonus points, at any time. Amendments shall come into force thirty (30) days after the date of publication of the amended Program Terms and/or the conditions for bonus points on the E&G portal.
  16. HPE may terminate the participation of a Participant by way of written notification without notice if the company, sales team or individual sales representative does not fulfil the program requirements or acts grossly negligent.
  17. HPE reserves the right to interrupt or terminate E&G at any time, stating or not stating reasons, with thirty (30) days written notice. Participation in E&G shall terminate automatically on termination of the HPE Partner Agreement.
  18. Disputes arising in connection with E&G shall be governed by the laws applicable to your HPE Partner Agreement, and the courts of that country shall have exclusive jurisdiction. For proximity partners, Swiss laws apply and the courts of Geneva, Switzerland have exclusive jurisdiction.

 

EXCUSION OF LIABILITY

  1. Guarantees and assurances: within the legally permissible framework, neither HPE, nor Aximpro nor any other agents, employees or suppliers used for execution and administration of E&G grant (either directly or indirectly) any guarantees nor do they give any assurances for the following:
    1. that participation in E&G and/or access to E&G, in full or in part, program materials, content, information and/or any functions contained therein shall be granted without interruption, in good time, securely or free of error.
    2. that, as a result of any online activity related to E&G, no computer viruses shall be transmitted or no damage to the computer system of Participants shall arise.
  2. Limitation of liability: within the permissible framework of applicable law and with the exception of personal injury (including death), Participant expressly declares that he agrees to the fact that HPE, Aximpro and (if relevant) their agents, sub-contractors or suppliers are not responsible for liability, loss, claims, expenses or damage, whether direct or indirect, incidental, special follow-up damage or punishment including damages, including but not limited to damage due to the loss of profit, goodwill, data or other material loss which result from the following:
    1. participation in E&G, use of E&G, redemption of the premiums and use of the premium items including but not limited to incorrect credits to or debits from the account of a Participant that are carried out by another person using the user ID of that Participant and/or modification, alteration to or deletion of any personal data of the person possessing the user ID;
    2. modifications to, or cessation of distribution of any products, goods or services and/or their removal from E&G or incentives planned thereunder and/or any evaluation of premiums within the framework of E&G that results from such modifications, deletion or removal.
  3. Tax liability: Participants (or their employee to whom the benefits is given as the case may be) will be directly responsible for accounting for and paying to their local tax offices any tax liability, social security or National Insurance (NI) contributions arising from participation in E&G. HPE and Aximpro will not assume any liability for tax, social security or NI arising from participation in any incentive offered in the framework of E&G.
    In order to receive a voluntary compensation payment for HPE for local taxes incurred in relation to the payouts for the E&G programme, participants must provide valid and complete bank details on the E&G portal. The compensation payment will only be made from the first quarter as of which bank details are provided in the E&G portal.
    A payment will only be made by HPE/Aximpro from an incentive amount of 10 BP / EUR. Remaining bonus points under the minimum amount shall lapse at the end of the promotion period.
  4. Notices: notices to Participants can be sent by email or post. The program website can also contain notices about amendments to the general terms and conditions or other general notes on the program for Participants through the display of notices or links to notices.

 

RULES AND CONDITIONS OF INDIVIDUAL INCENTIVES

  1. E&G comprises different incentives with defined incentive periods, eligible products and solutions and eligible partner types for participation. HPE products and solutions eligible for E&G can be found in the relevant incentive product list on the E&G portal (www.engageandgrow.eu). A list of the individual conditions for the award of bonus points under each incentive as well as the incentive period can also be inspected there.
  2. Individual E&G participants must be nominated by their employer. The bonus points and premiums shall only be awarded to them and apply only for their advantage. Public sector companies are not eligible to participate in E&G.
  3. Participants agree to instruct each individual E&G participant to keep his personal profile on the program website up-to-date. Aximpro shall also be notified if an individual participant in E&G leaves Participant employment. Any personal data which individual participants may provide will be used by HPE and Aximpro for the purposes of this program only.
  4. In cases of dispute, which arise from E&G, HPE, or Aximpro on HPE’s behalf, has the right, in particular in cases of dispute concerning bonus point allocation within the framework of E&G, to make final decisions.

 

PROGRAM POINTS AND TIME FRAMES

  1. Each nominated participant can find detailed information after his/her first login on the web site www.engageandgrow.eu.
  2. The date of the sales invoice shall be regarded as the day of acquisition of bonus points.
  3. All relevant data on the sales of the whole team nominated by a Participant and the number of bonus points can be inspected on the portal www.engageandgrow.eu.
  4. After the end of the incentive period, participants (individuals or teams) nominated by their employer shall receive a sum of money corresponding to the value of their bonus points on the prepaid credit card for the purchase of premiums/goods.
  5. One bonus point equals one € (Euro). The loading of the credit cards will take place in euro.
  6. The distribution of the bonus points to respective individual participants will be made by the sales team or a company administrator nominated by Participants. This administrator has to be defined in the company registration and setup process. Once the bonus points are available for distribution, the sales team/company administrator will be informed by Aximpro. From this point onwards, the points will be available for 4 weeks for distribution. After this time period, the bonus points will expire.

    For Partner Ready Silber and Business Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 5000 BP per company (with a minimum of 5 or more sales employees).

    For Proximity Partner:
    The company limit will increase by 1000 BP per registered sales employee, up to a maximum of 2000 BP per company (with a minimum of 2 or more sales employees).

  7. In the case of a faulty premium payment, the Participant is obliged to refund the overpaid sum within twenty-eight (28) days of receiving a correction letter from Aximpro.
  8. It is compulsory to login to the portal within 30 days in order to participate.

 

USE OF CREDIT CARDS

  1. Within the registration process the duly authorized representative of Participant decides whether Participant uses one credit card for the entire company or multiple cards for every member of the sales team to honour individual sales achievements of sales managers. After the end of the incentive period, this card shall be topped up by the company’s program administrator with a certain sum of money. The administrator of the company/sales team shall decide individually on the award of bonus points in the sales team and thus on the amount of the sums of money to be topped up.
  2. The transmission of all relevant data for the assignment of a credit card by means of the E&G portal is the responsibility of the nominated beneficiaries. HPE reserves the right to approve participation in the credit card program in accordance with its sole and free discretion.
  3. The users of credit cards shall fulfil the determined conditions at all times.
  4. The credit card user (end user) is responsible for the use of the card and solely liable for the use and any loss which may arise through incorrect use or through giving incorrect information. Each participant is entitled to receive a maximum of only one card.
  5. The credit card may not be used for the purpose of tax evasion or avoidance, or for any unethical or criminal behaviour.
  6. It is not permitted to lend the card to third parties or to allow third parties to make purchases with the prepaid card.
  7. The credit card is and remains the property of HPE’s sub-contractor Aximpro.
  8. The cards may not be destroyed except on express, written request of Aximpro. In the case of wilful destruction of a card, the costs for replacement shall be borne by the card user.
  9. Any loss of the card shall be reported directly at any time. Any costs through misuse that arise because the loss was not reported shall be borne by the card user.
  10. Aximpro, acting on behalf of HPE, is entitled at any time to block, restrict or cancel the cards if there are any concerns about the security of the card. This would be the case, for example, in the case of fraudulent intent, non-permitted use, in the case of theft or loss of the card. Before these measures are implemented, Aximpro shall inform the card user concerned in the run-up or directly thereafter depending on the urgency. A replacement card shall be provided immediately or as soon as the situation no longer exists in this form. If necessary, the card user shall be required to fill in a complete declaration and return it to Aximpro. The card user declares that he is prepared to support Aximpro in all investigations becoming necessary.
  11. All data in connection with the card shall be kept strictly confidential in accordance with applicable data protection laws and regulations. The data shall be used only for activities related to the use of the credit card.
  12. The credit cards remain valid as stated on the good thru date on the credit card.
  13. The program can be interrupted or terminated by HPE without stating reasons.
  14. For fraudulent deception regarding the card holder/use, the credit card will be blocked and the participant will be excluded from the E&G programme.
  15. Only 1 credit card can be activated per registered participant.

 

ONLINE TRAINING

  1. HPE Group will analyse which training you have attended, for ensuring you as HPE reseller have acquired enough knowledge about HPE products and services. In this context HPE may suggest you to attend further trainings.
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