Seagate Technology LLC (“Seagate”, “we”, “our” or “us”) welcomes the opportunity to partner with the reseller community by offering a reseller partner program to help promote Seagate products. The Seagate Partner Program (“SPP”) offers useful tools, promotions and programs for our resellers. Membership is open to all storage resellers, system builders, direct marketers, retailers and OEMs who purchase Seagate storage products. Some features, promotions or services may be open to only a certain category of members or members located in certain countries or territories. The following terms apply to your participation in SPP, and you will be bound by these terms when you register to become a member of SPP or participate in any SPP activities or features. Seagate may amend these terms at any time by posting the amended terms at http://www.seagate.com/www/en-us/partners. The amended terms will become effective upon posting. In addition, by using www.seagate.com, you are subject to, and you agree to be bound by, the Terms and Conditions and the Privacy Policy of this website. For questions, please contact partner.support@seagate.com.
Membership Registration
To become a member of SPP you must complete the registration and profile form provided at the SPP Registration Page. The person registering must be at least 18 years old and must have reached the age of majority in the country, state or province of such person’s residence. Each registrant must provide true, accurate and complete information about the registrant and his/her company as prompted by the registration form (“Registration Data”), and must maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we have the right to suspend or terminate your membership and refuse any and all current or future access to SPP (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your membership and SPP by email. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about SPP.
Programs and Eligibility
The following is a list of selected features and services offered through SPP. These features, and eligibility requirements, may vary depending on region and are subject to modification at the discretion of Seagate.
Quarterly Evaluation Program: This program is only available to SPP members and may vary by region. This program may not be offered every quarter. End-users are not eligible to participate in this program.
Quarterly Training Events: Training events may vary by region and type. Training events may consist of instructor lead training, teleconferences or net seminars. You must be an SPP member to attend. Certain events may be by invitation only.
Specific Promotions: Eligibility will be determined on a program-by-program basis.
eTools: These online tools are designed to assist members in the development of ads and catalog pages and are open to all members. Online tools may not be available in all regions.
Seagate Services: Commissions will be paid to SPP members for each qualified revenue transaction per the specified terms and conditions of each service offering.
SPP Premier Program. The SPP Premier Program provides additional incentives and benefits for valued partners who meet membership criteria determined by Seagate. Seagate has the right to make final determination of SPP Premier status in its sole discretion. For more information regarding the SPP Premier program, please contact your Seagate sales representative.
Advanced Replacement Option (ARO). Certain SPP members may be eligible for ARO. If you are eligible to participate in an ARO program, you authorize Seagate to charge your credit card or debit amounts owed to you, as applicable, for product not returned within 30 days of request, or for product not otherwise returned in compliance with the ARO program.
Additional Incentives and Programs: Additional incentives and programs may be available to SPP members and eligibility may vary by region. Terms and conditions for additional incentives and programs are subject to any existing terms and conditions you may have with Seagate. Distributors, key channel integrator (KCI) customers, direct marketer (DM) customers, direct pricing program (DPP) participants, or any other party that receives rebates through another Seagate program may not be eligible. Eligibility will be determined in Seagate’s sole discretion. End-users are not eligible.
All features, programs and services offered through SPP are provided to members for the purpose of promoting Seagate products and fostering product growth; accordingly, such features, programs and services, and any information and material offered in connection therewith, should be used only to promote Seagate products. Additional terms, conditions and restrictions may apply on all features, programs and services.
Termination
We reserve the right to terminate your membership or your participation in all or some of the features or services of SPP for any reason without notification. We may, in our sole discretion and at any time, modify or terminate SPP or any features or services offered through SPP.
Intellectual Property
All right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in or practiced in connection with SPP (“Seagate Intellectual Property Rights”) are owned by Seagate Technology LLC, its parent, subsidiaries or one of its affiliated companies (collectively, “Seagate Entities”), or its licensors, and you agree to make no claim of interest in or ownership of any such Seagate Intellectual Property Rights. Without limiting the generality of the foregoing, you acknowledge and agree that the trademarks, logos and service marks, whether registered or unregistered (collectively, the “Trademarks”) used in connection with SPP, including “Seagate”, “Seagate Technology” and “Seagate Partner Program”, are Trademarks of Seagate Entities or third parties. Nothing referenced in or obtained through SPP should be construed as granting by implication, estoppel or otherwise, any license or right to use any such Trademarks without our written consent and/or the consent of such third party that owns the Trademarks.
NO WARRANTIES
THE INFORMATION, MATERIAL AND SERVICES PROVIDED THROUGH SPP ARE PROVIDED “AS IS” AND WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND COMPLETENESS IS WITH THE USERS. WE MAKE NO WARRANTY, EITHER EXPRESS OR IMPLIED, THAT ANY INFORMATION, MATERIAL OR SERVICE PROVIDED THROUGH SPP IS MERCHANTABLE, ACCURATE, COMPLETE OR ERROR-FREE, THAT SUCH INFORMATION, MATERIAL OR SERVICE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS, OR THAT SUCH INFORMATION, MATERIAL OR SERVICE DOES NOT INFRINGE ON ANY THIRD PARTY RIGHTS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS RELATING TO ANY INFORMATION, MATERIAL OR SERVICE PROVIDED THROUGH SPP.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED BY LAW, NEITHER SEAGATE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING SPP WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST OPPORTUNITY), HOWEVER CAUSED, ARISING OUT OF YOUR PARTICIPATION IN SPP OR YOUR USE OF, OR RELIANCE ON, ANY INFORMATION, MATERIAL OR SERVICES PROVIDED THROUGH SPP, EVEN IF SEAGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Release of Liability
You agree to release, discharge, indemnify and hold harmless the Seagate Entities and their advertising and promotions agencies, and each of their respective officers, directors, employees, representatives, contractors and agents from and against any claims, damages, expenses, and liability arising from or related to any injuries, damages, or losses to any person (including death) or property of any kind resulting in whole or part, directly or indirectly, from your participation in SPP or using any features or services offered through SPP.
Governing Law/Dispute Resolution
SPP is maintained, controlled, operated and administered by Seagate from within the United States of America (USA). Seagate makes no representation that SPP or any features or services offered through SPP are appropriate for use at locations outside of USA. Participation in SPP (or in any feature or service offered through SPP) from countries where such participation is illegal is prohibited. If you participate in SPP from a location outside of USA, you are responsible for compliance with all local laws and USA export control laws. These terms and your participation in SPP are governed by the laws of USA and the State of California, without regard to conflict of laws rules. Seagate will consider any claim or dispute regarding the application of these terms in good faith, but its determination in any such case is final, absent manifest error or bad faith. This being said, any dispute arising out of these terms will be submitted to mediation before an agreed mediator from Judicial Arbitration and Mediation Services (“JAMS”) or its successor at a JAMS facility in Santa Clara County, California, USA, to whose jurisdiction the parties consent.
General
Any failure by us to enforce any of our rights under these terms or applicable laws shall not constitute a waiver of such right. If any provision of these terms is found to be invalid, you and we shall endeavor to give effect to the intent reflected in that provision, and the remaining terms shall retain their full force and effect.
You agree to follow and comply with any applicable laws in your participation in SPP.
Last Updated: December 5, 2008
