GENERAL. Access to the Lyve Mobile Deal Registration Program detailed herein is available to Solution Providers that are direct customers of Seagate and in good standing, including payments, with respect to Lyve Mobile services and the Lyve Portal for Mobile (“Portal”). The terms and conditions below, (“Registration Guidelines”) set out the procedures for Solution Providers to register opportunities through the Lyve Portal for Mobile. As used herein, “Deal Registration Program” means the deal registration program offered within the Portal per these Registration Guidelines.
DEAL REGISTRATION CRITERIA. In order to encourage Solution Providers to explore new business opportunities for Seagate, an opportunity is eligible for Deal Registration if the Solution Provider and the Solution Provider’s opportunity meets all of the following criteria as determined in Seagate’s sole discretion and to the extent permitted by law:
The potential deal is for a single business opportunity for the resale of Seagate Lyve Mobile Services to a single potential Customer (reseller or end customer) through the Portal.
The Deal Registration Program is intended to bring in new business only. As part of the evaluation process, Seagate will determine in its discretion if this opportunity qualifies as a new opportunity previously unknown to Seagate.
Before registering a deal, the Solution Provider must substantiate (to Seagate’s satisfaction) pre-sales efforts related to such deal, such as, but not limited to, meeting with the potential Customer’s decisionmakers, qualifying the opportunity, helping the potential Customer to quantify the project budget with Seagate, and helping the potential Customer to define the project requirements to include Lyve Mobile services. Solution Providers must include a description of such efforts in project description when configuring a project within the Portal deal registration tool. In addition, Solution Provider must document such efforts, including proof of date and time, to be provided to Seagate on request (potential Customer verification may be required).
Purchase for the underlying Deal Registration must be made through the Portal.
The deal is not being pursued directly by Seagate at the time the Solution Provider submits the deal registration. In certain circumstances, despite Seagate indicating a direct pursuit of the deal, the Solution Provider may reach out to Seagate (or Seagate may reach out to the Solution Provider) to discuss collaboration on the deal.
The deal is not registered by another Solution Provider. However, in certain circumstances, Seagate may grant registrations to multiple Solution Providers for the same deal, if requested or contemplated by Solution Provider’s deal registration submission or Seagate determines it is required by local laws.
The deal is not the subject of a Public Tender that has been published; provided, however, that before the Public Tender has been published, the Solution Provider shall be eligible to register the deal. “Public Tender” means a request for proposal (RFP), invitation for bid (IFB), indefinite delivery indefinite quantity (IDIQ), or similar public sector tender process that is subject to public procurement laws or regulations.
The aggregate size of the deal meets the Minimum Deal Size stated in the deal registration tool accessible via in Solution Provider’s Portal account. Aggregate deal size is determined before any taxes, shipping, handling, or other fees are applied. Only Lyve Mobile services are included in determining deal size – other Seagate or Lyve offerings and third-party products and services are not included in such determinations.
The Solution Provider must provide sufficient information when registering the deal to allow Seagate to determine whether the Solution Provider is well positioned to service the deal and whether to approve the deal registration submitted.
DEAL REGISTRATION PROCESS.
Solution Provider must comply with all of the following to register a deal:
The Solution Provider must accurately submit the deal for review via the Portal deal registration tool.
The Solution Provider must be the first to submit the deal with complete and accurate deal information unless otherwise approved by Seagate. When submitting a deal for approval, Solution Provider must provide known information regarding the potential Customer including full company name correctly spelled. If the Solution Provider submitting the deal registration request is teaming with another Solution Provider or with another Seagate customer on the opportunity, then the Solution Provider must identify the other Solution Provider and Seagate customer in the deal registration submission as part of the project description.
Seagate will notify the Solution Provider by email and updated status via the deal registration tool in the Solution Provider’s Portal account that the deal registration is approved, and the deal has been registered (“Deal Registration”), or that the deal registration has been declined. Seagate will strive to notify Solution Providers of its decision within two business days.
Seagate reserves the right to revoke participation in the Deal Registration Program as set forth in Section 6.
Seagate reserves the right to request additional supporting documentation for audit purposes per Section 9.
DEAL REGISTRATION TERM & RENEWALS. Deal Registrations accepted by Seagate are valid for 90 days unless a different period is specified by Seagate for the registered deal in Solution Provider’s Portal account via the deal registration tool. Solution Providers may submit renewal/re-registration of Deal Registrations to Seagate, and such renewed Deal Registrations will become effective only upon written notice of requalification and re-approval by Seagate.
DEAL REGISTRATION BENEFITS.
The following benefits will apply to the extent permitted by law, subject to Section 6 (Exceptions):
If Solution Provider is granted a Deal Registration, Seagate will support and/or participate in Solution Providers’ sell activities to maximize Solution Provider’s ability to close the opportunity. A strong visible business relationship (for Solution Provider’s end customer) between Seagate and Solution Provider.
Seagate provided sales and marketing support to win the deal.
Direct access to Seagate’s highly trained technical staff.
Receive access to demonstration and pilot testing resources.
If a Solution Provider submitted a deal registration request, and if the deal registration request is approved, then, subject to Paragraph 2.6: (a) only that Solution Provider will be entitled to Deal Registration benefits for that opportunity; and (b) other Solution Providers or other Seagate customers identified in the deal registration submission (as set forth in Paragraph 3.1(b) above) will not be entitled to the benefits in connection with a specific Deal Registration, that Seagate may offer to the Solution Provider with an approved Deal Registration.
Exceptions for Seagate Quotes and Bids. Notwithstanding Section 5 (Deal Registration Benefits) above, Seagate may, at its discretion, quote or bid for a deal in any of the following scenarios:
The potential Customer requests that Seagate quote or bid on the deal.
The potential Customer is a current “active” customer of Seagate directly for the line of product(s) included in the deal. A Seagate Customer account is considered “active” if Seagate product(s) were sold to the account by Seagate directly in the last twelve (12) months or potential Customer is a global segment or international account with Seagate directly.
The potential Customer has rejected the Solution Provider’s bid or quote.
The Solution Provider does not close the deal within the Registration Term, and no extension or renewal of the Registration Term has been granted. A deal is considered “closed” when Solution Provider places an Order for services specified in the Deal Registration and pays for the invoiced amount.
The potential Customer requests a quote or bid for a fully integrated vertical market Solution that includes the products and services covered by the Solution Provider’s Deal Registration, but the Solution Provider is unable to quote the full Solution (hardware, software, services, etc.).
The deal is the subject of a Public Tender (per Paragraph 2.7).
Any of the scenarios set forth in Paragraph 6.2 (Deal Registration Exceptions) below other than 6.2(g).
Deal Registration Exceptions. Notwithstanding Section 5 (Deal Registration Benefits) above, Seagate may, at its discretion, deny, remove, rescind, suspend, or terminate any Deal Registration and/or registration access in any of the following scenarios:
The Solution Provider is not actively working the deal or has been inattentive to the potential Customer’s needs (for example, by failing to respond to the potential Customer’s or Seagate communications).
The Solution Provider does not lead with or quote the Lyve Services identified in its registration form.
Seagate is under a legal or contractual obligation to quote or bid on the deal, or if failure to quote or bid on the deal could subject Seagate to legal liability (as determined by Seagate).
A Public Tender is issued only to a manufacturer (such as Seagate), calls for submissions only from manufacturers (such as Seagate), and/or excludes the Solution Provider community from submitting a bid.
The Solution Provider is not able to fulfill the deal or provide support for the potential Customer (for example, by failing to have sufficient credit available for the deal, if the potential Customer refuses to work with the Solution Provider, or, with respect to government deals, if the Solution Provider doesn’t possess the required security clearances).
The potential Customer chooses to fulfill its bid requirements under a contract vehicle not held by the Solution Provider, or in a manner that prevents the Solution Provider from being able to fulfill such requirements.
It is determined that a deal is already registered to another Solution Provider (subject to Paragraph 2.6).
The Solution Provider: (i) is in breach of the Solution Provider Agreement or Solution Provider Service Terms, (ii) has engaged in any activity that impairs the integrity of the Lyve Mobile Services as determined by Seagate, (iii) has submitted information that is inaccurate, incomplete, misleading, or fraudulent, or (iv) has engaged in conduct that causes damages, embarrassment, or adverse publicity to Seagate.
For any other reason as Seagate shall determine in its sole discretion.
Section 5 (Deal Registration Benefits) above does not preclude the direct sales efforts of Seagate in the circulation of marketing and other promotional materials as a part of marketing campaigns the potential Customer has signed up for or has not opted out of.
Paragraph 6.1 (Exceptions for Seagate Quotes and Bids) is not applicable in regions where Seagate does not offer the Lyve Mobile Service.
If a Solution Provider (a) orders significantly less or more units than those detailed in the relevant Deal Registration, or (b) utilizes deal specific pricing to order units for resale to Customers who were not part of the Deal Registration, Seagate reserves the right to (as soon as this becomes apparent to Seagate) revoke, terminate, and rescind any Deal Registration benefits to the Solution Provider, suspend or terminate its participation in the Deal Registration Program, and demote the Solution Provider from its current tier/status within the Lyve Mobile Solution Provider program.
REMEDY. Solution Provider’s remedy shall be limited to the amount set forth in the Solution Provider Agreement or $500, whichever is greater. Seagate requires Solution Provider to operate with integrity and honesty and in compliance with these Registration Guidelines, applicable laws, and Solution Provider Agreement. If Solution Provider failed to meet the foregoing requirement or if Solution Provider’s Solution Provider Agreement or Lyve Service Terms has been suspended or terminated, then the Solution Provider shall not be entitled to any remedy and Seagate may in its sole discretion remove the Solution Provider from this Deal Registration Program.
DISPUTES. Solution Providers must promptly inform Seagate of any disputes via the Portal (deal registration or support/chat tool), whether with Seagate or another, arising from or related to the Deal Registration Program.
MISCELLANEOUS. At any time, Seagate may audit any Solution Provider’s deals and Deal Registrations for compliance including, but not limited to, verification of any reports, documents, purchase orders, invoices, or supporting information submitted in connection with Solution Provider’s registrations. Seagate may, without prior notice, immediately suspend or terminate a Solution Provider’s participation in the Deal Registration Program if any of the events in Paragraph 6.2(h) occurs. Seagate records and systems shall be authoritative and conclusive for purposes of approving Deal Registrations and for administering the Deal Registration Program. Seagate reserves the right to interpret these Registration Guidelines and approve or reject a deal registration submission at its sole discretion. Seagate’s decision will be non-negotiable and final. Seagate does not guarantee the success or closure of any Deal Registration approved under the Deal Registration Program. Seagate reserves the right to modify, supersede, or eliminate all or any of these Registration Guidelines or to terminate the Seagate Deal Registration Program, in whole or in part, without notice. Have a Deal Registration Question? Lyve Mobile Deal Registration questions can be asked via the Portal support and/or chat feature or visiting the Deal Registration tool at the Portal.