Seagate Partner Programs Terms and Conditions

DEFINITIONS

Seagate Technology LLC (“Seagate”, “we”, “our” or “us”) welcomes the opportunity to partner with the reseller, system integrator, and associated IT services communities by offering a partner program to help promote Seagate products and solutions containing Seagate products. The Seagate Partner Program (“Program”) offers useful tools, promotions, and programs for members. Members are referred to as “you” or “Member” in these Terms and Conditions. Membership is open to all storage resellers, system builders, direct marketers, retailers, and OEMs who purchase Seagate storage products or services or feature Seagate products or services in their solutions (“Product”) and who comply with the Program’s Terms and Conditions. Some features, promotions, or services may be open to only a certain category of members or members located in certain countries or territories. The Terms set forth in this Terms and Conditions, as well as any terms that are incorporated by reference, apply to your participation in the Program, and you will be bound by these terms when you register to become a Member of the Program or participate in any activities or features relating to the Program through the Seagate websites, which include but are not limited to Seagate.com, LaCie.com and their subdomains, WeChat public account and the WeChat miniprogram (each, a “Site”). Seagate may amend these terms at any time by posting the amended terms. Any such amended terms for either the Program’s Terms and Conditions or the terms and conditions of the respective Sites will become effective upon posting. In addition, by using www.seagate.com, you are subject to, and you agree to be bound by, https://www.seagate.com/legal/sales-and-promotion/website-use-terms-and-conditions/. For questions, please contact partner.support@seagate.com.

MEMBERSHIP REGISTRATION

To become a member of the Program, you must complete the registration and profile form provided at the 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 and must be authorized to register on behalf of the registrant company/member. 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 the Program (or any portion thereof). You acknowledge and agree that we may send you important information and notices regarding your membership and the Program 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 important information about the Program.

PERSONAL INFORMATION

When You register for the Seagate Partner Program, Seagate requires certain personal information for the administration of the Program. Such information may include, for example, Your name, primary email address, telephone number, primary business address, and other relevant information. Your submission of personal information through the Program is governed by these Terms and Conditions including those at https://www.seagate.com/legal/privacy/. You represent and warrant that any personal information You provide through the Program is and will remain accurate and complete, and that You will maintain and update such information as needed. Through the course of regular business operations and to administer the Program, Your personal information may be transferred to countries outside Your country of residence, including to the United States, which may have data protection rules that are different than those of your country or that may not be considered adequate by your country of residence. For details on how We manage Your personal information, or to exercise a privacy right provided to You by applicable law, please visit our Seagate’s Privacy Statement available at https://www.seagate.com/legal/privacy/. By participating in the Program you understand your personal information will be handled in accordance with Seagate's Privacy Statement. Seagate may amend these terms at any time by posting an amended version at https://www.seagate.com/legal/privacy/. Any such amended terms are effective on posting.

Invite a Colleague: If You choose to provide us with a third party’s personal information (such as name, email, and/or phone number), You represent that You have the third party’s permission to do so and that such provision of information is in accordance with applicable law.

Examples include referring a friend to Our Partner Program or forwarding reference or marketing material to others. Third parties may unsubscribe from any future communication following the link provided in the initial message or contacting data.protection.officer@seagate.com. Third parties may review how Seagate manages personal information, or exercise a privacy right provided to them by applicable law, at Seagate’s Privacy Statement available at https://www.seagate.com/legal/privacy/.

PROGRAMS & ELIGIBILITY

Additional programs and incentives may be available to Program members. Features, services offered, and eligibility requirements may vary depending on region and are subject to modification or cancellation at any time at the discretion of Seagate. Terms and conditions for these additional programs and incentives are subject to any existing terms and conditions, including any contracts or agreements, you may have with Seagate. Eligibility for specific promotions will be determined on a program-by-program basis and in Seagate’s sole discretion. Seagate Authorized Distributors or any other party that receives rebates through another Seagate program may not be eligible. End-users are not eligible.

All features, programs, and services offered through the Program are provided to members for the purpose of promoting Seagate products and fostering product growth; accordingly, such features, programs, 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 and You agree to any such terms, conditions, and restrictions.

TERMINATION

We reserve the right to terminate your membership or your participation in all or some of the features or services of the Program for any reason. We may, in our sole discretion and at any time, modify or terminate the Program or any features or services offered through the Program. e reserve the right to terminate your membership or your participation in all or some of the features or services of the Program for any reason without notification. We may, in our sole discretion and at any time, modify or terminate the Program or any features or services offered through the Program.

INTELLECTUAL PROPERTY

All right, title, and interest in and to any intellectual property, proprietary rights or other rights related to, used, developed, comprising, embodied in, or practiced in connection with the Program (“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 the Program, including “Seagate,” “Seagate Technology,” and “Seagate Partner Program”, are Trademarks of Seagate Entities or third parties. Nothing referenced in or obtained through the Programs 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.

BRANDING GUIDELINES AND PUBLICITY

Any press releases or publications by member relating to Seagate, Seagate’s products or services or this Program must be approved in writing by Seagate. To the extent permitted under the Program, all Seagate Marks must be used in accordance with the Seagate branding guidelines located at https://branding.seagate.com (as may be amended from time to time).

NO WARRANTIES

The information, material, and services provided through the Program 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 the Program 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 the Program.

LIMITATION OF LIABILITY

To the maximum extent allowed by applicable law, neither Seagate nor any other party involved in creating, producing or delivering the Program 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 the Program or Your use of, or reliance on, any information, material, or services provided through the Program, 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 the Program or using any features or services offered through the Program.

GOVERNING LAW/ DISPUTE RESOLUTION

The Program is maintained, controlled, operated, and administered directly by Seagate from within the United States of America (USA) or its designated affiliate. Participation in the Program (or in any feature or service offered through the Program) from countries where such participation is illegal is prohibited. If you participate in the Program from a location outside of the USA, you are responsible for compliance with all local laws and USA export control laws. These terms and your participation in the Program 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 party’s consent.

Notwithstanding the above, if you visit the Seagate WeChat Public Account or WeChat Miniprogram within the People's Republic of China ("PRC"),You shall comply with the PRC law. For the purpose of the Seagate Partner Program Terms and Conditions, PRC shall exclude Hong Kong SAR, Macau SAR and Taiwan. Any dispute concerning the Seagate WeChat Public Account or WeChat Miniprogram (including its contents or any other related materials) shall be submitted to and resolved by the competent court where the Seagate entity registering such WeChat Public Account or WeChat Miniprogram is located.

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 the Program.

© 2022 Seagate Technology LLC. All rights reserved. Seagate, Seagate Technology, the Spiral logo are registered trademarks of Seagate Technology LLC in the United States and/or other countries. All other trademarks or registered trademarks are the property of their respective owners. Complying with all applicable copyright laws is the responsibility of the user. Seagate reserves the right to change, without notice, product offerings or specifications Participants in other Seagate incentive programs are not eligible for participation in the Seagate Insider programs. Other exclusions may apply. SC809.1- 2102US, May 2021