EATON CORPORATION POWER ADVANTAGE PARTNER PROGRAM TERMS AND CONDITIONS
The Eaton Corporation (“EATON”) reseller partner
participating in this PowerAdvantage Partner Program
(“PARTICIPANT”) hereby agrees to the following
(“AGREEMENT”):
A. PowerAdvantage Partner Program (“PROGRAM”) Eligibility:
To be eligible for this Program:
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PARTICIPANT must be a reseller of information technology products
and/or services (servers, storage, workstations, networking gear,
notebook computers, computer peripherals, etc.) or power products
and/or services to end users.
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PARTICIPANT must have a valid tax ID.
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PARTICIPANT shall demonstrate commitment and dedication to the
development of incremental business in Eaton products as well
as to increasing awareness of the Eaton brand name.
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PARTICIPANT agrees to be bound by the terms and conditions of
this Agreement and any modifications to the terms of this
Agreement in order to be eligible for the PROGRAM.
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PARTICIPANT agrees to Eaton's standard terms and conditions
for the sale of Eaton products and services for all purchases
of products or services made under this Agreement.
B. Obligations of EATON
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EATON shall designate PARTICIPANT as a REGISTERED PARTNER in
the PROGRAM should PARTICIPANT complete the REGISTERED PARTNER
requirements as defined in Schedule A. EATON shall provide
PARTICIPANT with all the benefits afforded to a REGISTERED
PARTNER.
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EATON shall designate PARTICIPANT as an AUTHORIZED PARTNER in
the PROGRAM should PARTICIPANT complete the defined requirements
(as defined in Schedule A) and shall provide PARTICIPANT with
all the benefits afforded to an AUTHORIZED PARTNER.
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EATON shall designate PARTICIPANT as a CERTIFIED PARTNER in the
PROGRAM should PARTICIPANT complete the defined requirements
(as defined in Schedule A) and shall provide PARTICIPANT with
all the benefits afforded to a CERTIFIED PARTNER.
C. Obligations of PARTICIPANT
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PARTICIPANT agrees to receive communications from time to time
from Eaton on products and promotions directly relevant to the
PARTICIPANT'S line of business.
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PARTICIPANT agrees to allow Eaton to use PARTICIPANT'S name in
promotional materials, including press releases, presentations,
customer references and reseller lists regarding the sale of
Eaton products. Eaton will obtain PARTICIPANTS prior written
approval for publicity documents that contains claims, quotes,
endorsements or attributions by PARTICIPANT.
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PARTICIPANT shall keep confidential all data, information,
specifications, documentation, and other material (tangible or
intangible) which is disclosed by Eaton to PARTICIPANT in
connection with the PROGRAM and designated by Eaton as
confidential (the “Confidential Information”).
PARTICIPANT'S obligations and Eaton's rights under
this Section shall survive any expiration or termination of
this AGREEMENT for any reason whatsoever for a period of five
(5) years thereafter.
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PARTICIPANT must provide Eaton their unique customer number
from each of Eaton's Authorized IT Distributor(s) (as defined
in Schedule C) with which it does business. Orders associated
with each of these customer numbers at Eaton's Authorized
Distributors will receive the defined benefits (as defined in
schedule B).
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PARTICIPANT must comply with all federal, state and local laws
and regulations governing the advertising, marketing and sale
of Eaton Products.
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PARTICIPANT may not represent Eaton products in a negative,
misleading or deceptive manner. Eaton has final say as to what
is negative, misleading or deceptive.
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PARTICIPANT will not compete against Eaton in selling services
or in performing service on Eaton product.
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PARTICIPANT shall comply with any logo or trademark usage
guidelines issued by Eaton in connection with the PROGRAM.
D. Miscellaneous
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The term of this AGREEMENT shall commence upon the date Eaton
provides written notice (includes email notice) to PARTICIPANT
of its acceptance into the PROGRAM. Each party may terminate
this AGREEMENT with or without cause at any time upon written
notice to the other party. Upon termination, PARTICIPANT will
be removed from the PROGRAM and all future purchases/sales,
from the date of termination, will not be eligible for any
discounts allowed for in this Program.
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Participant understands that the term of this AGREEMENT is two
(2) years, which may be renewed by Eaton for additional terms
at Eaton's discretion.
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The Program is valid only for purchases/sales in the United
States.
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EATON reserves the right to modify the terms of this Agreement
or withdraw the Program at any time at its sole discretion.
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If the Obligations of the Participant are not met, EATON
reserves the right to terminate the Participant's partnership
in the program.
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If the Tiered Membership Level Requirements are not met in 6
months, EATON reserves the rights to change the Participants
program level.
Preferred Partner Program Schedules
Schedule A – Tiered Membership Level Requirements
Registered Partner:
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Successfully complete online registration form and be approved
in writing by Eaton
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Agree to the program Terms and Conditions by checking the box
inside the partner profile in the PowerAdvantage portal.
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Meet and execute the Terms and Conditions set forth in this
document
Authorized Partner:
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Must have completed all requirement of Registered level, as
stated above
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Be in good standing with the Program for a minimum of 6 months
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Have a minimum of one individual complete Introductory / Partner
Program training and bi-annual renewal as required
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Display Eaton's logo, web banner, or brand listed on
partner's web site
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Complete Annual Business Plan, if requesting Marketing
Development Funds
Certified Partner:
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Must have completed all requirements of Authorized level, as
stated above
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Be in good standing with the Program for a minimum of 6 months
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Complete Annual Business Plan
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Have a minimum of one individual complete the Application
training and one individual complete the Industry trainings,
in addition to the completion of the Introductory / Partner
Program training and bi-annual renewal as required.
Schedule B – Program Benefits
Deal Registration:
Registered, Authorized and Certified Partners are eligible to
register deals through Eaton's deal registration program. Deals
that are approved through the deal registration program are
eligible for special pricing consideration. Eaton reserves the
right to approve and/or reject deal registration requests at
their discretion. More than one partner may be granted deal
registration approval for certain type of opportunities, such as
public sector requirements or RFP's. Each scenario will be
evaluated on a deal by deal basis. In the event a non-exclusive
deal registration is granted, the Partners involved will be
notified. Approved deal registration may be subject to
termination at Eaton's discretion with or without notice.
Marketing Development Funds:
Authorized and Certified Partners are eligible to request
marketing development funds through Eaton's marketing
development funds program. The completion of an annual
Business Plan is required in order to receive funding
consideration. The Business Plan must also be dated in
the same year the Partner is requesting fund usage.
Online Portal Access:
Registered, Authorized and Certified Partners are granted access
to the Eaton PowerAdvantage partner portal.
Logo Usage:
Authorized Partners are eligible to use, in compliance with
Eaton's logo guidelines, as dictated by the terms of use,
the Eaton Authorized Reseller logo. Certified Partners are
eligible to use, in compliance with Eaton's logo guidelines,
the Eaton Certified logo.
Price Discounts:
Registered, Authorized and Certified Partners are eligible to
receive a discount on eligible products purchased from Eaton's
Authorized Channel Distributors (as defined in schedule C).
Eligible products and Eaton Authorized Channel Distributors
are subject to change without notice.
Deal Registration discounts are available on eligible products.
The discount is applied to the Channel Distributor purchase
price which are subject to channel distribution mark-up or
complete pass through to the Eaton Partner. The discount will
be reflected in the price charged by the distributor. Eaton
reserves the right to modify the deal registration discount
matrix and eligible product without notice.
Schedule C - Eaton Authorized Distributors
Ingram Micro
TD/Synnex
HM Cragg
National Power
Catalyst/ScanSource
WESCO / Anixter
Graybar
Accu-Tech
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Eaton Corporation.
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