Program Terms and Conditions
•This Promotion is valid until June 30, 2017. All sales are final.
• Where the referenced, ‘customer”, “End User’ or ‘account’ is an organization and not an individual. This promotionaloffer is made to the organization and not to individual employees within those organizations. Accordingly, it is up to the organization as to whether to accept the offer and how to use it.
• This Promotion is available only to Juniper Networks’ eligible Elite, Select, and Reseller partners in good standing(“Partner”) located in ANZ.
• In the event of a dispute over eligibility for Partner to qualify for this Promotion, the judgment of Juniper Networks shallprevail.
• The minimum discount set forth in this Promotion is only available through Juniper Networks’ Authorized Distributorsand is not available for direct purchases from Juniper Networks.
• All deals under this promotion will be submitted to the Juniper Deals Desk for approval. Juniper Deals Desk teamreserve the right to review and decline deals if they are not in the best interest of Juniper Networks.
• The minimum discount recommended in this Promotion cannot be stacked on top of any Juniper Networks’ Opportunity Registration Program benefits available to Partner.
• Unless expressly specified in writing by Juniper Networks, Partner may only purchase equipment with the same accessthat Partner’s current Certification and/or Specialization allows Partner to purchase. For additional details onCertification and Specialization status, see https://www.juniper.net/partners/partner_center/content/reseller/.
• All product purchased by Partner shall be subject to the terms and conditions of the Juniper Partner RegistrationAgreement.
• The discount set forth in this Promotion is off of Juniper Networks’ Global List Price as of the commencement date of this promotion and reflects pricing in USD and does not take into account local currency fluctuations. Juniper is not responsible for setting currency rates with its Authorized Distributors. Contact your local Authorized Distributor for an accurate quotation.
• The Authorized Distributor’s shipping costs are not included in the prices shown. Taxes, duties, import, export and customs and similar charges are also not included.
Additional Promotion Rules
• This Promotion may not be combined or stacked with any other promotion, discount or other special pricing offer including, but not limited to, discounts for Juniper Networks Partner Reseller Program, education discounts,government discounts, special discounts, Not For Resale (NFR), trade in credits, etc.
• Juniper Networks reserves the right to terminate Partner’s participation in this Promotion should Partner (i) breachthese terms and conditions, (ii) breach the Juniper Partner Registration Agreement, (iii) breach the Partner Code of Conduct, (iv) engage in any type of fraud, misrepresentation or misstatement; or (v) fail to satisfy the eligibilityrequirements for this Promotion.
• You are under no obligation to participate in this Promotion.• The minimum recommended discounts allowed under this Promotion are based on Juniper Networks’ Global List Price as of the commencement date of this promotion which is based on FCA (manufacturer’s premises or Juniper-designated location) (INCOTERMS 2000).
• All prices are exclusive of applicable taxes. Partner shall pay all value-added, sales, use, property, ad valorem, income and similar taxes; all customs, duties, import fees, or similar charges; stamp duties, license fees, and similar costs; and all other mandatory payments to government agencies of whatever kind imposed with respect to products orservices purchased or otherwise provided pursuant to this Promotion.
• This Promotion and its benefits are not transferable. Discounts and/or rebates have no cash value and may not be sold, transferred or assigned to any third parties. Discounts and rebates may also not be used to offset amounts due to Juniper Networks.
• Juniper Networks reserves the right to amend, alter, modify, cancel, suspend or terminate this Promotion at any time and for any reason without notice.
• Juniper Networks may, at its sole discretion, disqualify claims that do not comply with the guidelines established inthis Promotion.
• Juniper Networks reserves the right at any time to inspect or audit Partner’s records, or to have a third party inspect or audit Partner’s records, to verify that (i) Partner is eligible to participate in this Promotion, (ii) Partner is complying
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with the terms and conditions of this Promotion; and/or (iii) the information supplied by Partner is accurate. The inspection or audit may be completed through whatever means Juniper Networks deems necessary.
• This Promotion is void where prohibited by law, company rules or Partner’s company policies. If any provision of these terms and conditions, or the application of any provision of these terms and conditions to Partner, is held invalid, the remainder of these terms and conditions and the application of the provision to Partner, other than to the extent held invalid, will not be invalidated or affected. Juniper Networks will not be held liable if the Promotion issued is in violation of specific company policies or local country laws.
• Partner is responsible for compliance with its company policies and all applicable laws regarding participation in the Promotion. Partner represent to Juniper Networks that Partner has the legal right to participate in this Promotion. Partner agrees to comply with all applicable statutes, laws, regulations, ordinances, and executive orders of any country, state, municipality, or government body applicable to (i) this Promotion, or (ii) Partner’s participation in this Promotion. Partner will indemnify, defend and hold harmless Juniper Networks and its directors, officers, agents, and employees from and against any and all claims, demands, actions, litigation, investigations and proceedings arising out of or related to (a) this Promotion, including, without limitation, any discount made available to Partner under this Promotion and Partner’s obligation to pay all taxes associated with any discount received under this Promotion, or (b) Partner’s participation in this Promotion.
• Juniper reserves the right to bar Partner from future access to any Juniper Networks programs should Partner violate the terms and conditions of this Promotion. Determination of this status is at the sole discretion of Juniper Networks.
• Partner agrees to comply with the terms of this Promotion and all applicable export laws and restrictions and regulations of the United States and any applicable foreign agency or authority, and not to resell, export or re-export the equipment or any Software or Embedded Software in violation of this program (or any such restrictions, laws or regulations), or without all necessary approvals. Partner shall be liable for damages, penalties, fines or other costs or expenses arising out of any such violations. For purposes of this section, “Software” and “Embedded Software” shall have the meanings as set forth in Juniper Networks’ End User License Agreement located at: http://www.juniper.net/support/eula.html.
• All references to “Partners” herein are generic and do not suggest the creation or existence of a legal partnership. Each party is and remains fully independent of the other and each party is responsible for its own debts, contracts, etc.
• The minimum discounts offered or otherwise made available to Partner as part of this Promotion, including incremental discounts, and any other program related discounts that Partner is entitled to, are minimum discounts, prescribed by Juniper Networks. Partner is free to negotiate better pricing arrangements (higher levels of discount) with Authorized Distributors and nothing in this Promotion should be viewed as prohibiting such negotiations or higher discounts. Juniper Networks' obligation to arrange such discounts will be valid only to the extent permissible by law. Authorized Distributors are free to establish higher, lower or different discounts at their sole discretion.
• Juniper Networks reserves the right to interpret the terms and conditions of this Promotion. The decisions of Juniper Networks are final and binding in all matters relating to the Promotion.
• This Promotion shall be governed by and interpreted in accordance with the laws of the State of California, USA except for its choice of law rules. For any disputes arising out of this Promotion, Partner consents to the personal and exclusive jurisdiction of, and venue in, the state and federal courts within Santa Clara County, California, USA. . If the jurisdiction Partner is incorporated in will not recognize and enforce the judgment of a California court, Partner agrees that any controversy or claim arising out of or relating to this Agreement, or a breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. In such a situation: (a) there shall be a single arbitrator selected by Juniper; (b) the place of arbitration shall be San Francisco, California, U.S.A.; (c) the language of the arbitration shall be English; and (d) any award of the arbitral tribunal shall be final and binding on the parties. The arbitral award may be enforced in any court of competent jurisdiction. Notwithstanding the foregoing any controversy or claim arising out of or relating to the ownership, infringement or validity of either party's intellectual property or intellectual property rights shall be submitted to the United States District Court for the Northern District of California or the Superior Court of California in and for Santa Clara County and shall not be settled by arbitration.Nothing herein shall preclude any party from seeking interim relief or orders for interim preservation in any court of competent jurisdiction with respect to any alleged breach of confidentiality or such party’s intellectual property or proprietary rights. Any such application to a court shall not be considered demonstrating an intention to act inconsistently in any way with these terms to settle disputes by arbitration in accordance with the preceding clause.
• The provisions of the U.N. Convention for the International Sale of Goods shall not apply to this Promotion. These terms and conditions constitute the entire and sole agreement between Juniper and Partner with respect to this Promotion, and supersede all prior and contemporaneous agreements relating to this Promotion, whether oral or written (including any inconsistent terms contained in a purchase order).
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