Terms and Conditions Gigamon Rewards Program
The following terms and conditions, together with all documents referred to herein, (the "Terms and Conditions") shall apply to the Gigamon Rewards Program (“Program”).
By clicking I agree to Gigamon’s Program Terms and Conditions electronically You acknowledge and agree that (i) all electronic messages and documents filed or exchanged arising out of or in connection with the Program shall be considered as writings in an electronic form that are admissible as evidence; (ii) You shall be deemed to be a Participant; (iii) You have the permission of your employer to participate in the Program and (iii) You agree to be bound by these Terms and Conditions, as well as the individual program you have signed up for (“the Guide”) and any FAQs published by Gigamon.
- For the purpose of these Terms and Conditions, the Program, Guide, and any Program documents such as brochures and FAQs, the following definitions apply:
- "Eligible Participants" means (a) sales representatives and sales engineers (i) who are employees of any Gigamon Partner who have met the Program criteria to participate in the Program and (ii) are permitted to participate in this Program by the said Gigamon Partner. Some participants may be excluded from elements of the Program for which they are ineligible;
- “Incentive” means the cash reward that Participants can earn.
- “Gigamon” means Gigamon Inc.
- “Gigamon Partner” means an entity that participates in the Program, and meets Gigamon’s credit and partner compliance criteria.
- "Participants" means Eligible Participants who have successfully completed the Program registration process and agreed to be bound by these Terms and Conditions.
- "Parties" shall refer to You and Gigamon, and the term "Party" shall refer to either You or Gigamon, as the context requires.
- "Program" means the Gigamon Rewards Program which is governed by these Terms and Conditions, the Guide, and any Program documents.
- "Program Administrator" means the third party service provider engaged by Gigamon to administer the Program, the scope of which shall include without limitation, handling registrations, validating Incentives earned, and processing payments of the incentives.
- "Program Period" means the period set forth in the Guide (as modified by Gigamon).
- "Program Website" means the Gigamon Program portal at https://gigamoncp.force.com/partnerportal/ or such other portal site as Gigamon may subsequently provide.
- "You" or "Your" shall mean you, being the Participant.
- These Terms and Conditions, as well as the Guide and Program documents apply to all Participants who participate in the Program.
- The Program is applicable to Gigamon Partners and Participants located in Gigamon-approved countries and the countries located in the partner portal at https://gigamoncp.force.com/partnerportal/ are specifically excluded. Gigamon reserves the right to cancel or modify this Program as determined by Gigamon in its sole discretion. Any modification of these Terms and Conditions shall be communicated by posting, regular mail or e-mail.
- In order for You to qualify for the Incentives, Gigamon requires the following:
- Only deals or other requirements that comply with the parameters set forth in the Guide and Program documents will qualify for the Incentives.
- Only deals with customers in approved locales will qualify for the Incentives.
- You agree to be contacted by GIGAMON via phone, e-mail, or standard mail at any time. This will happen on an exception basis.
GIGAMON reserves the right, at its sole discretion to suspend, reject, change, or adjust (upwards or downwards) the Incentive issued to You if (i) You are acting in bad faith, or in breach of any of these Terms and Conditions and/or the Guide; or (ii) You are no longer an Eligible Participant;
Such decision by Gigamon shall be final and binding and Participant shall not have any recourse against Gigamon arising out of or in connection with any such decision.
Incentives earned are personal to You and non-transferrable. You are not allowed, whether in part or in whole, to (i) arrange for delivery or transfer or sell any such Incentives to any third party, or (ii) request, for another, an Incentive.
Termination and Withdrawal
You may withdraw from the Program at any time by making a request through http://xtrm.freshdesk.com/support/home (with a copy to email@example.com).
Upon Your withdrawal from the Program, or if You cease to be an Eligible Participant, or termination of the participation in the Program by Gigamon, the account and access rights to the Program Website will be terminated immediately, and any Incentives accrued will be forfeited without notice and without any liability to You.
Compliance with Laws, Etc.
You are responsible for compliance with all laws, rules, regulations, employment terms and contractual limitations, as well as your employer’s policies, each in connection with Your eligibility to participate in, participation in and/or receipt of reward(s) in the Program. If Your participation is in violation of Your employer’s policies, You may be disqualified.
You hereby waive any and all claims in connection with the Program and/or your employment and/or contractor status.
Gigamon disclaims any and all liability or responsibility for disputes in law, or arising between You and Your employer related to this matter.
Gigamon reserves the right to disqualify You and cancel (without any liability to You and/or Gigamon’s Partners) any and all rewards if Gigamon determines at its sole discretion that the Your participation in the Program, or receipt of a reward, is in violation of the Terms and Conditions and/or Guide, or if the applicable Gigamon Partner or You is ruled to be ineligible.
Likewise, if Gigamon suspects fraud or other unlawful conduct in implementing the Program, Gigamon reserves the right to disqualify and cancel (without any liability to You and/or any Gigamon Partner) all associated rewards.
Personal Data and Privacy
You acknowledge that Gigamon engages a Program Administrator to operate this Program and Program Administrator may access data that You communicate. You represent that you have obtained or that you shall obtain all consents or authorizations necessary by virtue of applicable law to communicate such data to Gigamon.
You acknowledge that:
- Gigamon's policy is to conduct its business activities in compliance with applicable anti-bribery and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act globally and other applicable anti-bribery and anti-corruption laws in countries where Gigamon conducts business such as the United Kingdom's UK Bribery Act.
- Gigamon employees, third parties and You shall not make, give, pay, offer, promise, authorize, or accept, directly or indirectly (including through a third party), a bribe, a kickback, or anything of value in exchange for obtaining (or retaining) business or an improper advantage or as an inducement or reward for obtaining (or retaining) business or an improper advantage. Gigamon is committed to winning business based on the merits of its products and not on unethical or illegal business practices. While much of this policy focuses on avoiding improper payments and in-kind benefits (e.g., gifts, travel benefits, lavish entertainment) to government Officials, this policy also restricts such improper payments in the course of commercial, nonpublic-sector-related business
- Gigamon is a US corporation, and its conduct and that of its employees and third parties partners are governed by the US Foreign Corrupt Practices Act. Gigamon’s third party partners and other representatives and consultants (including channel partners, suppliers, and vendors), may face criminal and civil penalties under the US Foreign Corrupt Practices Act if any payments in connection with a Gigamon sale are used, in whole or in part, to make an improper payment to a government official.
- While public sector bribery (that is, involving government officials or employees of state-owned enterprises) is a significant area of compliance concern, bribery of private customers is forbidden in many countries and jurisdictions and is also inconsistent with Gigamon's policies and values.
- With respect to the public sector, nothing of value (including but not limited to gifts, entertainment, travel) should be offered or provided to government officials (including those employed at any level by state-owned enterprises and corporations), without prior approval from Gigamon's Legal Department.
- You therefore agree to comply with all applicable laws relating to anti-corruption or anti-bribery, including, but not limited to, the requirements of the U.S. Foreign Corrupt Practices Act, as amended, the U.K. Bribery Act and legislation implementing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. You also agree that no gift or entertainment should be offered or provided to third parties such as actual or prospective customers or others, related to any transaction involving Gigamon, in order to encourage a person to perform his or her functions improperly or to reward the person for having done so.
- For purpose of this Section, the term “government officials” include:
- Any officer or employee of any national, regional, local, or other governmental entity, including elected officials, political appointees, and civil servants;
- • Any private person acting in an official capacity for or on behalf of any governmental entity (such as a consultant retained by a government agency);
- • Officers and employees of companies in which the state has a majority ownership interest or over which the state exercises control;
- • Candidates for political office at any level;
- • Political parties and their officials;
- • Officers, employees, or official representatives of public international organizations, such as the World Bank, United Nations, International Monetary Fund, and so on; and
- • In many countries, entities that would typically be privately owned in the U.S. may be owned or controlled by the local government. Where an entity is majority owned or controlled by the local government, you should assume that its employees will be considered to be government officials. Accordingly, all the restrictions that apply to offering or providing anything of value to a government official will also apply to an employee of a state-owned or controlled company.
Representations and Warranties
You represent and warrant that:
- the information provided for purpose of participating in this Program is current, complete and accurate;
- You have a valid employment contract with a Gigamon Partner at all material times during the period you participate in this Program and that your employer has consented to your participation in this Program;
- You shall be solely responsible for tax reporting obligations arising out of and/or in connection with your participation in this Program, which shall include, without limitation, the reporting of all rewards you received with the relevant tax regulators or authorities and your employer; and you will indemnify Gigamon for any taxes whether direct or indirect or otherwise that Gigamon becomes liable for as a result of You being provided Incentives pursuant to this Program.
- Your participation in this Program is not prohibited by any applicable law or any company policy stipulated by Your employer or Your company, as the case may be.
Copyright and Trademarks
Copyright © 2016 Gigamon Inc. All rights reserved. Gigamon and the Gigamon logo are registered trademarks of Gigamon Inc. and/or its affiliates in the U.S. and certain other countries. All other trademarks mentioned in this document or Website are the property of their respective owners. The use of the word ‘partner’ or ‘channel partner’ does not imply a partnership relationship between Gigamon and any other company.
You agree and undertake to indemnify and hold harmless Gigamon, including its affiliates, directors, officers, partners, employees, consultants, agents etc., against any loss, damage, claims, costs and expenses including but not limited to legal fees and other charges which may be incurred or suffered by Gigamon due to (a) Your breach of any of these Terms and Conditions, any terms and conditions contained in the Guide and/or terms and conditions that are specific to the Program; and/or (b) Your infringement or violation of third party rights arising out of and/or in connection with your participation in the Program.
Limitation of Liability
To the fullest extent permissible by applicable laws and in the absence of Gigamon's gross negligence or deliberate misconduct, Gigamon shall have no liability for any direct, indirect, incidental, consequential or special damages of any kind or for loss or corruption of data, or loss of revenue or financial loss, whether or not foreseeable, arising out of and/or in connection with these Terms and Conditions; or
any claim relating to any part or parts of the Program, Program Website (together with the content therein) and/or Incentives provided or made available by or through GIGAMON and/or the Program Administrator (or any failure or delay to so supply, provide or make available); or
any postal delays, technical problems or technical malfunctions arising in connection with the administration and/or operation of the Program including, but not limited to: hardware or software errors, faulty connectivity of any kind (electronic, wireless, or other), errors or limitations of any third party services providers (ISPs, web or server hosts, etc.), failure of electronic transmissions, any kind of inaccessibility to the Program Website or to any account used in connection with the Program, unauthorized intervention of the operation of the Program or Program Website or, transmission or loss of data; or
any disruption or suspension of the Program and/or Program Website or any part thereof;
The Laws of the State of California will apply to these terms and conditions.
If any provision of these terms is found to be illegal, invalid or unenforceable under any applicable law, such provision shall, insofar as it is severable from the remaining terms, be deemed omitted from these terms and shall in no way affect the legality, validity or enforceability of the remaining terms.