nebulon smartPartner Program:
The Fine Print

details

1. Frequent Seller levels.

  • 3 levels: Silver, Gold and Platinum (original, we know).
  • As a new smartPartner, your firm is automatically enrolled into Silver status. Every sale of a 3-Year Nebulon ON subscription within a 12-month timeframe counts toward Gold status and even bigger benefits.
  • Gold status is achieved on sales of 26 or more 3-Year Nebulon ON subscriptions within a 12 month timeframe.
  • Platinum status is achieved on sales of 51 or more 3-Year Nebulon ON subscriptions within a 12 month timeframe.
  • You can move to higher program levels during a given year!

2. Status Achievement.

  • Achievement of a program status in your first 12 months in the program carries over to the following year. As an example: a member partner achieves Platinum in Year 1, so is automatically granted Platinum status in year 2.
  • If sales in a subsequent year fall below that level, status is reset in the following year. In the above example, if in year 2 the member partner only achieves Gold level sales, so begins Year 3 with Gold level status.

3. smartStart Benefits.

  • All smartPartners are entitled to smartStart benefits for selling 3 year Nebulon ON subscription orders!
  • Silver: your company will receive a rebate roughly equivalent to the price of 3 SPUs with your first deal.
  • Gold: Another rebate! Your company will receive an additional rebate roughly equivalent to 4 SPUs on your first Gold level deal.
  • Platinum: And another rebate! Your company will receive yet another rebate roughly equivalent to 5 SPUs on your first Platinum level deal.

4. smartRewards Benefits.

  • All smartPartners are entitled to smartRewards benefits for selling 3 year Nebulon ON subscription orders!
  • Silver: a rebate of $250 per subscription
  • Gold: a rebate of $450 per subscription
  • Platinum: a rebate to $700 per subscription
  • All rebates will be paid in equivalent local currency.

5. Cashing In!

  • Benefit payments are based on non-cancellable, qualifying (i.e. backed by a firm customer order) bookings received by Nebulon that your company generates within a given calendar quarter.
  • No paperwork! You will receive an email from our channel team at the end of each quarter with a benefit summary.
  • Payment will be made within the first 30 days of the quarter for qualifying orders in the previous quarter.
  • Your first smartRewards payment will be payable after you complete your first 13 Nebulon ON subscriptions as a Silver level smartPartner.

5. smartPartner MDF.

  • MDF is proposal-based, and should be submitted to your Nebulon channel team contact for approval.

terms & conditions

Processing of any Personal Data. To the extent that Nebulon receives, or is processing personal data of smartPartner or on smartPartner’s behalf in a capacity as data processor, smartPartner will ensure that it has secured all necessary consents, registrations and notifications as may be required to enable the lawful transfer of the personal data to Nebulon and in order for Nebulon to process such personal data to the extent required for, and for the duration of, smartPartner’s enrollment in this smartPartner Program. Nebulon’s use of any such data shall be subject Nebulon’s Privacy Policy which can be found at nebulon.com/legal/privacy-statement.

Updates/Cancelation. During the term of smartPartner’s enrollment in this Program, Nebulon may update the Program to reflect changes in, for instance, laws, regulations, technology, industry practices and patterns of use. In addition, Nebulon may at any time change the amount of rebates, other commercial terms and cancel the entire smartPartner Program at its discretion. Nebulon shall take commercially reasonable efforts to provide smartPartner with reasonable notice of any updates, changes or cancellation.

Limitation of Liability. IN NO EVENT WILL NEBULON BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THIS SMARTPARTNER PROGRAM, WHETHER ALLEGED AS A BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER CLAIM OR CAUSE OF ACTION, EVEN IF NEBULON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEBULON’S LIABILITY UNDER HIS SMARTPARTNER PROGRAM FOR DAMAGES WILL NOT, IN ANY EVENT, EXCEED ANY OUTSTANDING AMOUNTS OWING TO THE RELEVANT SMARTPARTNER UNDER THIS PROGRAM.

Confidentiality. smartPartner will not publicize the terms of this Program without prior written consent of Nebulon except as may be required by law. smartPartner will use information, including any training, received from Nebulon pursuant to this Program only in the performance of this Program and agrees not to share such information with any third party.

Email updates. smartPartner members consent to Nebulon emails regarding smartInfrastructure (product) updates, company news, and partner promotions to their employees.

Trademarks and Logo. For as long as smartPartner is enrolled in this smartPartner Program (ii) smartPartner grants consent to Nebulon use of smartPartner’s name and logos on its website and sales/marketing assets, and (ii) Nebulon grants consent to smartPartner’s use of Nebulon’s name and logos on smartPartner’s website and sales/marketing assets, subject, in each case to any trademark and logo usage guidelines issued by Nebulon and smartPartner. At no time (including after a smartPartner is enrolled in this smartPartner Program) will either party challenge or assist others to challenge the other party’s trademarks (except to the extent expressly required by applicable law) or the registration thereof or attempt to register any trademarks or marks or trade names that are confusingly similar to those of the other party, anywhere in the world.

Law. This Agreement will be interpreted and construed in accordance with the laws of the State of California and the United States of America, without regard to conflict of law principles.