|1. Purpose |
These terms and conditions (the “Terms”) describe the benefits, criteria, conditions, requirements and rules of membership and participation in the Dell Experts Network (the "Network"). By registering and participating in the Network, you agree to these Terms, which may be updated from time to time without prior notice. Dell reserves the right to modify or discontinue the Network at any time and for any reason.
2. Network Overview
The Dell Experts Network was created to reward and educate IT Consultants who purchase from Dell on behalf of their clients. IT Consultants who join the Network are eligible for rewards on qualifying purchases and have access to dedicated sales support and courses on Dell technology, products and services.
4. Eligibility and Participation Requirements
The Dell Experts Network and associated benefits are available only to individuals who meet the criteria for Network membership as defined by Dell in its sole discretion. To qualify for the Network and Network benefits, you must be an “IT Consultant,” defined as an individual professional who provides information technology consultancy services or technical information technology consultancy services to individuals or legal entities in the private sector with up to ninety-nine (99) employees (“Small Business Customers”). To participate, you must fill out and submit a Contact Form and accept these terms. A Dell sales representative will call you to determine whether you meet eligibility requirements. If you meet Network requirements, the Dell agent will enroll you in the Network and you will receive a welcome email.
The following categories are ineligible for Network membership:
If Dell determines that you fall into one of the above categories or that you have otherwise violated these terms, your membership may be immediately terminated, and you will not receive any benefits or Rewards related to the Network. In the event that Dell cancels your membership due to a violation of these terms or other actual or reasonably suspected misconduct, Dell reserves the right to invalidate any Rewards earned prior to termination.
5. Network Rewards
If you are accepted into the Dell Expert Network, and for as long as you remain eligible for Network participation, you will receive three percent (3%) back in rewards for every qualifying purchase that you place with Dell on behalf of your Small Business Customers. You will also receive rewards on purchases placed directly by your Small Business Customers if the customer confirms for Dell that they were referred by you. Rewards are dollars issued into your Network account which may be used toward the purchase of subsequent online or offline purchases directly from Dell, and expire 90 days from date of issuance (“Rewards” or “Network Rewards”). Rewards are subject to a quarterly threshold and cap, as described below. The threshold and cap are determined by Dell in its sole discretion and may vary from quarter to quarter. Rewards will not be issued for purchases for which Dell does not receive timely payment, or that are returned for a refund. Rewards earned as part of the Dell Expert Network are separate and in addition to any Rewards earned by the IT Consultant on the IT Consultant’s own purchases as a member of the Dell Advantage Loyalty Rewards Program. If you are a Dell Advantage Loyalty Rewards Program member, you will not receive Dell Advantage Loyalty Rewards for purchases on which you earn Dell Expert Network Rewards (total Rewards per purchase will not exceed three percent (3%)).
To qualify for rewards, you must meet the quarterly minimum rewards threshold as communicated by Dell via email and in the Network Portal at the beginning of each quarter (the “Rewards Threshold”). For example, if Dell notifies you at the beginning of the quarter that the Rewards Threshold is $16,000, you must make $16,000 worth of qualifying purchases during that quarter in order to receive any Rewards during that quarter.
Rewards are also subject to a quarterly rewards cap of five-thousand dollars ($5,000.00) (the “Rewards Cap”). Once the cap is met, your remaining purchases during the quarter will not be eligible for Network Rewards. Dell reserves the right to change this Rewards Cap at any time. In the event that the Rewards Cap is modified, these Terms will be updated and notice will be provided to existing Network members via the Network Portal.
Rewards are calculated based on the order subtotal (excluding taxes and shipping, promotional payment methods, as well as any excluded items/products). Rewards are typically added to your Network Account within 30 business days after you meet the Rewards Threshold. After you have met the Rewards Threshold, Rewards are typically added to your Network Account within 30 business days after the ship date of each subsequent qualifying purchase during that quarter, subject to the Rewards Cap.
6. Dell Fiscal Calendar
For purposes of the Rewards Thresholds and Rewards Caps, the fiscal quarters shall be three (3) month periods being February 1 of each year (Feb, Mar and Apr = Q1, May, Jun and Jul = Q2, Aug, Sept and Oct = Q3, Nov, Dec and Jan = Q4).
7. Additional Network Benefits
In addition to being eligible for Rewards, IT Consultants may receive complimentary access to courses on Dell products and services, courses from Dell Partners, and will have the assistance of a Dedicated Account Manager who will serve as a single point of contact regarding Network membership and rewards. IT Consultants may also be provided additional advantages from time to time, such as participation in events, campaigns, access to the Dell Solutions Center and Microsoft Technology Center, and special offers.
8. General Network Rules and Restrictions
9. Limitation of Liability
In no event shall Dell be liable or responsible to an IT Consultant for any incidental, indirect, special, or consequential damages whatsoever, even if Dell has been advised, knew of, or should have known of the possibility thereof. In no event is Dell liable for lost income, revenue, or profits, loss of business opportunity, loss of good will or reputation, lost or corrupted data or software, business interruption, or procurement of third-party products or services. Dell’s total liability under this agreement shall not exceed the amount paid to Dell for qualifying purchases placed by IT Consultant on behalf of its Small Business Customers during the twelve (12) months preceding any claim.
You will indemnify, defend, and hold Dell harmless from any third-party claim arising from or related to (i) your representations, warranties or omissions; (ii) alleged or actual negligence or violation of applicable law; or (iii) death, bodily injury, or property damage to a third-party actually or allegedly caused in whole or in part by you actions or omissions. You will not settle any claim under this section that obligates Dell to admit liability and/or act or cease to act in some manner without Dell's prior written consent, such consent not to be unreasonably withheld.
12. Governing Law; Dispute ResolutionYou agree that the laws of the state of Texas will govern any claim or dispute relating to these Terms, the Network, your access to and participation in the Network, or any combination of these items (the “Dispute”), without regard to Texas conflicts of laws principles. You agree to submit to, and waive any objection to, the personal and exclusive jurisdiction of and venue in the federal and state courts located within Travis County, Texas. Before you or Dell file any lawsuit regarding a Dispute, you and Dell will attempt to resolve the Dispute through negotiation or through mediation using a mutually agreeable mediator. You and Dell will treat the existence or results of any negotiation or mediation as confidential. If the parties are unable to resolve the Dispute within thirty days of notice of the Dispute to the other party, the parties will be free to pursue all remedies available at law or equity. Notwithstanding the foregoing, either party has the right to seek a temporary restraining order, preliminary injunction, or other equitable relief from a court of competent jurisdiction to preserve the status quo, prevent irreparable harm, avoid the expiration of any applicable limitation periods, or preserve a superior position with respect to other creditors.