I agree to the Toshiba Deal Registration Program Terms and Conditions Listed Below »
Toshiba Deal Registration Program Terms and Conditions ("Agreement")
Effective April 5, 2010
1. The Digital Products Division of Toshiba America Information Systems, Inc. ("TAIS") reserves the right to modify or withdraw the Toshiba Deal Registration Program ("Program") at any time. TAIS will notify you in writing of material changes to the Program and by posting a revised Agreement at this Web Site. TAIS recommends that you check back at this Web Site on a periodic basis to review the then current Agreement. Your continuing participation in the Program ten (10) days after written notification of the Program modifications will constitute your acceptance of the Agreement as modified.
2. The term of this Agreement shall commence upon the date that Reseller indicates web acceptance of these Terms and Conditions. Each party may terminate this Agreement with or without cause upon ten (10) days prior written notice to the other. Notices to TAIS shall be provided to:
Toshiba Digital Products Division
Attn: Deal Registration Program
9740 Irvine Blvd.
Irvine, CA 92618-1697
3. This Program is available to all TAIS authorized Preferred Partner Resellers or Direct Market Response (“DMR”) Resellers (hereinafter referred to as a "Reseller").
4. To be eligible for participation in the Program, Reseller must: (a) Complete and submit the Deal Registration Application (downloadable from us.dynabook.com/sell) prior to submitting a request for Special Bid to TAIS’s territory Account Executive at least thirty (30) days in advance of first sale; and (b) sell a minimum of twenty-five (25) units of Eligible Toshiba Products to qualifying Deal Registration end users within the time period stated in the Channel Bid Letter ("Deal Period")
5. Eligible Toshiba Products are defined as Portégé®, Tecra®, and select Satellite Pro® notebook product lines. Toshiba branded accessories are not Eligible Toshiba Products under this Program and do not qualify for Deal Registration Rebates.
6. Eligible Toshiba Products must be purchased through TAIS authorized distribution channels or, if Reseller is a direct customer of TAIS, through TAIS.
7. Deal Registration Rebates are exclusive of Government and Educational rebates, and cannot be combined with those other programs.
8. Resellers are eligible for a 4.0% instant rebate on Eligible Toshiba Products for Deal Registration sales to a single end user. Instant rebate will be included in the stated Channel Bid Price. Terms and Conditions of the Special Bid Offer apply.
9. The Deal Registration process is intended to record the Reseller who first identifies and obtains an approval for an end user opportunity. Such approval from the Account Executive will be identified on the Channel Bid Letter. There will only be one (1) approved Deal Registration per approved end user opportunity.
10. In order for transactions to be eligible for Deal Registration Instant Rebates, Web-based Deal Registration applications must be submitted and approved by the TAIS territory Account Executive.
11. TAIS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Web-based application transmissions. TAIS is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers or providers, computer equipment, software, failure of any email or reporting to be received by TAIS on account of technical problems, human error or traffic congestion on the Internet or at any Web site, or any combination thereof, including any injury or damage to Reseller's or any other person's computer relating to or resulting from participation in the Program.
12. TAIS authorized retailers, brokers, and distributors are not eligible to participate in the Program. Program eligibility and/or channel categorization shall be decided by TAIS in its sole discretion.
13. TAIS may use Deal Registration end user data supplied by Reseller to solicit sales from end users only pursuant to a co-marketing program as mutually agreed in writing.
14. This Agreement involves products and/or technical data that may be controlled under the U.S. Export Administration Regulations and may be subject to the approval of the U.S. Department of Commerce prior to export. Any export, directly or indirectly, in contravention of the U.S. Export Administration Regulations is prohibited.
15. All terms and conditions of your Preferred Partner Agreement and/or your TAIS Reseller Agreement shall apply to this program.
16. TAIS is not responsible for Eligible Toshiba Product availability, and may allocate Eligible Toshiba Products in its sole discretion.
17. TAIS reserves the right to interpret the rules of the Program in its sole discretion. All decisions made by TAIS are final.
18. This Program is only valid for Eligible Toshiba Products purchased and sold in the U.S. TAIS and its affiliates are not responsible for any damages, taxes or expenses incurred as a result of this Program. For Resellers that have a direct contractual relationship with TAIS, all contracts and amendments with TAIS must be current and the Reseller’s account must be in good standing to qualify for Program benefits.
19. This Agreement and any other agreement or program expressly incorporated herein by reference constitute the entire agreement of the parties and supersede all previous agreements, promises, representations, understandings and negotiations between the parties, whether written or oral, with respect to the subject matter hereof.