TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE SERVICES OF THIS WEBSITE AND/OR PARTICIPATING IN THE PROGRAM. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU, AN ORGANIZATION THAT IS A CISCO REGISTERED CHANNEL PARTNER (hereinafter called the "PARTICIPANT") AND CISCO (hereinafter called "CISCO") ESTABLISHING THE TERMS AND CONDITIONS UNDER WHICH THE PARTICIPANT IS ELIGIBLE TO PARTICIPATE IN THE COMMERCIAL XCELERATE PROGRAM (hereinafter called the "PROGRAM"). PARTICIPATION IN THE PROGRAM IN ANY MANNER, INCLUDING USE OF THIS WEBSITE IMPLIES THAT YOU ACCEPT THESE TERMS AND CONDITIONS (hereinafter called the "Terms and Conditions").

It is your responsibility to read and understand the information provided on these pages before participating in the Program. These pages are frequently updated. Further, it is your responsibility to check these pages regularly to determine whether the provisions have been modified. If you do not agree to any such modification, you must immediately cease participation in this Program by contacting the Program Centre listed on the following website: https://www.cisco-commercialxcelerate.com ("Program Website"). By continuing to participate in the Program after such modification, you are hereby deemed to have agreed to such modification.

  1. The Program Description

    • The Program offered by CISCO is one where points are earned by the Participants of the Program (hereinafter called "Points") for the sale and/or purchase of Cisco products and/or Services that will then be redeemable for gifts and/or cash equivalents (hereinafter called "Rewards").
    • The Program will be available for the period specified in the Program Website, and if no period is specified, until terminated in accordance with these Terms and Conditions, and shall serve as an on-going or continuing Program for Participants until CISCO terminates the Program.
    • The Program will run in the countries listed in the Program Website ("Participating Countries"), and CISCO has the absolute discretion to add or remove any of the countries at any time.
    • The Participant can log in on the Program Website using a unique User ID and Password, selected by the Participant. The Program and associated Program Website is powered by Cisco Rewards Central.
    • By participating in the Program, Participants warrant that they are eligible to participate under their country's relevant laws, including those governing prizes and rewards.
    • The Program Website will allow the Participant to make redemptions, update their particulars, check their point balance, submit their claims and view the latest Redemption Catalog and promotions.
    • Cisco reserves the right to disqualify any Participant and expire all associated points if Cisco determines that Participant's participation in the Program, receipt of a reward, or the Program itself violates any relevant laws and/or the Terms and Conditions, or if the Participant is ruled to be ineligible.
    • Likewise, Cisco reserves the right to disqualify and expire all associated Points of any Participant that (a) Cisco suspects of fraud or other unlawful conduct in claiming Points or (b) Cisco believes has purchased products in violation of Cisco's Distribution Channel Policies or Cisco's Direct Channel Policies (whichever is relevant). At a minimum, the Participant's account will be frozen during the review period and no transaction/activity will be allowed.
  2. Program Eligibility

    • The Program is open to all CISCO approved Indirect Value Added Reseller (IVAR) and Direct Value Added Reseller (DVAR) holding Cisco channel certifications of either Registered, Select, Premier, or Gold.
    • Invitation emails will be sent to eligible CISCO Channel Partners to join the Program. From time to time, CISCO may pre-approve prospective Participants to join the Program. There is no joining fee to join the Program. The invitation is granted at the sole discretion of CISCO whose decision on this shall be final and binding.
    • Employees of CISCO and/or its Affiliates and their immediate families and anyone else professionally connected with the Program, shall not be eligible to participate in the Program. "Affiliate" means any person, partnership, joint venture, corporation or other form of enterprise, domestic or foreign, which directly or indirectly control, are controlled by, or are under common control with CISCO.
    • Each Participant must have a valid username (also referred to as Cisco CCO ID or User ID) and a valid password on Cisco.com, associated to the Channel Partner’s Profile via Partner Self-Service Portal or http://www.cisco.com/go/pss (access can be obtained online at the Cisco Partner Self Service Tool (http://tools.cisco.com/WWChannels/GETLOG/login.do).
    • Each Participant must ensure that their participation in the Program is lawful and is in accordance with the applicable laws in the country where they are incorporated.
    • Each Participant is responsible to ensure their eligibility to participate in and/or receive Reward(s) in this Program and similar programs and promotions, in compliance with all applicable rules, regulations and policies. If any Participant Representative (as defined in Section 5 below, Limited Redemption Accounts) utilizes a Limited Redemption Account in violation of the Participant’s policies, that Participant Representative may be disqualified from this Program and/or from receiving Rewards. CISCO disclaims any and all liability or responsibility for disputes arising between a Participant Representative and the Participant in relation to this matter.
    • The Participant acknowledges that CISCO may, at its sole discretion, restrict, suspend, withdraw or otherwise alter aspects of or the whole of the Program, with or without notice at any time to the Participant.
    • Cisco reserves the right to audit any Participant's account, Reward Points and Reward redemption claims at any time for compliance with the Program and/or Cisco Terms and Conditions without prior notice being given. If in CISCO's sole opinion, the Participant abuses any of the Program privileges, fails to comply with any of the Terms and Conditions or makes any misrepresentation to CISCO, CISCO reserves the right to terminate the Participant's participation in the Program and/or revoke all the Points that have been earned by the Participant. CISCO's determination on the matters shall be final and binding.
    • Participant must provide sufficient particulars, including organization or company address, email, fax and phone numbers (hereinafter called the "Contact Particulars") to ensure that all Program communications are being sent to the proper address. The Participant must notify the Program Service Centre through the Program Website immediately of any change to the Contact Particulars. If the Participant fails to do so then CISCO or any of its vendors will not be held responsible for any loss that results from the above.
    • CISCO may at its sole discretion, restrict, suspend or withdraw participation to the program.
  3. Earning Rewards Points

    • With the sale and/or purchase of eligible products as set out in SKUs defined in the Program Website (hereinafter "Eligible Products and/or Services" made by the Participant during the Program Period and by joining other promotions as specified by CISCO, the Participant will be able to earn Points.
    • All Eligible Products and/or Services must be ordered through an in-country Authorized Cisco Distributor by IVAR or DVAR, and directly from CISCO by a DVAR, as the case may be.
    • Only Eligible Products and/or Services sold to Commercial customers as defined by Cisco are eligible to earn Points.
    • The Program will have two tiers of rewards by which Participants will be able to earn points based on the incentive mechanism as defined by each tier and the eligibility of the Participants to earn points in the rewards tier as defined below:
      • Volume Xcelerator open to all eligible Participants as defined in 2(a) above.
      • Solutions Xcelerator open to all eligible Participants as defined in 2(a) above.
    • For the Volume Xcelerator rewards tier, participants will get points based on sales of specific Eligible Product and/or Services SKUs as defined in the Program website and verified against Cisco POS and other financial data. The list of Eligible Products and/or Services may change at Cisco’s sole discretion at any time
    • For the Solutions Xcelerator rewards tier, the Participant must submit an online claim form within thirty (30) days of any sale of Eligible Products and/or Services for which the Participant is claiming Points. Go to Project Website and follow the instructions to submit your claim. You must complete the claim form in its entirety and provide all required information, or your claim will be rejected.
    • Participants may also receive additional Points from time to time in accordance with special promotions that may be run by Cisco for sales of specific products and services SKUs provided if the Participants meet certain conditions or criteria as prescribed out by the specific promotion. For example, promotions may be run for Participants who are also Commercial Partner Plus Partners or if a Participant execute specified sales activities in the promotion
    • Each Participant can only earn up to a maximum number of Points in the Volume Xcelerator in a given CISCO Financial Quarter (hereinafter “Quarter”) as well as a maximum number of Points in the overall Commercial Xcelerate Program,as determined by CISCO. The maximum number of Points that can be earned in a Quarter is described in the table below based on the Cisco channel certification of the Reseller:

        Premier, Select and Registered Resellers Gold Resellers
      Volume Xcelerator Maximum 2,000,000 points per Quarter Maximum 1,000,000 points per Quarter
      Solutions Xcelerator Maximum 1,000,000 points per Quarter
      Other Special Promotions (Activity Rewards, Partner Plus Bonus)
      Total Points Per Quarter Maximum 2,000,000 points per Quarter Maximum 2,000,000 points per Quarter
    • CISCO reserves the right to change the basis on which Points are awarded (including number of Points rewarded) at any time, without notice, at CISCO's sole discretion, and without any liability or compensation to the Participant.
    • Points have no cash value, and are not exchangeable for cash. Points cannot be sold, purchased, assigned, or transferred, except as specifically provided in the terms herein or as may be allowed on the Program Website.
  4. The following Terms and Conditions will apply to any Program that is powered by the Rewards Central Platform, which is available at this website: https://www.cisco-rewardscentral.com
  5. Participant Accounts

    • The Participant shall have Points allocated only to the Participant Account and the administrator, appointed by the Participant to manage their account (the "Administrator"), will subsequently assign points to Limited Redemption Accounts utilizing the Program online system.
    • All tax and legal obligations related to the Program are the sole responsibility of the Participant.
    • The Participant will create a password and the Participant shall safeguard the password and shall adhere to any procedural, security and other requirements relating to its use.
    • It is the sole responsibility of the Participant to ensure the security of its User ID and Password. Cisco is entitled to act on instructions received under a Participant's User ID / Password. The Participant agrees to be liable for all transactions made pursuant to the use of the Participant's User ID / Password with or without the Participant's knowledge or consent. The Participant agrees that Cisco is under no obligation or duty to verify the authenticity of any person who performs transactions through the use of a valid or the Participant's User ID / Password. Cisco does not accept any liability for acting under any instructions, including (without limitation) any credits or debits made to a Participant's account, placed by another individual using the Participant's User ID / Password.
    • The Participant agrees to be liable for all transactions made pursuant to the use of the Participant's User ID / Password with or without the Participant's knowledge or consent.
  6. Limited Redemption Accounts

    • Limited Redemption Accounts are accounts created by a Participant for Participant's authorised representatives ("Participant Representative(s)") solely for the purpose of making redemptions. For the avoidance of doubts, Participant specifically agrees that any redemption of points by a Limited Redemption Account created by that Participant is only on behalf of the Participant.
    • Participant confirms that only Participant Representatives who are employed by or under contracts with a Participant enrolled in the Program will operate a Limited Redemption Account.
    • The Participant will subsequently assign points to Limited Redemption Accounts utilizing the Program online system.
    • Participant confirms the following:
      • It will not open Limited Redemption Accounts for any Participant Representatives who are prohibited from utilizing such accounts;
      • All Participant Representatives authorized by the Participant to operate Limited Redemption Accounts will be a legal resident of the country of the Participant throughout the term of the Program.
      • Participant will, in its contracts with the relevant Participant Representative, require such Participant Representative to create a password and safeguard the password and shall adhere to any procedural, security and other requirements relating to its use.
      • Each Limited Redemption Account must have a valid username (also referred to as Cisco CCO ID or User ID) and a valid password on Cisco.com, associated to the Channel Partner’s Profile via Partner Self-Service Portal or http://www.cisco.com/go/pss (access can be obtained online at the Cisco Partner Self Service Tool (http://tools.cisco.com/WWChannels/GETLOG/login.do)
      • As between Cisco and Participant, Participant will remain responsible for the security of any User ID and Password for a Limited Redemption Account created by that Participant. Participant may, in its contracts with the relevant Participant Representative, hold such Participant Representative responsible for such security.
      • Cisco is entitled to act on instructions received under a Limited Redemption Account's User ID/Password.
      • For Limited Redemption Accounts, Cisco is under no obligation or duty to verify the authenticity of any person who performs transactions through the use of a valid User ID / Password. Cisco does not accept any liability for acting under any instructions, including (without limitation) any credits or debits made to a Limited Redemption Account, placed by an unauthorized person.
      • The Participant agrees to be liable for all transactions made to pursuant to the use of correct User ID/Password information for a Limited Redemption Account created by that Participant.
  7. Guest Accounts

    • Guest Accounts are accounts created by a Participant for Participant’s Representative(s) solely for the purpose of :
      • Reviewing Program information such as the products and services SKUs under the Volume Xcelerator, solutions offers under the Solutions Xcelerator and points that can be earned under the Commercial Xcelerate program
      • Submitting claims on behalf of the Participant under the Solutions Xcelerator tier.
    • For the avoidance of doubt, the Guest Account does not allow the Participant Representative to earn or redeem any points from the Participant account.
    • Participant confirms that only Participant Representatives who are employed by or under appropriate contracts with a Participant enrolled in the Program will operate a Guest Account.
    • Each Guest Account must have a valid username (also referred to as Cisco CCO ID or User ID) and a valid password on Cisco.com, associated to the Channel Partner’s Profile via Partner Self-Service Portal or http://www.cisco.com/go/pss (access can be obtained online at the Cisco Partner Self Service Tool (http://tools.cisco.com/WWChannels/GETLOG/login.do).
  8. Termination of the Cisco Rewards Central Platform

    • CISCO reserves the right to cancel, revise or suspend the Cisco Rewards Central platform ("Platform") or the Terms and Conditions at any time it deems necessary without notice. CISCO may (but shall not be obliged to) give advance notice to the Member in the manner it deems appropriate in the event it decides to cancel, revise or suspend the Platform or the Terms and Conditions.
    • Termination of Platform will take effect on the date stated in the notice (where it has been given) and the Member must use any remaining Points within one (1) month from the date stated in the notice. No redemption of Rewards shall take place after that date and no new Points shall be issued during this period notwithstanding that the Member may have sold new Eligible Products and/or Services to his customers.
  9. Redemption of Rewards

    • The Participant may use unexpired Points to redeem Rewards in accordance with prevailing offers or programs. Points will be utilized on a first-in-first-out basis. Redemption of Rewards is subject to the Participant having sufficient Points and is also subject to stock availability, which will be based on a first-come-first-serve basis.
    • Redemption of Rewards can be done online via the Program Website by the Participant.
    • Rewards redeemed shall be delivered to a designated address in accordance to the company address given by Participant during the Program registration. No delivery will be made to a P.O. Box address.
    • After verification and processing of the Reward Request, the delivery of Rewards will take approximately twenty-one (21) business days (hereinafter called the "Delivery Period"). In cases where Reward items are not available from the vendor at the time of redemption and the Participant is unwilling to accept an alternative Reward item in substitution, the Delivery Period may be extended subject to availability of such items from the respective merchants. Any such extension will be communicated to the Participant by the Program.
    • If a prepaid rewards card is available in a given country, the card will be a choice on the Program website catalogue at the time of redemption. Prepaid rewards cards may include their own terms and conditions of use, which will be sent to the party redeeming rewards along with their prepaid rewards cards.
    • Rewards redeemed by the Participant cannot be exchanged for cash, revoked or cancelled by the Participant nor any claim for cash refund entertained.
    • In the event the Rewards involve travel packages or travel tickets, the selected Participant shall be responsible for procuring and paying the cost of all necessary documents and procedures in order to travel, including but not limited to passports, visas, taxes and any other travel documents. All travel arrangements relating to the Rewards are subject to availability.
    • The Participant is advised to examine the Reward item upon delivery. In the case of Vouchers, if the details in the Voucher are incorrect, it must be returned to the courier company within ONE (1) week of receipt of the Voucher. In the case of faulty, damaged and/or defective goods, the Reward must be returned by the Participant at the Participant's own cost in its original packaging to the delivery person or the merchant within ONE (1) week from the date the Participant (a) received the Reward item or (b) collected the Reward item, as the case may be.
    • Installation of any electrical or electronic goods redeemed shall be the Participant's sole responsibility and at the Participant's own cost.
    • All Rewards are subject to availability and any restriction may apply as to where and when the Rewards may be redeemed. CISCO reserves the right, at its sole discretion, to discontinue an item or to substitute a similar item of equal value at any time without notice prior to that item being redeemed. CISCO provides no guarantee that any Rewards will remain available for the entire term of the Program.
    • Reward shipments can only be made to the Participant's country of registration.
    • Cisco will not be held responsible for any problems regarding merchandise, trips or other uses of the prepaid rewards cards.
  10. Points deduction and validity

    • Each Point awarded will be valid for ONE (1) year after the date of it is awarded.
    • When redeeming Rewards, CISCO will deduct the Points earned by date order so that the earliest accumulated Points will be deducted first.
    • CISCO may, at its sole determination, deduct from Participant's remaining Points:
      • Any Points suspected to be fraudulently recorded or earned by the Participant;
      • Any Points recorded in error;
      • Any Points relating to a transaction which has been cancelled.
  11. The following Sections contain General Terms and Conditions.

  12. Changes in the Program

    • Cisco reserves the right to audit, terminate, suspend, amend, modify, revoke or cancel the Program, including (without limitation) the value of the Rewards, the earning or claiming of Rewards or eligibility criteria, in whole or in part, for any reason at any time without prior notice. Cisco will act reasonably in communicating with Participants through email and the website in the event of any changes to the Program. Without limiting the foregoing, in addition, if for any reason the Program is not capable of running as planned, including due to fraud, foul-play, infection by computer virus, bugs, tampering, technical failures, human error or any other causes beyond the control of Cisco that corrupt or affect the administration, security, fairness, or integrity of the Program, Cisco reserves the right in its sole discretion, to cancel, terminate, modify or suspend the Program. In such event, Cisco reserves the right if feasible to judge and award Rewards as provided herein from among the eligible entries or transactions received or closed up to the time of the impairment.
    • Cisco reserves the right to cancel or modify this Program as determined by Cisco in its sole discretion. Any modification of these Terms and Conditions shall be communicated to the Participants by regular mail or e-mail or by posting on the webpage on which the Program is first posted.
    • Cisco may at any time or times without notice to a Participant cancel Rewards (without liability to the affected Participant) or set off any Participant's liability under or relating to these terms and the Program to Cisco against any liability of Cisco to the Participant (in either case howsoever arising whether in contract, tort (including negligence), breach of statutory duty or otherwise, and whether any such liability is present or future, liquidated or unliquidated). Any exercise by Cisco of its rights under this clause shall be without prejudice to any other rights or remedies available to Cisco.
    • Cisco reserves the right to suspend or exclude a Participant from participating or continuing to participate in the Program if:
      • In its reasonable opinion the Participant materially breaches these Terms and Conditions;
      • In its reasonable opinion the Participant's conduct is inconsistent with the object and intent of the Program and/or the Terms and Conditions.
    • Cisco may in its reasonable discretion cancel all Rewards that have accrued to the Participant if the right to participate in the Program is suspended or excluded.
    • Rewards are not refundable, replaceable, or transferable for cash, credit, or other rewards under any circumstances. Lost, stolen or mutilated vouchers/stored value cards will not be replaced. Rewards earned under the Program may not be re-sold, bartered or exchanged for other goods or services except as stated on the Reward. All Rewards are subject to availability.
  13. Participants Responsibilities

    • Participants shall keep full, true, and accurate records and accounts, in accordance with generally-accepted accounting principles, of each Product and Service purchased and deployed or distributed, by serial number, including information regarding Software usage and export or transfer.
    • Participant shall provide reasonable assistance to enable Cisco to audit the deployment of Cisco Products or Services.
    • If required by the Program, in order to claim the Program Reward, Participant must submit Participant's claim form together with the following supporting documents to Cisco, within the timeframes specified in the Program Terms and Conditions or, if no deadline is specified, no later than thirty (30) days from the date of Participant's submission of the Point of Sale (POS) Information to Cisco:
      • Serial numbers of the relevant Cisco Products;
      • Program deal tracking number allocated by Cisco must be provided in the POS report and the claim form.
      • Such other supporting documents or information as may be required by Cisco from time to time.
    • Any attempt by any Participant and/or Participant's personnel to deliberately undermine the legitimate operation of the Program may be a violation of criminal and civil law, and, should such an incident occur, Cisco reserves the right to seek damages from any such Participant and/or Participant's personnel to the fullest extent permitted by law.
    • Cisco shall not be liable to any Participant or any other person for failure to supply the Reward or any part thereof, by reason of the Reward becoming unavailable or impracticable to award, or for any force majeure event, technical or equipment failure, terrorist acts, labor dispute, or act/omission of any kind (whether legal or illegal), transportation interruption, civil disturbance, or any other cause similar or dissimilar beyond Cisco's control. Neither Cisco, nor its employees, officers, directors, agents, contractors, representatives, affiliates, shall assume any responsibility whatsoever for failed, partial or garbled computer transmissions; technical failures of any kind, including, but not limited to electronic malfunctioning of any network, hardware, or software or electronic; the incorrect or inaccurate capture of entry or other information; the failure to capture any such information; or human error, theft, loss, destruction or damage to entries, or other factors beyond its reasonable control.
  14. Compliance with the Laws

    • Participants shall be responsible for compliance with any and all laws, rules, regulations, employment, contractual limitations, and employer's policies regarding any Participant's eligibility to participate and/or receive Reward(s) in this Program. If any Participant is participating in violation of the Participant's policies, that Participant may be disqualified from this Program and/or from receiving the Rewards. Cisco disclaims any and all liability or responsibility for disputes in law, or arising between any Participant and Participant's personnel related to this matter.
    • Cisco reserves the right to disqualify any Participant from participation in the current Program and/or any future reward program campaign or program, and cancel (without any liability to the affected Participant) all associated rewards if Cisco determines, at its sole discretion, that the Participant participation in the Program, or receipt of a reward, is in violation of the Program Terms, or if the Participant is ruled to be ineligible or the receipt of a reward or the Program itself violates the governing law of the Agreement and/or the laws of the country in which the Participant normally resides and works or operates as well as the laws of the country in which the Participant is incorporated and operates.
    • Likewise, Cisco reserves the right (i) to disqualify and cancel (without any liability to the affected Participant) all associated rewards of any Participant Cisco suspects of fraud or other unlawful conduct in implementing the Program or (ii) to disqualify and cancel (without liability to the affected participant) all associated rewards of any participant who Cisco believes has purchased products in violation of its Cisco's channel partner Agreement. At a minimum, that Participant's account will be frozen during the review period and no activity will be allowed to transact against it.
  15. Tax Provisions

    • The awarding of Rewards are granted exclusively to the Participants and not to Participant Representatives or any other individual irrespective of whether the criteria is met by Participant Representatives or any other individual. The Participant acknowledges that these Rewards may be treated as taxable income and may be considered direct compensation for the purposes of taxation, national insurance or social security contributions (or equivalent taxes or social charges applicable under local law). Participants are solely responsible for any federal, state, provincial taxes, social security, national insurance contributions, social charge or other taxes that may be imposed as a result of receiving Rewards under the Program and the Participants will indemnify Cisco for any taxes (whether direct or indirect or otherwise) that Cisco becomes liable for as a result of the Participant being provided with Rewards pursuant to this Program. All tax and legal obligations on Participant Representatives related to the Rewards are the sole responsibility of the Participant.
    • Participants acknowledge and agree that Cisco may be obliged under applicable local laws to report to the Participant's local tax authorities (or analogous authority), information relating to the Participant's participation in the Program, including without limitation, the Rewards accumulated. Liability to such taxation or social charges is the sole responsibility of the Participant, and Cisco gives no warranty and accepts no responsibility as to the taxation treatment of the Program, including without limitation, the accumulation of gifts.
  16. Copyright Provisions

    • Copyright © 2015 Cisco Systems, Inc. All rights reserved. Cisco, Cisco Systems, and the Cisco Systems logo, are registered trademarks or trademarks of Cisco Systems, Inc. and/or its affiliates in the U.S. and certain other countries. All other trademarks mentioned in this document or Web site are the property of their respective owners. The use of the word "partner" or "channel partner" does not imply a partnership relationship between Cisco and Participant and/or any other company.
    • The design and content of the Program, the Program website, any related materials, services and software (including but not limited to text, sound, photographs, graphics or other material contained in the Program communications, advertisements or messages, whether by Cisco or Cisco's advertisers or channel partners) are protected by copyrights, trademarks, service marks, patents and/or other intellectual property rights and laws, and their use is permitted only as expressly authorized by Cisco or as required by law.
  17. Limitation of Liability

    BY ENTERING AND/OR ACCEPTING A REWARD, PARTICIPANTS AGREE THAT CISCO, ITS SUBSIDIARIES, AFFILIATES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY PARTICIPANT FOR ANY LIABILITY FOR ANY INJURY, LOSS OR DAMAGES OF ANY KIND TO PERSONS (INCLUDING DEATH OR DISABILITY), AND/OR PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE REWARD OR PARTICIPATION IN THE PROGRAM. NOTHING IN THESE TERMS SHALL AFFECT A PARTY'S LIABILITY FOR FRAUD, BODILY INJURY OR DEATH.
  18. Additional Clauses

    • References to years and quarter are with based on Cisco's financial year and corresponding quarters.
    • Cisco's calculation and/or evaluation of discount/rebate/reward eligibility are final and determined in Cisco's absolute discretion and will be based on information available to and in possession of Cisco at the relevant time.
    • Cisco reserves the right and you agree to allow Cisco to audit all Participant claims and request supporting documentation.
    • These terms contain all the terms agreed between the parties regarding its subject matter and supersedes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise has been given nor shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to accepting these terms. Neither party has relied on any prior representations, undertakings or promises and the parties hereby waive any right, claim or remedy which they might otherwise have had in relation to them.
    • The submission of false, incomplete, or misleading claims in connection with the Program may constitute fraud.
    • Cisco is a registered trademark of Cisco Systems Inc. in the United States and other countries.
    • Nothing under this program and the present terms and conditions shall be construed as setting minimum purchase requirements.
    • Choice of Law and Jurisdiction. With respect to Participant, the Choice of Law and Jurisdiction provisions incorporated in the channel partner Agreement shall apply to these terms and to the Program.
    • Severability: 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.