Toughbook Engage Partner Programme Terms & Conditions

Welcome to the Panasonic Rewards Programme Terms & Conditions. Please read these carefully as they contain important information about Your obligations and how the Panasonic Rewards Programme works. These terms apply to all persons using this website. By using this website You agree that You have read and accepted these terms.

1. INTRODUCTION

1. These Toughbook Engage Partner Programme Terms & Conditions (the “Terms”) are applicable to the website/Engage Portal https://gkn.crm.em2.oraclecloud.com/sales/faces/FuseWelcome?fndThemeName=Engage (the “Website”) owned and operated by Panasonic Marketing Europe GmbH, Hagenauer Straße 43, 65203 Wiesbaden, Germany and its group companies and subsidiaries (referred to collectively in these Terms as 'Panasonic').
2. The Website is the on line tool for the Toughbook Engage Partner Programme (the “Partner Programme”), owned and operated by Panasonic.
3. By using the Website, users indicate and agree that they accept the following Terms for both Website and Partner Programme and that they agree to abide by them.
4. References in these Terms to “You” and “Your” relate to users of the Website and/or participants in the Partner Programme. References to “We”, “Us” and “Our” refer to Panasonic.
5. This document explains terms of use for both Website and Partner Programme. Please read these carefully as they contain important information about the Partner Programme, the Website and Your obligations.
6. We reserve the right to modify these Terms at any time, and such modification shall be effective immediately upon posting of the modified Terms on the Website. Accordingly, Your continued access or use of the Website and/or the Partner Programme is deemed to be Your acceptance of the modified Terms.

2. ELIGIBILITY TO PARTICIPATE

1. The Partner Programme is open to Panasonic channel stakeholders, defined as “Partners”.
2. Panasonic “ Partners” can be Resellers, System Integrators, Distributors, Alliance Partners or Independent Software Vendors “ISV”s and other categories as defined by Panasonic from time to time.
3. Registrations to join the Partner Programme are made via the Website. All registrations are subject to approval by Panasonic, who may give or decline approval to participate in the Partner Programme at any time at its absolute discretion. Partners shall also be classified into different tiers as outlined in section 3 of these Terms at Panasonic’s sole discretion and based on Panasonic’s criteria. You shall be notified accordingly. Panasonic shall verify Your registration information and upon approval issue a password to You to access the Website.
4. Partners are expected to meet and maintain the qualification criteria for their allocated Partner Category as published by Panasonic from time to time.
5. By submitting the registration form You warrant that You have the authority to do so on behalf of your company and that You confirm that the information provided is accurate, truthful and up-to-date. Panasonic reserves the right to verify the eligibility of all registrations to protect itself and its interests. Panasonic will confirm the outcome of all applications to become a Partner to the applicant.
6. If you are the first employee of your company to register, on approval you will be granted the ‘Partner Administrator’ rights within the Website which means you will have responsibility to approve subsequent colleagues’ registration requests. You may nominate a colleague to become an administrator in your place at any time by contacting our helpdesk at helpdesk@toughbook-engage.eu.
7. Participation in the Partner Programme must not compromise Your obligation to give honest advice to customers. 

3. Partner Categories

1. The Partner Programme has the following levels: i. Official Distributor – Panasonic authorised Distributors who include Toughbook/Toughpad products in their catalogue.
ii. Registered Partner – This is the first level of partnership for Resellers, System Integrators and Alliance Partners who want to integrate Toughbook/Toughpad into their offering.
iii. Premier Partner –This is the higher level of partnership for Resellers, System Integrators and Alliance Partners. As a Premier Partner you become part of Panasonic’s exclusive community. At this level of partnership, both organisations commit to working much more closely together. Subsequently a set of expectations on both sides are discussed and agreed in an annual business plan which is reviewed every quarter.
iv. ISV Partner– as an ISV Partner you do not necessarily need to resell our equipment or solutions but we will be working closely together on an annual joint business plan which we will review every quarter. The objective is for us to generate joint opportunities and a joint pipeline.
v. Certified ISV – as a Certified ISV we will make sure you are an integral part of our equipment/solutions and that we promote your software and associated services as part of our Panasonic solutions.

4. BENEFITS OF JOINING THE PARTNER PROGRAMME

1. Full details and up to date benefits of the Partner Programme are accessible through https://business.panasonic.se/datorproduktlosningar/aterforsaljare and https://business.panasonic.se/datorproduktlosningar/bli-en-programvaruleverantorspartner.
2. These Terms apply to all activity forming part of the Partner Programme. Particular promotions and other activities connected to the Partner Programme are country specific and may also be subject to separate terms which will be notified to Partners from time to time.
3. If there is any conflict between these Terms and terms and conditions related to a specific promotion or other promotional activity, the terms and conditions of the specific promotion or other promotional activity shall prevail. 

5. ACCEPTABLE USE OF THE WEBSITE

1. You may only use the Website in accordance with these Terms and, in any event, for lawful and proper purposes, in a professional, reasonable and acceptable manner and in compliance with all applicable laws, regulations and codes of practice within the jurisdiction from which You are accessing this Website.
2. In particular, You agree that You shall not:
i. Use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
ii. Deface, alter or interfere with the front end 'look and feel' of this website or the software code;
iii. Copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part without Our prior permission;
iv. Take any action that imposes an unreasonable or a disproportionately large load on this Website or associated infrastructure; or otherwise
v. Use the Website in any way that in the reasonable opinion of Panasonic may potentially damage Panasonic in any way.

3. Panasonic has the right to change the content or technical specifications of any aspect of the Website at any time at Our sole discretion.
4. Warning: any attempt by a person to deliberately damage or corrupt the Website or undermine the legitimate operation of the Partner Programme is a violation of criminal law and civil laws. Should such an attempt be made, Panasonic and its authorised agents reserve the right to prosecute and seek damages and other remedies (including legal fees) from any such individual to the fullest extent of the law

6. PROPRIETARY RIGHTS/INTELLECTUAL PROPERTY

1. All trademarks, copyright, database rights and other intellectual property rights in the materials on the Website together with the software code are either owned by or licensed to Panasonic.
2. Contents, such as text, photographs, images, software, trademarks, logos and product names on the Website are the Intellectual Property of or licensed to Panasonic.
3. Panasonic provides Datasheet, Brochures, White papers, Webinars, E-learnings, PowerPoint presentations, Panasonic logos and other materials “The Materials” to Partners in order to educate You to sell our products and solutions and to enable You to promote our products and solutions to Your customers/prospects.
4. The Materials are provided “as is” and “as available” without warranty of any kind
5. Panasonic grants to You a free of charge, non-exclusive and non-transferable right to use The Materials for commercial purposes without the right to modify or alter The Materials in any way, nor delete or change any copyright or trademark notice. You may download and have contents be shown on Your computer screens for instant use and printing. Users receive an unrestricted and unlimited right of use of such content. However, You may neither copy, distribute, publish, exhibit, show, broadcast, make publically available nor reproduce the Materials, unless explicitly provided otherwise. Some of the content may require a separate agreement, which You will be asked to agree to before use.
6. Any document(s) provided by Panasonic, are for use by You or our partners, strictly for the purpose of partner training only, to help promote products & services provided by Panasonic.
7. Material provided in any presentation format by Panasonic is subject to change at any time without notice. 

7. LIMITATION OF LIABILITY

1. In no event shall Panasonic be liable for any losses or damages of whatsoever kind (including direct, indirect, incidental, consequential and punitive damages or loss of profit) arising out of access to, or the use of the Website, participation in the Partner Programme, or from any typographical, printing, mechanical, network, electronic, human, events outside of Our control or other errors that may occur in connection with the Partner Programme,
2. No responsibility or liability is assumed by Panasonic for any technical problems or technical malfunction of any kind arising in connection with any occurrences which may affect or interrupt the operation of the Partner Programme, including, but not limited to hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems.
3. Panasonic makes no warranties, express or implied, in The Materials, and Panasonic shall not be liable for damages of any kind arising out of use of The Materials. All such information, services and materials are provided “as is” and “as available” without warranty of any kind.
4. The limitations of liability in this section shall apply to the maximum extent permitted by applicable law. All conditions, warranties and representations whether expressed or implied by law are hereby excluded. Nothing in these Terms and Conditions shall exclude or limit Panasonic’s liability for death or personal injury caused by negligence or for fraudulent misrepresentation. 

8. DATA PROTECTION & CONFIDENTIALITY

1. Any personal information that You provide us will be handled in accordance with these Terms and our Privacy Policy, which can be found at https://business.panasonic.eu/privacy-policy
2. By participating in the Programme and/or using the Website You authorise Panasonic to collect and use Your personal information and to share it with affiliates and third parties for purposes of administering the Partner Programme, as set forth below:
3. Purposes: Panasonic will collect, use and share Your personal information (and/or will instruct its affiliates or third parties to do so) to check compliance with these Terms and to provide You with information regarding Our product and service offerings to enable You to retain eligibility for Your assigned Partner Programme tier.
4. Recipients: Panasonic may share Your personal information with third parties it does business with and with Panasonic affiliates (or may instruct such contractors or affiliates to collect such personal information on its behalf) where, in Panasonic’s opinion, this contributes to your continued eligibility for your assigned Partner Programme tier. Panasonic will not release Your contact information or any other personal information to any organisation other than those that facilitate participation in the Partner Programme.
5. Access, Correction and Deletion: to keep Your personal information provided to Us accurate, current, and complete, You can update Your profile online or please contact Us and We will take appropriate steps to update or correct such information in Our possession, or to delete Your information from Our records.

 9. TERMINATION 1

. Any failure to comply with these Terms and any attempt to act in a way that is inconsistent with the intent of these Terms by You may result in the termination of Your account and participation in the Partner Programme.
2. We reserve the right to:
i. Cancel Your participation in the Programme; and/or;
ii. Deny You access to the Website; and/or
iii. Terminate these Terms and Conditions, or suspend Your access to the Website, with or without cause in Our sole discretion, at any time without notice.
3. The Partner Programme shall continue until such time as Panasonic varies, terminates or suspends it.
4. Panasonic shall not be liable to You or any third party for the termination or suspension of the website, or any claims related to the termination or suspension of the Partner Programme.
5. Upon termination of access to the Partner Programme by You or Us, You must discontinue Your use of the Website, destroy promptly any materials obtained from the Toughbook Engage Partner Programme and any copies thereof.
6. Save in respect of discontinued access or use and removal or destruction of materials, the provisions of these Terms shall survive any termination of these Terms as reasonably necessary to give effect to the provisions thereof. 

10. MISCELLANEOUS/GENERAL

1. Disputes: In the case of any dispute or interpretation of these Terms, the decision of Panasonic’s Senior Manager shall be final. No correspondence will be entered into.
2. No Waiver: Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
3. Severability: To the extent that any provision of these Terms is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these Terms in that jurisdiction and it shall not affect either (a) the validity, lawfulness or enforceability of that provision in any other jurisdiction; or (b) the enforceability of the remainder of these Terms.
4. Entire Agreement: These terms and conditions constitute the entire agreement between You and Us in respect of Your participation in the Partner Programme or use of the Website

11. GOVERNING LAW

1. These Terms shall be governed and construed in accordance with the applicable laws and subject to the Courts of the jurisdiction of England and Wales.