Cisco Technology Migration Program v.04.01.08

Direct Order Tips

The following tips should be followed when placing TMP orders. Any errors may result in order processing delays and revisions to the purchase order or TMP Quote.

1. Confirm the Expiration Date on this TMP CAF is still valid at date of PO placement.
2. Ensure all Cisco products being purchased on this CAF are included on the PO.
3. Ensure Partner/End User details are complete and correct.
4. Only one PO may be used per TMP Quote # and vice versa.
5. Select Order Type as ''Trade-In/Promotional'' in Ordering Tool.
6. On the ''Header Details'' tab in Ordering Tool, select ''Cisco TMP'' as the Type of Program and enter the TMP Quote Number in the CTMP Quote#/Promotional Program box. The ''Credit Amount'' will be imported directly from the TMP Quote.
7. Input the order at standard contractual discount (or approved discount with valid Deal ID) separate from the trade-in credit. Trade-In credit should not be applied as part of the discount. Trade-In credit will be applied to line items by Cisco Customer Service.
8. TMP credits are applied up front at the time of order booking. TMP credits are not applied as backend rebates.

Program Participant hereby declares and warrants that all information provided to Cisco Systems Inc. in order to complete the Credit Authorization Form is complete, accurate, and truthful.

Terms and Conditions

Participation in the Cisco Technology Migration Plan (the ''Program'') or the submission to Cisco Systems Inc., or its affiliate company (''Cisco''), or its Authorized Distributors or Resellers, as applicable, of any Purchase Order containing a Trade In quote number, is subject to these Terms and Conditions (the ''Terms and Conditions''.

The Terms and Conditions are specific to the Program, and are in addition to Cisco Systems Terms and Conditions of Sale, Software License, or any other contracts executed between Cisco and the Program Participant (hereinafter, the ''Sales Contracts''). In case of conflict between the Negotiated Contracts and these Terms and Conditions, the latter shall prevail.

Notwithstanding the above, Cisco may require the Program Participant's signature at any time on one or more forms to be used in connection with the Program, including Purchase Orders, Credit Authorization Forms, and Proof of Destruction certificates, as defined below. Cisco may reject incomplete or unexecuted forms at its discretion, and any associate order will not be processed until all documents comply with this requirement.

Cisco may amend these Terms and Conditions at any time by posting the amended terms on this URL: http://www.cisco.com/partner/WWChannels/sales_marketing_resources/ctmp/terms.shtml

All amended terms shall be effective thirty (30) days after they are initially posted electronically unless otherwise specified in the notice. All Program Purchase Orders and Credit Authorization Forms accepted by Cisco will be subject to the terms in effect on the date of Purchase Order and Credit Authorization Form acceptance by Cisco.

Definitions:

Credits: means the total Credits stated on the Credit Authorization Form, that Cisco may grant to the Program Participant for the benefit of an End User for the purchase of a New Product, and in consideration for the return or destruction, as applicable, of the Trade in Product, and as eventually approved by Cisco.
Credit Authorization Form: means the document issued by Cisco which states the total Credits available to the Program Participant. The Credit Authorization Form is compiled by Cisco according to the information provided by the Program Participant about the specific business opportunity. When provided by a Partner, the information provided to Cisco shall include all required information regarding: End User contact details, Trade In Products, New Products. By submitting a Credit Authorization Form, the Program Participant hereby declares and warrants that all information provided to Cisco in order to complete the Credit Authorization Form is complete, accurate and truthful.
End User: means the person or entity that is the final purchaser or licensee of the New Product and that: i) has acquired the New Product for its own internal use and not for resale, remarketing or distribution, and ii) is identified as such purchaser or licensee by the Program Participant in its Purchase Order for New Product to Cisco or in the case of Resellers, in the Purchase Order for New Product to the Authorized Distributor and iii) is identified as End User on the Credit Authorization Form. For the purposes of this Program, each affiliate of a group of companies is considered a different End User. An entity that performs stocking, sparing or warehousing activities for third parties, or procures Cisco Products, services or software for delivery to third parties is not an eligible End User under the Program.
Hardware: means the tangible product made available to Program Participant.
New Product: means Cisco Hardware and Software as made available by Cisco under the Program and against which applicable Credits shall be applied.
Partner: means an authorized participant of the Cisco Channel Partner Program, including without limitation, any Cisco Reseller, a Cisco Registered Partner, a Cisco authorized Distributor, a Cisco Distribution Partner, a Cisco authorized Systems Integrator or a Service Provider with a direct contract with Cisco.
Product: means, individually or collectively as appropriate, Hardware, licensed Software, Documentation, developed products, supplies, accessories, and other commodities related to any of the foregoing, listed on the then current relevant Cisco price list.
Program Participant: means a Partner or End User who submits the required Purchase Order, Credit Authorization Form, Proof of Destruction or other required documentation, is responsible for the return or destruction of Trade In Product , and is granted Credits under the Program.
Proof of Destruction: means Cisco?s certificate of Product destruction as: i) fully completed and signed by a duly authorized representative of the Program Participant and a Cisco representative and, ii) properly issued by Program Participant in compliance with all applicable laws and regulations, and iii) received by Cisco according to the instructions on the Certificate of Destruction Form at http://www.cisco.com/offer/tic/Cert_of_Destruction.htm. Cisco shall, from time to time, designate those territories where it will accept destruction of Trade in Product, as published in http://www.cisco.com/offer/tic/cpr_help.html#thtr_spec_instr, and as amended from time to time.
Purchase Order: means the Purchase Order from Partner to Cisco, as defined in the applicable Sales Contract for the Partner or End User.
Resellers: are resellers that are authorized to purchase and/or license Cisco Services and Products from Cisco Authorized Distributors or, within Europe, Middle East or Africa (EMEA), Cisco Authorized Resellers and resell and/or redistribute them directly to End Users and/or other authorized Resellers, as applicable.
Software: is the machine readable (object code) version of the computer programs listed from time to time on the relevant Cisco price list and made available by Cisco for license by Program Participant, and any copies, updates to, or upgrades thereof.
Trade in Product: means the Product authorized by Cisco to participate in the Program.

Rules of the Program

1. The Program is available only to eligible Program Participants in accordance with these Terms and Conditions and the then-current requirements of the Program. The Program allows eligible Program Participants to return or where permitted certify as destroyed, Trade in Product to Cisco, while receiving Credits from Cisco against the contemporaneous purchase of a New Product, in consideration for such return or destruction.


2. The Credits are granted by Cisco against the adjusted list purchase amount of the New Product after applying the Program Participant's discount according to the relevant Sales Contract.


3. The Credits may not be combined with any other programs, promotions or discounts, except as otherwise described or approved in writing by a duly authorized Cisco representative.


4. The Credits will not be retroactively applied to Purchase Orders previously submitted and accepted by Cisco.


5. Only one Credit Authorization Form per Purchase Order of New Product will be accepted. A single Credit Authorization Form may not be used on multiple Purchase Orders of New Products.


6. The Program Participant hereby represents and warrants that: (i) the Program Participant has full and clear title to the Trade In Product ii) Trade in Product is not leased from, rented, or owned, whether totally or partially by any other person, including any other affiliate of the same group of companies of the End User, or stolen, and (iii) that the Program Participant has all rights and authorizations required under all applicable laws and regulations to freely return or destroy the Trade In Product and submit it through the Program.
   Program Participant agrees that by accepting the Credits, (i) Program Participant is transferring all of its rights in the Trade In Product to Cisco and (ii) possession will, if required, be transferred within the ninety (90) days term referred in section H below. Program Participant shall undertake the transfer of title and possession in accordance with all applicable laws and regulations. All related costs with such transfer, including taxes and fees of any kind, whether arising in connection of the transfer of the Trade in Product and/or any intermediation services by Program Participant, shall be borne by the Program Participant.
   Program Participant shall defend, hold harmless and indemnify Cisco from and against any and all liability, loss, damages and claims (including third party claims), whether based upon contract, breach of warranty, negligence or otherwise, and related costs, attorneys' fees, and expenses at any time arising out of or resulting from any misrepresentation under or breach of this section F.