Rhombus ‘Plus One’ Promotion - Terms and Conditions
Eligibility: All current Rhombus-authorized channel partners are eligible to participate in the Promotion so long as such Channel Partner has a current and valid Partner Agreement with Rhombus and is in good standing with the Rhombus Channel Partner Program.
Promotional Discount: During the Promotion Term, Channel Partners that purchase a Rhombus Console license (which includes any SKUs beginning with “LIC”) with a minimum term of 3 years (and up to 10 years) will receive an extra year of licensing for the corresponding Rhombus Product at no additional charge.
Discount Application and Restrictions: The additional year of Console License will be automatically applied to the End Customer’s Console for eligible purchases. License renewals and prior purchases are not eligible for this Discount. For orders placed through an authorized Rhombus distributor, final pricing will be determined by the distributor. Distributors are free to determine their minimum resale prices unilaterally. The Discount may be applied only to the License associated with the Original Device and may not be transferred to any other Rhombus hardware device.
Term: This Promotion will run from November 1, 2020 through December 31, 2020.
Additional Discounts: The Discount may not be combined with other promotions, discounts, or credits offered by Rhombus, except those approved by Rhombus.
End Customers: By participating in this Promotion, each Channel Partner agrees to inform their respective customers of these terms and conditions prior to the time of sale of the Products qualifying for the Discount.
Audit: Rhombus may audit Channel Partner’s sales under this Promotion to ensure compliance with the intent of the Promotion. Rhombus reserves the right to refuse to apply this Promotion to any non-compliant sales. Rhombus may remove Channel Partner from participation in this Promotion if Channel Partner refuses an audit under this clause.
Changes: Rhombus reserves the right to modify or cancel this Promotion at its discretion without notice.
Remedies: In addition to any of its other remedies, Rhombus reserves the right to terminate a Channel Partner from participation in this Promotion for the following reasons: (a) submission of false, misleading, or incomplete information, including claims for sales made under the Promotion; (b) other fraud or abuse of this or other Rhombus marketing or sales promotions; and/or (c) the distribution of products purchased from any source other than Rhombus or an authorized Rhombus distributor.
This document (the "Terms and Conditions") sets forth the terms and conditions for Channel Partner’s participation in the Promotion. Rhombus will act reasonably in communicating with participants through email and the website in the event of any changes to the Promotion.
Rhombus reserves the right to disqualify a Channel Partner from future participation in the Promotion if the Channel Partner violates any of the provisions of these Terms and Conditions.
If any eligible products which are supplied to Channel Partner under the Promotion are found to have been sold by Channel Partner in violation of these Terms and Conditions, then Rhombus may, in addition to all of its other rights and remedies, undertake one or more of the following actions: invoice Channel Partner for the list price of the applicable eligible products; audit Channel Partner’s purchases and invoice Channel Partner for all reasonable costs incurred by Rhombus in the performance of the audit; suspend Channel Partner’s access to price deviations and other Rhombus sales and marketing programs; suspend shipments to Channel Partner; and/or terminate Channel Partner’s Resale Agreement and/or Partner Agreement with Rhombus.
Channel Partner certifies that it will comply with all laws, licenses, permits, and regulations, including, without limitation, any anti-bribery, conflict of interest, or procurement laws or regulations of any government or other competent authority where the eligible products are used (collectively “Applicable Laws”). CHANNEL PARTNER WILL INDEMNIFY AND HOLD RHOMBUS HARMLESS FOR ANY VIOLATION BY CHANNEL PARTNER OF ANY APPLICABLE LAW.
Channel Partner agrees to bear responsibility for the payment of any and all taxes (including any increased individual income or other tax or national insurance liabilities), duty, customs, national insurance and/or licenses and/or other fees or costs that may apply to Channel Partner in connection with the receipt of eligible products under the Promotion. Channel Partner acknowledges and agrees that Rhombus may be obliged under applicable local laws to report to Channel Partner’s local tax authorities or customs authorities (or analogous authority) information relating to Channel Partner’s participation in the Promotion. Liability to such taxation or social charges is the sole responsibility of Channel Partner, and Rhombus gives no warranty and accepts no responsibility as to the taxation treatment of the Promotion.
Confidentiality. Any information shared between Rhombus and its Channel Partner(s) related to the Promotion is Confidential Information as defined under the Resale Agreement and/or Partner Agreement, as applicable. Any breach of this confidentiality clause is a violation of these terms and conditions as well as Channel Partner’s Resale Agreement and/or Partner Agreement, as applicable, and can be remedied as such.
Acknowledgment: By participating in this Promotion, Channel Partner acknowledges that it has read and understands the Promotion’s terms and conditions above and that Channel Partner agrees to such terms and conditions. Participation in the Promotion does not modify or waive Channel Partner’s obligations under any other Rhombus agreements or arrangements, which shall in all instances, remain in full force and effect.