Terms & Conditions for HPE Engage
- HPE Engage&Grow is an incentive program for HPE Partners in the UK and Ireland (“HPE Engage&Grow”). HPE Engage&Grow is designed to incentivize sales representatives. Within the overall HPE Engage&Grow framework, different incentives are made available for participation by HPE Partners (Resellers and Distributors) in the UK and Ireland. In the context of each incentive, BonusPoints and Top Achievers Club (TAC) Credits are awarded for different activities, including the achievement of defined sales goals (for distributors only), sales of eligible HPE products or solutions and certain non-sales activities (training, download, etc.). These BonusPoints are converted into cash premiums at the end of each incentive period, awarded through prepaid credit cards.
- The Promoter of HPE Engage&Grow is Hewlett Packard Limited (“HPE”). HPE has appointed Aximpro GmbH, with its registered office in Freising (Germany) (“Aximpro GmbH”) to administer HPE Engage&Grow on HPE’s behalf as its authorised subcontractor.
- In the UK and Ireland, participation in HPE Engage&Grow is open to HPE Partners with a valid HPE Partner Agreement, (“Participants”) and is governed by the terms and conditions set out herein (“Program Terms”). These Program Terms apply in conjunction with, and as an addendum to, the HPE Partner Agreement. In the event of any conflict between these Program Terms and the HPE Partner Agreement, these Program Terms will govern any subject matter of this HPE Engage&Grow program. Capitalized terms not otherwise defined in these Program Terms are defined in the HPE Partner Agreement.
- Registration and participation in HPE Engage&Grow constitutes full and unconditional acceptance of these Program Terms.
- Participants will need to register via the HPE Engage&Grow portal at the following link www.hpeengage.com. Only one login per participating sales representative is permitted.
- HPE Engage&Grow is run on a point basis. Points will be allocated to sales of eligible HPE products and/ or HPE services. Point are set out on the HPE Engage&Grow portal. For visibility of the point system prior to accepting these terms and conditions, participants may contact firstname.lastname@example.org. HPE reserves the right to change these points at any time. The eligible HPE products and/ or HPE services and activities may be updated on a quarterly basis, but monthly amendments may be made if there is a business requirement.
- HPE may also award points for non-sales activity (training, downloads, etc). Details will be published on the HPE Engage&Grow portal and will be tracked and managed by HPE. The duration, value and qualification for these points is at HPEs discretion.
- Only new products and/or support qualify for the award of BonusPoints. Demonstration models, re-marketing products or used devices are excluded from HPE Engage&Grow.
- HPE Engage&Grow applies only to HPE product or support sales in your “Territory”, which means (a) the EEA + Switzerland if you are registered in any country within this region; or (b) outside the EEA + Switzerland, the country where your company is registered. HPE reserves the right to terminate your participation in the Program with immediate effect if you sell outside your Territory.
- HPE expects Participants in HPE Engage&Grow to uphold the highest standards of integrity in all business interactions. HPE has a zero tolerance policy prohibiting any and all forms of bribery, corruption, extortion, kickbacks and embezzlements. All HPE Engage&Grow Participants are strictly prohibited from promising, offering, authorizing, giving or accepting anything of value, either directly or indirectly through a third party, in order to obtain or retain business, direct business to any person, or otherwise gain an improper advantage. For purposes of this policy, “anything of value” includes, but is not limited to, gifts, favours, entertainment, and meals, regardless of their value.
- HPE Engage&Grow Participants and their participating employees shall comply with all applicable anti-corruption laws, including but not limited to the U.S. FCPA and the U.K. Bribery Act 2010 (collectively, the “Anti-Corruption Laws”). In addition to the Anti-Corruption Laws, there may be other applicable local laws or regulations related to gifts to and entertainment of government officials and/or commercial entities. By joining HPE Engage&Grow, you acknowledge and agree that you and your employees will not make any payment or transfer anything of value, offer, promise or give a financial or other advantage or request, agree to receive or accept a financial or other advantage either directly or indirectly to anyone with the intent to obtain or retain business or otherwise gain an improper business advantage. You also acknowledge and agree that every one of your representatives and employees who will be participating in HPE Engage&Grow have been informed of and have agreed to abide by these terms.
- HPE also prohibits Participants in HPE Engage&Grow, or their representatives or employees, from offering or providing cash or non-cash gifts, kickbacks, or entertainment to any HPE employee for any improper purpose, such as influencing him or her to take a course of action. HPE employees are similarly prohibited from soliciting such items. This prohibition extends to immediate family members of both HPE Engage&Grow participants and HPE employees.
- These T&Cs and the services and deliverables, if any, provided or transferred hereunder are subject to the import, export, sanctions and embargo laws and regulations of the United States, European Union and other national governments (“International Trade Laws”). You agree to comply with all applicable International Trade Laws and to obtain any required authorizations and must not undertake any transactions pursuant to these Program Terms in or with sanctioned or embargoed countries (currently Cuba, Iran, N. Korea, Sudan, Syria and the Crimea Territory of Ukraine) or with persons or entities subject to sanctions under applicable.
- You agree to complete and comply with any regulatory compliance programs if and when asked by HPE.
- HPE may amend the Program Terms, including the conditions for the award of BonusPoints, at any time. Amendments shall come into force thirty (30) days after the date of publication of the amended Program Terms and/or the conditions for BonusPoints on the HPE Engage&Grow Portal.
- HPE may terminate the participation of a Participant by way of written notification without notice if the Participant (including their sales team or individual sales representatives) does not fulfil the program requirements as set out in clause 3 or acts in a negligent manner.
- HPE reserves the right to suspend or terminate HPE Engage&Grow at any time, stating or not stating reasons, by providing thirty (30) days written notice on the HPE Engage&Grow Portal. Participation in HPE Engage&Grow shall terminate automatically on termination of the HPE Partner Agreement.
- Disputes arising in connection with HPE Engage&Grow shall be governed by the laws applicable to your HPE Partner Agreement, and the courts of that country shall have exclusive jurisdiction.
EXCUSION OF LIABILITY
- Guarantees and assurances: To the extent permitted by law, neither HPE, nor Aximpro GmbH nor any other agents, employees or suppliers used for execution and administration of HPE Engage&Grow grant (either directly or indirectly) any guarantees nor do they give any assurances for the following:
- that participation in HPE Engage&Grow and/or access to HPE Engage&Grow, in full or in part, program materials, content, information and/or any functions contained therein shall be granted in good time, securely or free of error; and or
- that, as a result of any online activity related to HPE Engage&Grow, no computer viruses shall be transmitted or no damage to the computer system of Participants shall arise.
- Limitation of liability: To the extent permitted by law and with the exception of personal injury (including death), Participant expressly declares that he agrees to the fact that HPE, Aximpro GmbH and (if relevant) their agents, sub-contractors or suppliers are not responsible for liability, loss, claims, expenses or damages due to the loss of profit, goodwill, data or other material loss, whether direct or indirect, or other incidental, special or consequential losses which result from the following:
- participation in HPE Engage&Grow, use of HPE Engage&Grow, redemption of the premiums and use of the premium items including but not limited to incorrect credits to or debits from the account of a Participant that are carried out by any person using the user ID of that Participant and/or modification, alteration to or deletion of any personal data of the person possessing the user ID;
- modifications to, or cessation of distribution of any products, goods or services and/or their removal from HPE Engage&Grow or incentives planned thereunder and/or any evaluation of premiums within HPE Engage&Grow that results from such modifications, deletion or removal.
- Notices: notices to Participants can be sent by email or post or be posted on the HPE Engage&Grow Portal can also contain notices about amendments to the Program Terms or other general notices in relation to HPE Engage&Grow for Participants through the display of notices or links to notices.
- Compliance with local tax and social security law UK only HPE shall report and settle income tax at Basic Rate 20% on the incentives participants receive under the programme by way of its Taxed Award Scheme (TAS) with HM Revenue & Customs (HMRC) under reference 924/IAU/RB01437.
- Participants remain personally responsible for reporting and paying to HMRC any additional income tax due in connection with incentives they receive under the programme.
- As a requirement of participation in the programme, participants must provide sufficient personal data in order for HPE to satisfy its tax reporting obligations in connection with the programme.
- Compliance with local tax and social security law Republic of Ireland only. Participants remain personally responsible for reporting and paying to the local tax authority any income tax, USC or PRSI tax due in connection with incentives they receive under the programme.
RULES AND CONDITIONS OF INDIVIDUAL INCENTIVES
- HPE Engage&Grow comprises of a number of different incentives with defined incentive periods, eligible products and solutions. HPE products and solutions eligible for HPE Engage&Grow can be found in the relevant incentive product list on the HPE Engage&Grow Portal. A list of the relevant conditions for the award of BonusPoints and/or TAC Credits under each incentive as well as the incentive period can also be viewed on the HPE Engage&Grow Portal.
- Participants agree to instruct each individual HPE Engage&Grow participant to keep his personal profile on the HPE Engage&Grow Portal up-to-date. Participants agree to notify Aximpro GmbH if an individual participant in HPE Engage&Grow leaves Participant employment. Any personal data which individual participants may provide will be used by HPE and Aximpro GmbH for the purposes of this program only.
- In cases of dispute, which arise from HPE Engage&Grow, HPE, or Aximpro GmbH on HPE’s behalf, has the right, particularly in cases of dispute concerning bonus point allocation within the framework of HPE Engage&Grow, to make final decisions.
- Participants agree to receive information from Hewlett Packard Enterprise and Aximpro GmbH regarding new products, promotions or general information via email. Participants agree that their information is used for analysing purposes by Hewlett Packard Enterprise and Aximpro GmbH. This agreement is mandatory for further participation in the program.
- Rules for HPE Engage&Grow Campaigns are defined on the Campaign page. Material goods won as prizes during Campaigns run on HPE Engage&Grow cannot be awarded as a cash prize instead.
PROGRAM POINTS AND TIME FRAMES
- To qualify for the points, sales of HPE products and/ or HPE services will need to meet the following criteria:
- Sales must be to HPE Partner’s end-user customers. Such end user customer must be based in the UK or Ireland; and
- Eligible HPE products must be purchased from HPE or an HPE authorized distribution partner in the UK or Ireland; and
- Eligible HPE products must be ordered via TVA and/or TPL OPG; and
- Claims must be submitted within 28 days from the date of distribution invoice.
- Participating sales representatives can only claim for sales of HPE products and/or HPE services sold by the sales representative at a maximum value of L5,000 per quarter unless otherwise stated internally in your company. Claims will only be redeemed up to a total value of L5,000 any claims submitted above this value will be declined.
- If any Participant wishes to do so, they may lower the default limit of L5,000 per quarter per sales representative. The Participant can choose from the following limit groups: L1,000, L2,000, L3,000 and L4,000. In order to do this, the managing director of the relevant Participant must contact email@example.com before the first sales representative of the Participant is onboarded to HPE Engage&Grow. The limit can only be changed at the beginning of a HPE quarter and not during.
- Company or team accounts are not permitted. Any participating sales representatives found to be pooling sales of eligible HPE products and/ or HPE services into one central or team account will be suspended from this rewards programme and any claims will become void until the situation is resolved to the reasonable satisfaction of HPE.
- The BonusPoints for a claim can be split between two participating sales representatives if they worked together in closing the sale. Both sales representatives must have an active HPE Engage&Grow account. One sales representative needs to enter the claim into their account. After entering the claim into the portal, the sales representative needs to contact the HPE Engage&Grow support team at firstname.lastname@example.org within 5 working days to ask for the split to take place. The payment will be split equally between the two sales representatives. An unequal split is not possible.
- All BonusPoints awarded throughout the term of this rewards programme will be held in a points account for each participating sales representative and will be set out on the HPE Engage&Grow portal.
- Sales representatives’ accounts will remain active for 28 days following the closure of the rewards programme.
- Should a participating sales representative change employment from one HPE Partner to another HPE Partner where programme participation is authorised, the sales representative’s account may move with them only if they notify the HPE Engage&Grow administration team (email@example.com) by email within 28 days of the sales representative changing their employment. However, if a sales representative does not notify their change of employment to another HPE Partner and subsequently create a new registration on the HPE Engage&Grow portal with the new HPE Partner, then the sales representative will be viewed as a new participant in this rewards programme. In such an event, points cannot be transferred between accounts.
- Should a participating sales representative cease to be employed by an HPE Partner, their HPE Engage&Grow account will be closed, 28 days after they cease to be an employee of the relevant HPE Partner.
PROCESS FOR SUBMITTING CLAIMS
- Claims for sales of eligible HPE products and/ or HPE services must be submitted by a participating sales representative by completing the claim form on the HPE Engage&Grow Website.
- Points will be awarded to participants on a monthly basis, based on claims validated by HPE. HPE will validate all sales claimed each month. This will take place in the third full week of each month. Points for all accepted claims will be placed into participating sales representatives’ accounts approximately 10 days from the date of validation.
- Claims that are not approved by HPE Sell Out data will be queried. Users may be requested to provide invoices in order for their queried claims to be validated. Queried claims will remain open for 28 days after the date of initial contact. If the user does not respond within 28 days then their queried claim will be declined. HPE and Aximpro GmbH cannot be held responsible for missed emails. It is the responsibility of the participant to check their emails, including junk/spam folders, for emails regarding queried claims.
- Claims must be received for each eligible HPE product and/ or HPE services sold no later than 28 days after the date of sale to end user of the HPE Partner. All claims after this date will be deemed void. If the claim was rejected, but the user can prove that there were delays in delivery caused by a distributor or other reasons that are outside the user’s control, the claim will be re-viewed again.
- All Participants will have 5 working days to dispute a rejected claim from the date of rejection. Any claims not disputed within this time will remain rejected and no further action will be taken.
- When disputing a rejected claim, Participants have one opportunity to submit relevant supporting documentation as requested by HPE.
- Each rejected claim must be contested separately.
- HPE reserves the right to review and reject claims for sales of eligible HPE products and/ or HPE services that have received additional price support.
- HPE reserves the right to withhold, cancel or deduct from future rewards any reward based on a claim containing false information and/ or instances of wrong reporting. Participation in this rewards programme may also be cancelled. Examples of these instances include but are not limited to:
- Where a Participant has not made the sale of the eligible HPE product and/ or HPE service for which they have submitted claims; or
- Duplicate sales claims of eligible HPE product and/ or HPE service by the same participant and/ or multiple participants; or
- HPE products and/ or HPE services purchased for internal use but reported as sales; or
- Sales of eligible HPE products and/ or HPE services made to other HPE Partners; or
- Incomplete and/ or altered claim forms will be deemed as void and disqualified; as will claim forms not in accordance with the terms and conditions of this rewards programme.
- HPE reserves the right to audit all claims to ensure that the terms and conditions of this rewards programme have been met and to request additional information regarding any claims and supporting documents.
- Points validated by HPE each month will be automatically loaded onto the participating sales representative’s HPE Engage&Grow Reward Card.
- No cash or credit alternative is available instead of points.
- HPE reserves the right to substitute prizes of equal or greater value.
- Participating sales representatives may spend points loaded to their HPE Engage&Grow Reward Card at any time until the card expiration or there is no remaining available balance.
- In the case of an incorrect premium payment, the participating sales representative is obliged to refund the overpaid sum within twenty-eight (28) days of receiving a correction letter from Aximpro GmbH.
- If the participating sales representative has no activated HPE Engage&Grow Reward Card in their account and the earnt BonusPoints cannot be transferred, BonusPoints will expire three months after the claim has been approved (Status: “ToBePaid”). Once expired, BonusPoints cannot be used or spent.
USE OF CREDIT CARDS
- The transmission of all relevant data (such as individual participant’s name, delivery address, company name) for the assignment of a credit card by means of the HPE Engage&Grow Portal is the responsibility of the individual participants nominated by the Participant to take part in an incentive. HPE reserves the right to approve participation in the credit card program in its sole discretion.
- The users of credit cards shall use such cards in accordance with the conditions set out https://engageandgrow.eu/CCTCs
- The credit card user (i.e. each individual participant) is responsible for the use of the card and solely liable for the use and any loss which may arise through incorrect use or through giving incorrect information. Each individual participant in HPE Engage&Grow is entitled to receive a maximum of only one card.
- The individual participant may not use the credit cards for the purpose of tax evasion or avoidance, or for any unethical or criminal behaviour.
- The individual participant is not permitted to lend the credit card to third parties or to allow third parties to make purchases with the prepaid card.
- The credit card is and remains the property of HPE’s sub-contractor, Aximpro GmbH.
- The credit cards may not be destroyed except on express, written request of Aximpro GmbH. In the case of wilful destruction of a card, the costs for replacement shall be borne by the relevant individual participant who holds the credit card.
- Any loss of the credit card shall be reported promptly and directly to firstname.lastname@example.org. Any costs through misuse that arise because the loss was not reported shall be borne by the individual participant credit card user.
- Aximpro GmbH, acting on behalf of HPE, is entitled at any time to block, restrict or cancel the credit cards if there are any concerns about the security of the credit card. This would be the case, for example, in the case of fraudulent intent, non-permitted use, in the case of theft or loss of the card. Before these measures are implemented, Aximpro GmbH shall inform the individual participant credit card user concerned in the run-up or directly thereafter depending on the urgency. A replacement credit card shall be provided immediately or as soon as the situation no longer exists in this form. If necessary, the individual participant credit card user shall be required to fill in a complete declaration and return it to Aximpro GmbH. The individual participant credit card user declares that he is prepared to support Aximpro GmbH in all investigations becoming necessary.
- All data in connection with the credit card shall be kept strictly confidential in accordance with applicable data protection laws and regulations. The data shall be used only for activities related to the use of the credit card.
- The credit cards remain valid for the period stated on the on the credit card.
- The program can be interrupted or terminated by HPE without stating reasons.
- For fraudulent deception regarding the card holder/use, the credit card will be blocked and the participant will be excluded from the HPE Engage&Grow programme.
- Only 1 credit card can be activated per registered participant.
- HPE will analyse training you have attended, for ensuring you as HPE reseller have acquired enough knowledge about HPE products and services. In this context HPE may suggest you to attend further trainings.