HP Software Partner Program Guide

Transcription

HP Software Partner Program Guide
Partner Program Guide
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HP Software
Partner Program
Guide
HP restricted. For HP and channel partner internal use only.
Confidentiality
This Partner Program Guide is proprietary to HP and intended for use by the management,
employees and advisors (legal and financial) of each partner applicant, solely in connection
with the consideration of the subject matter of this Partner Program Guide and may not be
reused by the partner applicant, in whole or in part for any other purpose. Any dissemination
or distribution of this Partner Program Guide or copies thereof to any third party without HP’s
prior written consent is strictly prohibited. HP shall not be liable for any technical or editorial
errors and omissions contained herein, nor any damages directly or indirectly arising from the
furnishing of this Partner Program Guide.
Disclaimer
This HP Inc. Software (“HPSW”) Partner Program Guide does not purport to contain all the
information each partner applicant may require. The information in this guide is legally binding.
The HPSW Partner Program (“Partner Program”) may not be appropriate for all partners, and it
is not possible for HP, its employees or advisors to consider the investment objectives, financial
situation and particular needs of each partner applicant that reads or uses this Partner Program
Guide. Certain partner applicants may have a better knowledge of the proposed market than
others. Each partner applicant should conduct its own investigations and analysis and should
check the accuracy, reliability and completeness of the information in this Partner Program
Guide and obtain independent advice from appropriate sources. HP, its employees and advisors
make no representation or warranty and shall incur no liability under any law, statute, rules
or regulations as to the accuracy; reliability or completeness of this Partner Program Guide
and any information provided hereunder is only presented to the best of HP, its employee and
advisors’ knowledge.
HP reserves the right to accept or reject any or all partner applications without giving any
reasons therefore. HP will not entertain any claim for expenses in relation to the preparation
of HPSW Partner applications. Program offers are void where prohibited or restricted by law.
HPSW’s decisions are final.
Partner Program Guide | HP Software
Table of Contents
Introduction
A Message from Andrew Joiner,
Worldwide Head, HP Software
Compensation
Reseller Discounts
Agent/Referral Compensation
How to Use the Guide
Requirements
Partner Membership
Benefits
Product Authorization
Requirements
General Requirements
Resale Consulting Services
Resale Support Services
Assistance
Annual Revenue Requirements
Sales Opportunity Assistance
Competency Requirements
Technical Assistance
Forecasting, Reporting, and Business Planning
Implementation Assistance
Program Benefits
Location ID
Competency training
Certification
HP Partner First Portal
Glossary
Welcome Kit and Branding
Regional Country Designations
Demonstration Software
Partner Software Demonstration License Agreement
Benefits by Membership Segment
Alliance Manager
Partner Program Guide | HP Software
Introduction
Welcome to the FY 2016 first edition of the HP Inc. Software (“HPSW”)
Partner Program Guide (“Guide”).
The Guide is your primary resource for information about the HPSW
Partner Program (“Partner Program”). The Partner Program has four
main components: Membership, Competency, Demand Generation, and
Compensation.
Your participation in this Partner Program will begin on the effective date
indicated within the program approval notification. Upon termination
or expiration of the HP Partner Agreement or your participation in this
Partner Program for any reason, you will immediately cease any activity
permitted under this Partner Program.
Partner Program Guide | HP Software
A Message from Andrew Joiner,
Worldwide Head, HP Software
It’s official—the new HP is here. With the creation of this new company, we have
an incredible opportunity to build on our momentum together—moving forward
with the heart of a startup, the brain and muscle of a Fortune 100 corporation
and the unique legacy Bill and Dave created more than 75 years ago.
Separation provides us the focus, financial resources and flexibility needed to quickly adapt to
the market as well as our partners’ and customers’ changing dynamics. It’s both an exciting
and historical time to be a part of HP and I could not be more grateful to have you—a partner
who is connected to our past and invested in our future—continue on this journey with us.
Thank you.
HP operates to a very simple formula—the strength of the channel equals the health of
HP. We are excited about the new business opportunities ahead and are committed to our
mutually prosperous partnership. Your success is vital to the success of the new HP.
As we enter this year as a new company, we’re focused on providing you with innovative products
and solutions, a simple and clear partner program, and demonstrating operational excellence. We
want to accelerate your growth and ensure that we build a great, long lasting relationship.
Together, we’ll enable success, amaze our joint customers with innovative experiences, and
set the stage for a profitable future.
Thank you for your role in HP’s success and for your commitment to winning together.
Andrew Joiner
Worldwide Head, HP Software
Partner Program Guide | HP Software
How to Use the Guide
Whether you are already a current HP Partner or a prospective
partner, this Guide is a reference to help you to understand this
Partner Program. If you have questions that are not answered in this
Guide, you should contact your Alliance Manager or send an email to:
[email protected].
Reference links help you dive deeper for information with just one click.
•Links that look like this, HP Partner First Portal (PFP), take you to
information on a website outside of this Guide.
•Links that look like this, Demand and Compensation Matrix, take you to
information located in another section of this Guide.
•To return to your original location inside this Guide, hold down the “Alt”
and “left arrow” ( ) keys simultaneously.
•Updates to this Guide are noted by
icon.
Partner Program Guide | HP Software
Partner Membership
This Partner Program has four membership segment levels,
which are structured to reward Partners based on their
relationship investment with HPSW. Once you are approved
by HPSW, you will be assigned membership segment level,
as appropriate. Partners interested in applying for HPSW
should send an email to: [email protected].
Participation at the higher membership segment levels
requires an active HP Partner Agreement for the Territory
in which the partner has a local legal entity and will be
conducting business on behalf of HPSW. Membership is
one of the main components of this Partner Program and
defines HPSW’s relationship with Authorized Partners.
Partners in default under the HP Partner Agreement (or
any related addenda or program documents) forfeit their
right to receive HPSW Partner Program benefits until the
default is cured.
Partners move across membership segment levels as
their investment changes as evidenced during a partner
business review based on the previous HP Fiscal Year,
which starts on November 1. HP notifies Partners
annually regarding their membership segment level.
Partners have 30 days from the partner business review
to dispute their membership segment level. These
levels are measured separately from the HP PartnerFirst
membership segment level.
Figure 1: HPSW Partner Membership Segment Levels
Software
Platinum
The Software Platinum Level is the pinnacle of this Partner Program
Membership structure. Software Platinum Partners must achieve this
Partner Program’s most demanding financial and competency goals so
that they can deliver the expertise and customer value required by HPSW’s
current market strategies. Attaining Software Platinum status not only
allows Partners to promote their special relationship with HPSW, it also
rewards their achievements with this Partner Program’s most generous level
of incentives and benefit payouts. Customers view Software Platinum-level
partners as trusted advisors, as they help their customers with strategic
business initiatives.
Software
Gold
The Software Gold level is awarded to partners who have demonstrated
commitment to HPSW by achieving higher revenue and certification
requirements, and they are rewarded with benefits, such as discounted
training and mentoring services.
Software
Silver
This Software Silver level is for new partners or partners with smaller
practices. Partners at the Software Silver level are typically referral
partners and offer their complementary solutions and services to a specific
geographic area. The types of Silver-level partners are service implementers,
boutique Software Integrator s (SIs), and Value Added Resellers.
Software Silver Partners establish a relationship around a specific product
within one of the HPSW product families. After signing the HP Partner
Agreement, Software Silver Partners are required to provide important
profiling data semi-annually.
Software Silver Partners gain access to a wide variety of this Partner
Program’s demand generation and sales support tools.
Software Silver Partners that request a demo license must be accredited
or have a training plan in place to obtain accreditation. Failure to meet
accreditation standards might result in demo licenses being revoked.
Software
Business
The Software Business level is the entry into this Partner Program, which
means that a minimum set of requirements are met. Software Business
Partners should explore all the opportunities in order to find the best way
to move up to the next membership level. At each step, Software Businesslevel partners are required to learn more about HPSW products and services,
so they can sell more and earn more.
Partner Program Guide | HP Software
Product Authorization
To resell most HPSW products, solutions, and services, partners must
obtain Product Authorization from HPSW. This authorization is achieved
by executing the HP Partner Agreement and completing all product
training and/or certification requirements and revenue minimums. Product
Authorizations for HPSW are available as follows:
SW Platinum HP Exstream
SW Gold HP Exstream
SW Silver HP Exstream
SW Platinum HP TeamSite
SW Gold HP TeamSite
SW Silver HP TeamSite
SW Platinum HP Qfiniti
SW Gold HP Qfiniti
SW Silver HP Qfiniti
SW Platinum HP Aurasma
SW Gold HP Aurasma
SW Silver HP Aurasma
SW Platinum HP TeleForm & HP LiquidOffice
SW Gold HP TeleForm & HP LiquidOffice
SW Silver HP TeleForm & HP LiquidOffice
HPSW may request information regarding program-specific qualification
criteria from any participant. All documents submitted as part of any
program enrollment shall become the property of HPSW and will not be
returned.
Partner Program Guide | HP Software
Requirements
This Partner Program is based on product families and all requirements are aligned to these product families.
A partner may qualify for multiple partner types and multiple authorizations. Partner types include:
•Agent
•Distributor
•Software Integrator (SI)
•Reseller
Partner Business Review
Agreements Contract & Program
Requirements
Software Integrator (SI) Agent
Distributor and Reseller
Partner Application
Yes
Yes
Yes
Financial/Reference Check
No
No
Yes
Partner Business Plan
No
Yes
Yes
Training Competency Project
Plan
Yes
No
Yes
HP Inc. Partner Agreement
Yes
Yes
Yes
There are two paths that partners can take to advance from SW Business
to SW Platinum level: the Revenue path and the Specialist path. Whether
you take the Revenue or the Specialist path, you will be asked to comply
with additional requirements, such as growing your HPSW sales revenue,
acquiring new certifications, fielding more sales resources, and becoming
authorized to resell specific products. In return, HPSW will reward
you with more substantial benefits, increased sales opportunities,
and improved market visibility. All requirements to achieve a new
membership status must be met prior to receiving increased benefits.
Partners may inquire about their membership status by sending an email
to [email protected].
HPSW reviews each Partner’s participation every year. Status is updated
annually at the start of the HP Fiscal Year (November 1), unless otherwise
stated. HP’s annual auditing period extends from August 1 through July 31
of the previous year. Software Platinum Partners must achieve all revenue,
competency, and Product Authorization requirements by September 30,
unless otherwise specified. Partners that are not compliant by the deadline
will not be approved for any applicable Software Platinum designations for
the following HP Fiscal Year, which starts on November 1. For questions
or issues related to the application process or Software Platinum status,
contact [email protected].
Partner Program Guide | HP Software
General Requirements
All partners must execute all of the following general requirements to be eligible for any designation.
•Partners must obtain Product Authorization required to sell applicable
products. They must also meet all authorization training, certification,
and exam requirements, and maintain accounts in good standing with
HPSW.
•Partners must successfully complete all additional sales and technical
training, certifications, and exams, as required by the Partner
designation (SW Silver, SW Gold, and SW Platinum).
•Partners must meet the specific product or group sales coverage
requirements, as outlined in the requirements sections for each
designation.
•Certified partner employees must reside in the region that they serve
(Americas, EMEA or APJ) if their credentials are used to qualify for any
designation requirement.
•Partners must sell primarily using a face-to-face sales model, which
the Partner Program defines as 75% or more of the Partner’s sales
force being engaged in face-to-face sales.
•Partners must complete a joint Business Plan that outlines their market
development strategy and sales outlook for participation in each area
of expertise. HPSW encourages SW Platinum Partners to apply their
available SW Market Development Funds toward demand generation
activities that drive growth and expand market reach.
•Partners must conduct at least one demand generation activity per HP
Fiscal Year, such as a Partner-sponsored customer event or conference
promoting HPSW products. The activity must be designed specifically
to drive the sale of HPSW solutions.
•When evaluating the eligibility of new applicants, HPSW reserves
the right to review the applicant’s sales coverage, type of operating
system, and target market alignment with HPSW’s current go-tomarket strategy.
•As technology grows and expands in the marketplace, participating
Partners are expected to increase levels of competency to support
customer needs and ensure the highest level of customer satisfaction.
When HPSW occasionally requires increased competency levels,
Partners will be given ample time to complete new requirements in
order to maintain Specialist status.
•OEM Partners do not qualify for this Partner Program benefits, unless
otherwise specified in the Ts and Cs of individual Partner Program
offers described in this Guide.
•Partners are required to certify that each product and service
purchased for resale is sold in accordance with the Ts and Cs. To comply
with the Ts and Cs, partners must:
–– Sell only to customers located in the partner’s approved geographic
selling areas.
–– Sell only in the partner’s approved vertical markets.
–– Sell on a face-to-face basis only. Catalogs and telemarketing sales
techniques may be used only as a complement to the face-to-face
sales motion.
–– Obtain prior written approval from HPSW before reselling products
under any conditions that are different from the designated vertical
markets, reselling geography, added value, or other business plans.
•Partners that have more than one Product Authorization are required
to meet the revenue obligation for each product authorization, and
in an instance where a partner is able to over achieve in one Product
Authorization and not meet the revenue requirements of the other
Product Authorization(s), it will be up to the discretion of the Channel
Manager to provide the program operations team with an approval to
allow the partner to maintain their product authorization. If a Partner (i)
does not meet their Product Authorization in two consecutive program
review cycles, then they will no longer be authorized to resell those
products; or (ii) in the reasonable opinion of the Channel Manager, the
Partner is unlikely to meet the required revenue obligation.
Partner Program Guide | HP Software
Annual Revenue Requirements
Partners must maintain a minimum annual revenue requirement in HPSW
sales, generated from either resale revenue or Referral/Influencer revenue
of products and services. New partners with an approved Business Plan
that reflects a sales plan goal are placed in the appropriate segment.
Only revenue tied to HPSW Solutions contracts is included in this Partner
Program’s sales revenue computations.
This includes products and services from all the HPSW product portfolios
that are available for purchase.
Only revenue associated with sales to end-user customers (not sales
to other HP Authorized Partners) qualifies for this Partner Program
membership and/or benefits eligibility and compensation computations.
Silver Annual Revenue Requirements (USD)
HP Exstream Pillar
HP TeamSite Pillar
HP Qfiniti Pillar
HP TeleForm & HP
LiquidOffice Pillar
Americas
$250,000
$250,000 North America (NA)
$50,000 Latin America (LAR)
$250,000 North America (NA)
$50,000 Latin America (LAR)
$50,000
EMEA
$100,000
$100,000 Large countries
$50,000 Small countries
$100,000 Large countries
$50,000 Small countries
$50,000
APJ
$100,000
$100,000 Large markets
$50,000 Emerging markets
$100,000 Large markets
$50,000 Emerging markets
$50,000
Gold Annual Revenue Requirements (USD)
HP Exstream Pillar
HP TeamSite Pillar
HP Qfiniti Pillar
HP TeleForm & HP
LiquidOffice Pillar
Americas
$500,000
$500,000 NA
$125,000 LAR
$500,000 NA
$125,000 LAR
$100,000
EMEA
$250,000
$250,000 Large countries
$125,000 Small countries
$250,000 Large countries
$125,000 Small countries
$100,000
APJ
$250,000
$500,000 Large markets
$350,000 Emerging markets
$500,000 Large markets
$350,000 Emerging markets
$100,000
Platinum Annual Revenue Requirements (USD)
HP Exstream Pillar
HP TeamSite Pillar
HP Qfiniti Pillar
HP TeleForm & HP
LiquidOffice Pillar
Americas
$1,000,000
$1,000,000 NA
$250,000 LAR
$1,000,000 NA
$250,000 LAR
$150,000
EMEA
$500,000
$500,000 Large countries
$250,000 Small countries
$500,000 Large countries
$250,000 Small countries
$150,000
APJ
$500,000
$1,000,000 Large markets
$500,000 Emerging markets
$1,000,000 Large markets
$500,000 Emerging markets
$150,000
Partner Program Guide | HP Software
Competency Requirements
This Partner Program is based on product families and competency is
aligned to these product families. Partners must maintain a minimum
number of trained and certified personnel in HPSW solutions. New
partners must achieve certification within six months of onboarding or
six months after certifications are available. The training requirements at
each segment represent the partner’s commitment to their relationship
with HPSW and their product expertise.
Competency has three sub-components:
Partners that are based in multiple countries must maintain the
minimum number of certified individuals in each country where they plan
to sell or deliver. Individuals should be certified within nine months of
their signed HP partner agreement.
•SW Silver Partners are trained on a single product family.
•SW Gold Partners are trained on two or three product families.
•SW Platinum Partners are trained across all HPSW product families.
1. Training,
2. Certification, and
3. Product Authorizations.
Training and Certification are required eligibility criteria for earning benefits.
Product Authorizations are designated as follows:
Trained and Certified*
HP Exstream
HP TeamSite
HP Qfiniti
HP TeleForm & HP LiquidOffice
Silver Worldwide
1 Sales
1 Sales Engineer
1 Technical Consultant
1 Solution Architect
1 Sales
1 Sales Engineer
1 Technical Consultant
1 Solution Architect
1 Sales
1 Sales Engineers
1 Technical Consultant
1 Solution Architect
1 Sales
1 Technical Consultant
1 Solution Architects
Gold Worldwide
2 Sales
2 Sales Engineers
2 Technical Consultant
2 Solution Architect
2 Sales
2 Sales Engineers
4 Technical Consultants
4 Solution Architects
2 Sales
2 Sales Engineers
4 Technical Consultants
4 Solution Architects
2 Sales
2 Technical Consultant
2 Solution Architects
Platinum Worldwide
4 Sales
4 Sales Engineers
4 Technical Consultants
4 Solution Architects
4 Sales
4 Sales Engineers
4 Technical Consultants
4 Solution Architects
4 Sales
4 Sales Engineers
4 Technical Consultants
4 Solution Architects
3 Sales
4 Technical Consultant
4 Solution Architects
*In those cases where certification is not available, partner may submit completion certificates of training courses.
Partner Program Guide | HP Software
Forecasting, Reporting, and Business Planning
For SW Gold and SW Platinum segments, your HPSW alliance manager
will conduct periodic business plan reviews. You are responsible
for regularly assessing and updating your business plan and for
communicating any significant deviation to your alliance manager.
Partners who provide more detailed forecasting (sales pipeline) and
reporting data on a regular basis, also provide a Joint Business Plan with
their assigned alliance manager.
Partners have a 30-day period from the date of payment to request any
sales-out data or payment adjustments. After the 30-day period, HPSW
will not accept requests for sales-out data or payment adjustments
to any previous fiscal payment periods. HPSW reserves the right, at
its discretion, to modify the time period allowed for requesting salesout data or payment adjustments as HPSW continues to streamline
reporting requirements and processes.
Accurate reporting of sales data plays an important role in our ability
to distribute this Partner Program’s benefits. Partners that participate
in the SW Gold or SW Platinum levels are asked to submit quarterly
sales reports and follow the Sales Reporting Guidelines. A sales
reporting template can be found on the HP Partner First Portal
(PFP) in this Partner Program’s area of the site. The template includes
instructions on the naming convention that should be followed for
proper and accurate reporting. These completed reports must be sent
to [email protected] with a copy to your Partner Business
Manager (PBM), if one is assigned. It is the responsibility of the partner to
make sure that their reports have been accurately received by HPSW.
Sales-out data reporting issues are to be managed by the partner and
resolved with distributors (if a distributor is involved) prior to engaging
HPSW. Questions regarding resubmission of sales-out data should be
directed to [email protected].
It is the sole responsibility of the partner to ensure that its sales-out
data are reported accurately, and this Partner Program’s benefits are
calculated correctly. HPSW will not be held responsible for errors or
delays that result in incomplete or inaccurate benefit payments. It is the
partner’s responsibility to work with HPSW to correct any inaccurate
sales data reported to HPSW.
HPSW reserves the right to adjust this Partner Program’s benefits, based
on the modification of sales data by HPSW, the partner, or distributor.
Final payment adjustments are at the sole discretion of HPSW.
If there are questions regarding the Sales Reporting Guidelines, Partners
may contact their HPSW Partner Business Manager or send an email to
[email protected].
Accurate reporting of sales data
plays an important role in our ability
to distribute this Partner Program’s
benefits.
Partner Program Guide | HP Software
Program Benefits
This Partner Program is based on product families, and all benefits,
compensation, competency, and requirements will be aligned to these
product families. To be eligible for program benefits, products must be
purchased from HPSW and must be in good standing (no defaults) under
the HP Partner Agreement.
The Program Ts and Cs and/or the terms set forth in the Partner
Program Guide should be understood as the requirements for continued
participation in the HP Software Partner Program. If HP Software
determines that a violation has occurred, the partner will be asked for
an explanation and the partner’s participation in HP Software Partner
Program may be altered.
HPSW reserves the right to alter or withdraw any demand generation
tool or compensation benefit at any time. If HPSW does alter or withdraw
any offer, HPSW will provide written notice 30 calendar days before the
change goes into effect. Changes will be posted on the
HP Partner First Portal (PFP) (https://partner.hp.com/)
All partner segment levels (SW Business, SW Silver, SW Gold, and SW
Platinum) receive the following benefits which are explained in detail on
the next two pages.
Partner program guide | HP Software
Location ID
HP Partner First Portal
Welcome Kit and Branding
The Location ID is a unique, numeric identifier,
which HP assigns to each new authorized
partner location upon approval of the HP
Partner Agreement. In some cases, partners
may be asked to provide their Location ID
to access tools and resources. To find your
Location ID, go to the HP partner portal and
click on the down arrow next to your name at
the top right of any page.
The HP Partner First Portal (PFP) is a
dynamic and secure resource that provides
information about HPSW solutions, programs,
marketing opportunities, initiatives, strategies,
training, software, and more.
New partners will receive a Welcome Kit to help
acquaint you with this Partner Program.
Partner branding is a powerful benefit for
Partners and we are committed to marketing
the value of specializations to end-user
customers. Additionally, Partners may display
their company logos with the HPSW Partner
logo.
Partner Program Guide | HP Software
Demonstration Software
HPSW grants a royalty-free demonstration license to use HPSW products for internal evaluation,
testing, demonstration, marketing, and internal training purposes. The software and
demonstration license key may not be used by any contractor who is not directly working for
the partner. The software may not be used for production processing, customer engagements,
customer training, or any revenue generating activities.
The demonstration agreement in this partner guide must be signed, which allows access to software
for demonstration and internal training purposes for one year and can cover multiple countries.
If these Partner Program requirements are met, the demonstration agreement is automatically
renewed, and updated demonstration license keys are sent to the partner. You can request a
demonstration software agreement by sending an email to: [email protected].
Partner Program Guide | HP Software
Benefits by Membership Segment
When Partners move up a membership segment, their investment
(certifications, resources, and sales revenue growth) in their relationship
with HPSW increases, as do their benefits. Qualified Partners may apply
for entry into the next SW segment level at any time during the year. To
qualify for benefits in a given month, Partners must have an application
processed and approved within that month. Some Partners may be
eligible for SW Platinum status on a monthly basis and receive rebates
accordingly. However, newly approved SW Platinum Partners do not
qualify for HPSW Partner Program MDF benefits until the beginning of
the HP Fiscal Half (May 1 or November 1, whichever comes first). SW
Platinum Partners must be approved by HPSW at least 30 days prior
to the beginning of the HP Fiscal Half in order to be enrolled in HPSW
Partner Program MDF. HPSW reserves the right to make all decisions
regarding benefit eligibility, and HPSW’s decisions shall be final.
Benefits
Silver
Gold
Platinum
Reseller discount
Yes
Yes
Yes
Alliance Manager
Yes
Yes
Yes
Referral commission fees
Yes
Yes
Yes
Consulting services discount (20% off HP’s list price)
Yes
Yes
Yes
Design Review
N/A
N/A
Yes
• HP Exstream
15%
20%
25%
• HP TeleForm & HP LiquidOffice
15%
20%
25%
• HP TeamSite
20%
25%
30%
Joint business planning
N/A
Yes
Yes
Technical Assistance
Limited
Yes
Yes
Additional discounts on authorized product lines
N/A
N/A
Yes
Prioritized and branded listing accessed by customers
Standard
Yes
Yes
Preferred sponsorship and special pass discounts at HP Engage User Conference
Yes
Yes
Yes
Instructor-led training discount
HPSW partner enablement offers training across a range of topics that are product-specific:
•Product basics and demo best practices
•Positioning - How to find, identify, and qualify sales opportunities
•Presenting to C-level executives
•Business planning basics
Partner Program Guide | HP Software
Alliance Manager
Successful alliances require an ongoing investment of time and
energy—and they must be managed and cultivated on a regular basis.
The alliance manager is an advocate for you within HPSW and functions
as your point of contact.
The alliance manager is committed to working with you to maximize
the mutual value of the partnership. The following activities and
resources are available through the alliance manager:
•Joint Business Planning – Annual business planning is an important
component in a successful partnership. Your alliance manager will
work with you on your business plan each year to help you focus your
investments, thus maximizing your revenue potential. Planning for
the upcoming fiscal year typically takes place during HPSW’s Fiscal
Year Fourth Quarter (August through October).
•Business Reviews – Measuring your success is key to ensuring
that you meet your annual business objectives. In addition to
working closely with you throughout year, your alliance manager
will hold periodic business reviews. The reviews will help you assess
progress against the business plan. This assessment will allow for
adjustments, if necessary, to keep the partnership on track.
•Sales and Marketing Kits – Partner sales kits contain the following
tools that you need for a specific product initiative in one place: howto information, customer presentations, collateral, white papers,
webcast kits, and more. The kits are available on the HP Partner First
Portal (PFP).
•Documentation – As a partner, you have access to the full product
documentation set, as well as case studies, best practices, and white
papers, through the HP Partner First Portal (PFP).
Partner Program Guide | HP Software
Compensation
Compensation is one of the four key components (Membership,
Competency, Demand Generation, and Compensation) that provides the
structure for the HPSW Partner Program and define HPSW’s relationship
with Authorized Partners. Partner sales (resale or Agent) to HP Inc.
or any HP Inc.-owned entity do not qualify for this Partner Program
benefits.
This Partner Program compensation and demand generation benefits are
calculated using sales information provided by partners. Submission of
false or fraudulent sales information shall result in immediate termination
of program participation and may affect a partner’s status under the HP
Partner Agreement. HPSW reserves the right to recover payments based
on false or fraudulent information provided by a partner.
This Partner Program rewards HPSW Partners for reselling HPSW
products according to the terms of the Specialist and Target
Compensation offers, and for referring business to HPSW in compliance
with Agent Compensation requirements. Financial compensation is paid
when Partners achieve predetermined sales results, meet specific goals,
or deliver services on behalf of HPSW. Partners are compensated in the
form of backend benefits or rebates, commissions, and upfront benefits.
Each compensation type is defined in the following sections.
Demand generation activities or compensation benefits will not be paid
to partners that are in default under their HP Partner Agreement or any
related documents. This Partner Program’s demand generation tools
and resale compensation benefits are calculated based on net resale
revenue on List Price. Agent Commissions calculations are based on net
Agent revenue (Net End-User Customer Purchase Price).
Partner Program Guide | HP Software
Revenue derived from second-sourced products purchased from other
partners is ineligible. Such purchases count as sell-through revenue for
the partner that originally purchased the products from HPSW only.
Reseller Discounts
This Partner Program uses an up-front discount structure to simplify the
reselling process. The end-customer support and maintenance included
with every software sale is calculated as a standard percentage against
the net license fee (after discount) paid by the partner to HPSW. Partners
must work with their HPSW account managers to obtain pricing and a
formal approved quote that can be presented to end customers. If an
opportunity requires a discount above the standard discount, partners
must submit a pricing exception request to their HPSW account manager
that contains the following information: list price, requested price, and
reason for discount. HPSW will respond with an approval or rejection of
the pricing discount exception request within three to five business days.
Authorized partners are eligible to purchase HPSW Products directly
from HPSW for resale to Customers as defined below. If a partner returns
products to HPSW, we reserve the right to adjust the amount of the
current or future compensation payment by the amount of the return.
NOTE: When buying from a distributor, partners will work directly with
distributors on price.
Partners must work with their
HPSW account managers to obtain
pricing and a formal approved
quote that can be presented to end
customers.
Tier 1 Reseller Discount
HP Exstream Pillar
HP Qfiniti Pillar
HP TeamSite Pillar HP TeleForm & HP LiquidOffice Pillar
Platinum
APJ 50%
AMS 30%
EMEA 30%
WW 45%
WW 30%
WW 40%
Gold
APJ 50%
AMS 30%
EMEA 30%
WW 40%
WW 30%
WW 35%
Silver
APJ 50%
AMS 30%
EMEA 30%
WW 35%
WW 30%
WW 30%
Partner Program Guide | HP Software
Agent/Referral Compensation
This Partner Program’s Agent/Referral Partner Compensation
compensates value-adding HP Authorized Partners that recommend
HPSW products and solutions to their customers. Customers purchase
directly from HPSW. Agent/Referral Partners earn “referral fee” which
is simply compensation associated with this type of sales motion.
Agent/Referral Partner commissions are calculated as a percentage of
the Net End-User Customer Purchase Price for each product category
and excludes hosted service fees. Agent/Referral Partner Partners are
not compensated on invoiced orders prior to meeting the enrollment
requirements. The resubmission request must be made, whether or not
a partner has received a benefits payment. Agreement to review a resubmittal request does not automatically imply that HPSW will make an
adjustment to a partner’s benefits.
Requirements
If a partner submits a deal registration in order to qualify for this Partner
Program’s benefit, but quotes and/or sells a competitor’s products in the
same opportunity, HPSW may revoke the deal registration and/or pricing
request.
•An approved and current HP Inc. Partner Agreement
•In the United States, a scanned copy of the Internal Revenue Service
(IRS) W-9 form must be sent to [email protected].
•Referral partners qualify for commissions if the opportunity
registration is completed at least 30 days before the deal closes.
•Referral partners cannot be the reseller for the same opportunity.
Partner Program Guide | HP Software
Benefits
This Partner Program pays a commission depending upon
the level of support provided by the partner. HPSW’s
decisions regarding payment discrepancies are final.
Commissions are payable to the referral partner only after
HPSW has received full payment from the customer. If a
customer returns products that were qualified for Agent/
Referral Partner commission, HPSW will decrease the
partner’s commission accordingly. Good faith commission
payments made by HPSW, but later found to be unqualified,
must be reimbursed to HPSW upon demand. The HPSW
Partner Business Manager provides information about
Agent/Referral Partner Compensation and Agent/Referral
Partner deal registration, and ensures that partners
receive accurate commissions. Partners can review
their Agent/Referral Partner commission payments by
sending a request to their HP Partner Business Manager
or [email protected]. The submission of a
rebate claim, an upfront benefit deal registration, or request
for promotional funds pursuant to a Partner Program offer
indicates agreement to and acceptance of the Partner
Program Ts and Cs.
5% commission is subject to mutually
agreed upon activities:
•Recommending HPSW products or services to customers
•Identifying and qualifying opportunities
•Engaging HPSW field representatives and participating in the sales
cycle and execution
10% commission is subject to mutually
agreed upon proof of performance,
including but not limited to the following:
•Participating in joint selling efforts
•Recommending or specifying HPSW as a preferred solution to the
Registered Opportunity
•Arranging meetings with the Registered Opportunity and actively
working with key decision makers
•Advising on the Registered Opportunity’s purchasing and contract
processes
•Providing feedback and coaching on the Registered Opportunity’s
reactions to HPSW and sales presentations
•Assisting with a company or joint RFP/RFI submission
•Providing solution architecture
•Conducting proof-of-concept, demonstrations, and/or detailed
Return-on-Investment configurations
Partner Program Guide | HP Software
Resale Consulting Services
HPSW partners can resell or subcontract all HPSW consulting services,
subject to a master services agreement or the execution of a Statement
of Work (SOW) for those services. Additionally, partners can sell custom
HPSW consulting services at a discount for use in projects on behalf of
customers, and subject to a mutually agreed-upon Statement of Work.
Partners are eligible to uplift HPSW “Net Bids” for custom consulting and
implementation projects to support multivendor environments. In such
cases, the partner assumes primary legal and financial responsibility for
the completion of the project, and HPSW acts as a subcontractor to the
partner. If your customer requests that the services project be written
“on HP paper,” then you can act as a referral partner rather than as a
reseller. In such cases, HPSW provides a direct quote and completes the
sales cycle with your customer.
The intention of the services program is to compensate partners who
bring new business to HPSW. Your alliance manager will help you create
custom SOW “Net Bids” to close your services business.
HPSW will do the following:
•Communicate current services portfolio information, updates, and
changes to the services quoting and ordering process.
•Provide you with HPSW service capability descriptions and HP services
terms.
•Work with you to ensure the delivery of services to your customers.
•Respond in a timely manner to custom SOW project requests.
•Notify you of customer acceptance of project deliverables for all
engagements that were ordered.
Partner Program Guide | HP Software
As a partner, you are expected to do the following:
•Review HPSW service capabilities to determine alignment with
customer need.
•Engage with the HPSW account management team to provide all of the
information necessary to enable HPSW to issue a “Net Bid.”
•Present your appropriately uplifted “Bid” to the customer, based on the
custom SOW and the “Net Bid” you receive from HPSW.
•Carry out the ordering process with HPSW.
•Invoice your customer based on the payment terms detailed in the
HPSW custom SOW.
Partners will establish and administer their own agreements with
customers to cover the services that HPSW delivers. All services
delivered by HPSW will be in accordance with the terms and conditions
of each SOW. Partners are responsible for all commitments, collections,
promotions, sales, and services made to customers.
Partners can execute a Master Services Agreement for consulting services to
provide a legal framework for multiple custom SOW projects. Any additional
terms in each SOW will supersede the terms in the Master Agreement.
Resale Support Services
HPSW resellers are authorized to resell only the first year of support and
maintenance to end-user customers in conjunction with the license sale,
unless otherwise specified. Upon the annual renewal, the support contract
with the end-user customer reverts to HPSW. If authorized by the end
user, the reseller can contact HPSW Support on behalf of the end user.
In certain situations, HPSW may allow a partner to resell subsequent
years of support services. In such cases, HPSW works with the partner
to reach a mutually acceptable definition of the support obligations.
Partners can only resell standard HPSW support and must make sure
that the customer understands the HPSW Support Guide.
A partner can offer value-added support services for the value-add
solution that the partner provides to the end user. All obligations are
between the partner and the end user.
HPSW is not responsible for the solution delivered by the partner, nor
does HPSW provide any warranty for reseller involvement or reseller
commitment in providing support services. Partners will be solely
responsible at their own cost for any and all warranties, representations,
and commitments made in respect to the value-add solution or services
offered by the partner beyond those expressly stated in the terms and
conditions of HPSW’s standard support services offerings.
Partner Program Guide | HP Software
Assistance
This Partner Program offers various assistance to help our partners
reach their full potential. All assistance is based on membership level.
Sales Opportunity Assistance
HPSW sales specialists are available during the sales cycle to assist with
the following:
•RFx assistance provides accurate and timely response to product
feature inquiries.
•Demonstration assistance makes the industry demonstrations
impactful.
•Proof-of-Concept review ensures that the demonstration event is
designed well to meet requirements and answer “how-to” questions.
•Product Support Escalation provides timely exploration and resolution
during a sales opportunity.
•Product Enhancement requests ensure that enhancement requests are
evaluated and prioritized.
Technical Assistance
Technical assistance is offered to qualified technical personnel for
technical questions for internal and client-related issues. The HP Partner
First Portal (PFP) is the primary source for information.
Partner Program Guide | HP Software
Implementation Assistance
HPSW is dedicated to the success of our partners, and we realize
that their success depends on the ability to deliver successful
implementations. One of the most effective ways to become proficient
with HPSW solutions is to work with one of our Technical Consultants
from the HPSW Professional Services team. Please contact your partner
alliance manager to review your services proposal to:
•Learn how to leverage the full set of HPSW capabilities to produce
high-quality projects that meet requirements.
•Avoid potential design and development challenges by leveraging
proven best practices.
•Reduce project risk.
•Identify innovative solutions for your design challenges.
A design review ensures that the overall project approach is sustainable
and applicable to a new project or a current solution that needs quality
or performance improvements. A design review leverages the expertise
of HPSW in order to provide best practices and recommendations to
achieve your target results based on your requirements.
Mentoring allows you to leverage the expertise and experience of our
HPSW Technical Consultants on your implementation projects. In some
situations, you can leverage HPSW’s expertise by integrating us as part
of your project team for longer-term engagements. During a mentoring
engagement, various HPSW resources become part of your project
team and provide mentoring to your resources, as well as provide best
practice recommendations for the design and development of your
solution. Mentoring engagements can vary in duration, depending on
the partner’s specific needs. Before mentoring services are scheduled,
an opportunity must be defined or a deal must be registered. Any onsite
hours and travel expenses are charged to the partner. Mentoring events
are tracked and annually reviewed by the partner.
Partner Program Guide | HP Software
Competency Training
Training content is provided to Partners through a variety of methods.
Some training is offered at HP Training facilities and/or offices as
instructor-led training. Other courses are available as either in instructorled online sessions or as self-paced learning, including recorded sessions.
We also provide reference resources including reference manuals, training
material, whitepapers, quick reference cards, recordings, and more. All
resources, including curriculum, course and registration information, are
posted on the HP Partner First Portal (PFP).
Partners must participate in and successfully pass sales courses that
align with the products that they will be authorized to sell. This will
differ for each Partner. Additional courses will be required for new
product authorizations. Course material are for people in Sales, Presales
Engineers, Professional Services, and Account Management roles.
HPSW works with each partner to create a custom enablement plan
based on the partner’s business plan, solution, industry focus, or specific
engagements.
For more information, contact your local Partner Business Manager or
send an email to [email protected].
HPSW Education Services is our training organization committed to
delivering the best possible learning experience. A global team of
experienced trainers and subject matter experts offers you welldesigned training courses. For more details on training, go to the
HP Partner First Portal (PFP).
Partner Program Guide | HP Software
Certification
Certification is achieved on an individual basis by product and is based on a specific product version.
Accreditation is designated to a partner organization when a minimum
number of certified individuals work for the partner organization. A
minimum number of certified individuals must be assigned to work
on each HPSW project. The minimums are defined as segment level
competency requirements. For any questions regarding training,
certification, or accreditation, contact your HPSW alliance manager or
send your questions in an email to [email protected].
If an HPSW Partner employs an HPSW certified professional who had
previously worked for another Partner and whose certifications had
been counted toward the previous employer’s current competency
requirements, then that certified professional may not be counted
toward the hiring Partner’s competency requirements for one year after
the hire date.
Partner Program Guide | HP Software
Glossary
This appendix defines terms that are frequently used by the Partner Program.
Agent Partner is a HP Software Partner Program member that has
signed the HP Partner Agreement, and receives commissions for
referring business to HP Software while providing extended value-added
activities to end-user customers that purchase directly from HPSW.
benefits by closing new opportunities, acting as an Agent for HP, meeting
predefined sales goals, and increasing demand for the HP portfolio
of products. Because PartnerFirst is a performance-based program,
partners that deliver the greatest value to HP reap the greatest rewards.
Authorized Products is a category of HPSW products that are
developed and sold by HPSW to end-user customers and partners. The
list of products includes but is not limited to the following; Exstream,
TeamSite, Qfiniti, Aurasma, TeleForm, and LiquidOffice.
PBM (Partner Business Manager) is the single point of contact for Gold and
Platinum Partners. The PBM focuses on leading sales of HPSW products
and services and helping partners grow their HP-related business. The
PBM is also known as the HP Channel Sales Manager (CSM).
Branding Insignias are provided allowing partners to publicize their
special relationship with HPSW on their websites and in sales literature,
advertising, and signage.
PL (Product Line) for HPSW includes Exstream License PL BEX and Digital
Marketing PL BAE. All software products and modules fall into one of
these PLs.
Distributor is a business entity to purchase HP Software products and
services directly from HP Software and to distribute to HP Software
authorized resellers. Distributors are not authorized to distribute HP
products directly to end-user customers.
POC (Proof of Cost) is documentation required by HP to verify that a
partner has spent its Marketing Development Funds in accordance with
marketing planning and MDF guidelines.
HP Exstream includes the products: Design and Production, Command
Center, Delivery Manager, Empower
PartnerFirst is HP Inc’s partner sales program. The HP Inc. PartnerFirst
Program represents HP’s commitment to its partners and investment
in the channel. PartnerFirst compensates partners for expertise and
initiative. Eligible partners earn rebates, commissions, and upfront
PPO (Partner Profile Owner) is a partner employee who manages and
updates the company profile and other partner information on the
HP Partner First Portal (PFP). Each partner will have its own employee,
nominated as a “partner profile owner” and responsible for creating/
editing the company’s respective Partner Directory page. Updates will
be reviewed and approved by the partner’s PBM before the proposed
company profile appears on the Partner Directory page.
Partner Program Guide | HP Software
Priority listing includes your company name and Web page hyperlink
on the following: hpengage.com, HP collateral, and HP email signatures.
Product Authorization allows a partner to sell certain HPSW products.
To become authorized for specified product types, partners must
complete the required certifications and have an active HP Partner
Agreement in place. Requirements for authorization may include
revenue, regional coverage, and certification.
Public Sector is HP terminology for a vertical market that includes U.S.
Federal, State, or Local Government agencies, and public or private K–12
and higher education institutions.
Referral is for partners who want to receive a commission (referral fee)
for referring sales of HPSW to a customer that purchases and completes
a license transaction directly from HP. Commissions are calculated as a
percentage of the net software license sale made by HP. Partners must
register their opportunities. Partners located in the U.S. must complete
an Internal Revenue Service (IRS) W-9 form. Total annual sales revenue
is calculated at each partner’s corporate headquarters (HQ) level and
includes qualifying resale and Agent revenue.
Regions are defined in the HPSW Program as Americas, EMEA (Europe,
Middle East and Africa) and Asia Pacific Japan (APJ). See the Regional
Country Designations section for the designations of which countries
make up these regions for HPSW.
Resale revenue refers to revenue derived from an end-user customer’s
purchase of HPSW products and services from a partner. Resale revenue
may be reported to HPSW by various methods, depending on the specific
products and method of acquisition. This includes revenue reported by the
partner or reported by HPSW for sales made to the partner.
Reseller (or resale) is for partners who want to sell HPSW to end
customers by purchasing licenses and support from HPSW and selling
them to the customer. Resale revenue refers to revenue associated
with an end user’s purchase of HPSW from a partner. HPSW resale
revenue is measured as reported by HPSW for sales that are made to the
partner, and verified by documentation that confirms the delivery of the
software to the end customer. This is also referred to as “back-to-back”
documentation. Resellers need a detailed business plan. Resellers must
commit to training and provide regular forecasts.
Solution Architect is a senior technical resource who is responsible for the
oversight and application of best practices, technical quality assurance/in
flight reviews and establishment of platform architecture design. Also often
serves as a technical liaison between IT and the business.
Software Integrator (SI) is a partner that has the ability to integrate
multi-vendor software and project management services into a solution,
which is delivered to the customer for a fee.
Technical Consultant is a consulting resource responsible for the day to
day implementation, configuration and testing of the solution platform.
Also responsible for customer technical mentoring and maintaining peerto-peer customer relationships.
HP Qfiniti includes the products: Qfiniti, Explore
HP TeamSite includes the products: TeamSite, MediaBin, Optimost,
LiveSite, SiteSearch, OpenDeploy
Partner Program Guide | HP Software
Regional Country Designations
This Partner Program benefits and requirements are based on sales locations. Partners must be located
in and sell to end-user customers in the region and country specified in their HP Partner Agreement.
Americas (AMS)
Countries within the Americas region.
Europe, Middle East and Africa (EMEA)
Groupings of countries within the EMEA region. Nonlisted countries are considered “micro-market” or
developing. Sales thresholds may be agreed upon locally.
Asia Pacific Japan (APJ) Groupings of countries within the APJ region. Non-listed
countries are considered “micro-market” or developing.
Sales thresholds may be agreed upon locally.
North America
Large Countries
Germany, France, UK
Large Markets
Small Countries
Italy, Ireland
United States, 50 states and
the District of Columbia.
Does not include Puerto
Rico, Guam, the Philippines,
and other U.S. territories.
Canada
Central America
Mexico, Costa Rica,
El Salvador, Guatemala,
Honduras, Nicaragua,
Panama
South America
Brazil, Colombia, Argentina,
Peru, Venezuela, Chile,
Ecuador, Bolivia, Paraguay,
Uruguay, Guyana
GWE
Baltics, Switzerland, Sweden, Norway,
Netherland and Luxemburg, Finland,
Denmark, Belgium, Austria
MEMA
Israel, Iberia, Egypt, Greece, Iraq, Jordan,
Kuwait, Lebanon, Mauritius Island,
Morocco, Nigeria, Oman, Qatar, African
Eastern, Saudi, African Southern, South
Africa, African Western, Tunisia Algeria,
Turkey, Angola, West Central Africa,
Arab-Emirates, Yemen, Bahrain, DomCom
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© Copyright 2016 Hewlett-Packard Development Company, L.P. The information contained herein is subject to change without notice. The only warranties for
HP products and services are set forth in the express warranty statements accompanying such products and services. Nothing herein should be construed as
constituting an additional warranty. HP shall not be liable for technical or editorial errors or omissions contained herein.
February 2016
Australia, Japan, China, India,
South Korea, Singapore
Emerging Markets Indonesia, Malaysia,
New Zealand, Philippines, Taiwan,
Thailand, Vietnam, Bangladesh,
Pakistan, Sri Lanka, Cambodia,
Hong Kong
Partner Software Demonstration License Agreement | HP Software
Partner Software Demonstration License Agreement
1. Products. The enclosed software and related documentation of the HP
Software product(s) listed below, (collectively the “HP Software”), are provided
for the sole purpose of internally training, testing and demonstrating the HP
Software by the Partner (“Partner”) named
.
HP Software: (TeamSite, Qfiniti, TeleForm, LiquidOffice, Exstream, Aurasma)
2. License. HP hereby grants to Partner a non-transferable, royaltyfree license to use the HP Software for the purposes of internal training,
development, testing or demonstration of the integration or interoperability
between the HP Software and Partner or end-user customer systems. Partner
may make one backup or archival copy of the object code of the HP Software.
No license is granted herein to the Partner to resell the HP Software or any HP
products or Services to any third parties.
3. Restrictions on Use. No intellectual property license, and no other license of
any kind is granted to Partner except for the limited right to use the HP Software as
provided above. Partner shall not reverse engineer, disassemble, or decompile the
HP Software or any portion thereof. Except for the internal training, development,
testing and demonstration, Partner shall not use the HP Software in any other
manner, including, without limitation, to produce, market, or support its own
products or those of any third party or any end-user customer, or use the HP
Software in any manner in a production environment.
4. Term. The term of this Agreement (“Term”) is the greater of (90) days or
(365) days from the date the Agreement is executed, provided, however, that
in no instance shall the term of the License Agreement period be greater
than twelve months (12) months from the date this Agreement is signed.
Upon mutual written agreement, subsequent terms may be granted. If no
subsequent Term is granted, upon the expiration of the Term or any earlier
termination of this Agreement, Partner shall promptly remove all copies of the
HP Software from its machines and return all tangible materials to HP.
5. Precedence. This Agreement govern the use of HP Software for demonstration
purposes only and, for that purpose only, takes precedence over any license terms
that may be included with the HP Software or other agreements.
6. Support. HP WILL NOT PROVIDE ANY SUPPORT, ASSISTANCE, INSTALLATION,
TRAINING OR OTHER SERVICES AND HP WILL NOT PROVIDE ANY UPDATES,
ENHANCEMENTS OR EXTENSIONS TO THE HP Software OR HP PRODUCTS
UNLESS SUCH UPDATES, ENHANCEMENTS OR EXTENSIONS ARE NECESSARY
OR REQUIRED UNDER THE PARTNER AGREEMENT OR MUTUALLY AGREED TO
BUSINESS PLAN.
7. Disclaimer of Warranties. Partner accepts the HP Software “AS IS”, with all
errors or defects. HP MAKES NO WARRANTY OF ANY KIND EITHER EXPRESS OR
IMPLIED WITH RESPECT TO THE HP Software OR OTHER HP PRODUCTS, AND
SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
8. Limitation of Liability. HP shall not be responsible for any loss or damage
to Partner, its end-user customers or prospects,or any third parties caused
by the HP Software, HP Products or by HP’s performance of the Agreement.
HP SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATING TO THIS
AGREEMENT INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND IRRESPECTIVE OF
WHETHER HP HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
HP restricted. For HP and channel partner internal use only.
Partner Software Demonstration License Agreement | HP Software
9. Alterations by Partner. Partner shall not alter the HP Software except with
the prior written consent of HP. Any alterations made or suggested for the
HP Software by Partner shall be the exclusive property of HP, together with
all intellectual property and other rights therein; Customer shall execute any
documents, and otherwise cooperate with HP at HP’s expense, as necessary to
enable HP to protect such rights.
10. Assignment. Partner shall not assign or otherwise transfer any rights or
obligations under this Agreement. Any attempted assignment or transfer shall
be voidable at HP’s option.
14. Captions. All titles and captions in this Agreement are for convenience only
and shall not be interpreted as having any substantive meaning.
15. Severability. If any provision of this Agreement is found by a proper
authority to be unenforceable or invalid such unenforceability or invalidity shall
not render this Agreement unenforceable or invalid as a whole, or in part, and
in such event, such provision shall be changed and interpreted so as to best
accomplish the objectives of such unenforceable or invalid provision within the
limits of applicable law or applicable court decisions.
11. Termination. In the event that Partner breaches this Agreement, HP
may terminate this Agreement immediately upon written notice to Partner.
Further, either party may terminate this Agreement without cause on five days
prior written notice. The rights and responsibilities of the parties pursuant to
Sections 3, 7, 8, 9, 10, 11, 12, 13, 14, and 15 herein shall survive the expiration
of the Term or earlier termination of this Agreement.
12. Entire Agreement. This Agreement contains the entire agreement of the
parties relating to the subject matter hereof. Any representation, promise,
or condition not explicitly set forth in this Agreement shall not be binding on
either party. Any amendments to this Agreement shall be in writing and signed
by the authorized representatives of each party.
13. Governing Law. Disputes arising from this Agreement will be governed by
the law of the jurisdiction of the principal place of business of the HP Affiliate
accepting the order to which the dispute relates and the courts of that locale will
have jurisdiction, Partner and HP agree that the United Nations Convention on
Contracts for the International Sale of Goods will not apply to this Agreement.
Claims arising or raised in the United States will be governed by the laws of the
State of California, excluding rules as to choice and conflict of law.
HP restricted. For HP and channel partner internal use only.