Dell Partner Portal

TERMS AND CONDITIONS

By participating in the Dell PartnerDirect Program for ISVs (“Program”), the company or entity submitting the Partner application (“you”) agrees to be bound by all of the Terms and Conditions below (“Agreement”). Please print a copy of this Agreement for your records. Completion of the partner application does not imply that you have been accepted into the Program. Acceptance into the PartnerDirect Program for ISVs does not imply that you have been accepted into any other Dell PartnerDirect Programs, each of which may have separate terms and conditions.

1. ELIGIBILITY. Throughout your participation in the Program, you (a) must be in compliance with any applicable agreement with Dell currently in place, including but not limited to a signed, written ISV Certified Partner Agreement (if applicable); (b) maintain a current registration profile including yearly updates and prompt notification to Dell in writing of any change that may affect your membership or membership level; and (c) meet other criteria required by Dell. This Program is not exclusive, and Dell may authorize any qualified third party to participate in the Program.

2. PARTNER PORTAL ACCESS. Your use of the Partner Portal is subject to this Agreement, Dell’s Site Terms at www.dell.com, and any additional terms within the Partner Portal. You will create an online password that will allow you to access the Partner Portal. You are responsible for keeping your password confidential. Dell recommends that you change your password regularly. You will be responsible for all activity on your account. If you believe an unauthorized transaction has occurred in your account, please notify the Dell ISV program office at US_partner_registration@dell.com. You will not grant any third-party access to the Partner Portal without prior written approval by Dell.

3. PARTNER LISTING. Dell may have a partner-locator tool to help the public search for a Dell partner. Unless you advise Dell in writing that it may not do so, Dell may include you in the partner-locator tool, which may include basic information such as your company name, address, telephone number, web address, partnership level, certified practice areas, and individual contact names.

4. ERRORS & AVAILABILITY. Dell is not responsible for any errors in transmission that may occur prior to our receipt of the transmission. You acknowledge that the security procedures used in the Partner Portal are for the purposes of authentication of a transmission, and not to detect error. In addition, there may be a delay between the time you send a transmission to Dell and the time Dell receives it. All transmissions are considered received by Dell only when actually received by Dell. Dell is not responsible for any delays between the time you send a transmission and the time Dell receives it. Access to the Partner Portal may be unavailable without notice at certain times, including when systems require maintenance or upgrades, or in the case of unforeseen circumstances such as earthquakes, fires, floods, terrorism, war, riot, computer virus or bugs, computer failures, interruptions in telephone service, or electrical outages. Dell will not be liable for the unavailability of service or for any damages that may result from such unavailability.

5. CONFIDENTIALITY. The term “Dell Confidential Information” means any information related to the Program, including the Partner Portal and all non-public data contained in the Partner Portal. You will keep all Dell Confidential Information strictly confidential for a period of three (3) years after the termination of this Agreement or any related agreement with Dell. You may not disclose Dell Confidential Information to any third party without Dell’s prior written consent. You may share Dell Confidential Information with only your employees who have a need to know and who are subject to legally binding obligations to keep such information confidential. These confidentiality obligations do not apply to any Dell Confidential Information that (a) you can demonstrate was in your possession before receipt from Dell; (b) is or becomes publicly available through no fault by you; or (c) you rightfully received from a third party without a duty of confidentiality. If you are required by a government body or court of law to disclose any Dell Confidential Information, you agree to give Dell reasonable advance notice so that Dell may contest the disclosure or seek a protective order.

6. ADMINISTRATION. At any time Dell may audit your compliance with the Program or verify any reports or claims you submitted. Dell may deny any claim that it believes, in its sole discretion, does not conform to Program rules, which include this Agreement. Dell may, without prior notice, immediately suspend or terminate your participation in the Program if you submit inaccurate, incomplete, or fraudulent claims or information or if you engage in activities that may cause damage, embarrassment or adverse publicity to Dell. Dell’s records and systems shall be authoritative and conclusive for purposes of determining your eligibility and Program benefits and for performing any computation under the Program. Dell reserves the right to interpret the rules of the Program in its sole discretion. All decisions made by Dell are final.

7. COMPLIANCE. You agree you will comply with all applicable federal, state, and local laws and regulations governing your participation in the Program. In addition, you agree to comply with all terms posted to the Partner Portal, including:

• Registered Partner Software License here
• Dell logo license terms here
• Dell PartnerDirect community forum terms here

  Without limiting the foregoing, you represent and warrant that, for each commercial email delivered to a U.S. resident that promotes a Dell product or service or your participation in the Program (a “Partner Email”), you will fully comply with the federal Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the “CAN SPAM Act”), all rules and official guidance promulgated by the Federal Trade Commission pursuant to the CAN SPAM Act, the Federal Communications Commission’s rules and orders regulating the transmission of commercial email to wireless devices, and all other applicable federal, state and local laws and regulations. In addition, without limiting the foregoing, you agree to comply with the following requirements with respect to each Partner Email:

  • Prior to transmission, you will scrub the mailing list against your own internal do-not-email list;
  • You will include a “from” line that accurately identifies you as the sender of the message;
  • You will not identify Dell in the “from” line as a sender of the message;
  • You will include accurate header and transmission information;
  • The subject line will accurately reflect the content of the message;
  • The message will clearly and conspicuously disclose that it is an advertisement;
  • The message will clearly and conspicuously disclose your true name and valid postal address;
  • You will include in each message a clear and conspicuous explanation of how the recipient may opt out of receiving future commercial emails from you, including a valid email address or a hyperlink that the recipient may use to do so. If you use an email address, it must allow the recipient to opt out by replying. If you use a hyperlink, it must allow the recipient to opt out by clicking to a single web page and providing nothing more than his/her email address. The email address or hyperlink must remain capable of receiving opt-out requests for at least thirty (30) days after the email is sent;
  • You will not send a Partner Email to any person who has opted out of such receipt;
  • You will not alter or revise any message creative supplied to you by Dell without Dell’s prior written consent;
  • You will include your own advertising content in the message. Such content will consist of more than a link to your website or your contact information, although it may include such a link and/or contact information. You represent and warrant that any content or other creative that you contribute to the message (including, without limitation, the subject line) will fully comply with all applicable laws (including laws regulating advertising and marketing) and will not infringe upon or violate any copyrights, trademarks or any rights of privacy or publicity or other proprietary rights of, and will not cause injury to, any third party;
  • You agree that Dell may, in its discretion, monitor your emailing activities under these Terms and Conditions. Without limitation, Dell may do so through the use of a third-party monitoring service; and
  • You will notify Dell immediately in writing of any investigation, litigation, arbitrated matter or other dispute relating to your email marketing operations.
  
  You agree that Dell’s trademarks, service marks, trade or company names, product and service identifications, logos, artwork and other symbols and devices associated with Dell’s products and services (the “Dell Marks”) are and shall remain Dell’s property. You acknowledge that any provided images and artwork of Dell products are copyrighted by Dell and you will not alter these images or use them outside of the context in which they were provided to you.