1 DEFINITIONS

2 GENERAL

2.1 The Program Website is provided to you by Siemens (including its parents, affiliates, subsidiaries, officers, directors, employees, representatives, contractors and agents)

2.2 These Terms apply to all activity related to the Program and will be in effect for the duration of the Program. Particular promotions, contests, and prizes may also be subject to specific terms which will be communicated to Participants from time to time.

3 ACCEPTABLE USE

3.1 You may use this Website only in accordance with these Terms and Conditions, for lawful and proper purposes, and in compliance with all applicable laws, regulations, and codes of practice within the jurisdiction from which you are accessing this Website.

3.2 In particular, you agree that you shall not:

3.3 CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE OR CORRUPT ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL LAW AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, PROMOTER AND ITS AUTHORIZED AGENTS RESERVE THE RIGHT TO PROSECUTE AND SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.

4 ELIGIBILITY TO PARTICIPATE

4.1 The Program supports valuable engagement with Partners. Under the Program, Participants have the opportunity to earn Program Points by selling Eligible Products and benefit from other incentives.

4.2 Individual Participants may participate in the Program, but only if they have reached the legal age of majority in their state, province, territory, or country of residence at the time of registration.

4.3 Participants can register on Program Website by providing the required information as noted on the registration form, including tax identification number for tax reporting purposes. All information shall be accurate, truthful, and up-to-date. We will approve registrations subject to eligibility.

4.4 All registrations are subject to approval by the Promoter, who may give or decline approval to participate in the Program or any promotions running in conjunction with Program at any time at its sole and absolute discretion. The Participant shall be notified accordingly.

4.5 The Program is available to all Participants based in the Territory.

4.6 Employees of the Promoter or its advertising and promotion agencies, suppliers, any other companies engaged in the set up and administration of the scheme including the development, production, or distribution of materials for this Program are not eligible to participate in the Program. Eligibility will be determined at the Promoter's sole discretion.

4.7 Note - Verify that you are permitted to participate: Individual Participants are responsible for ensuring that they have the prior authorization of their employer to enter into the Program. Some companies do not allow their employees to participate in programs of this type. It is your sole responsibility to review and understand your company's policies regarding participation. You may register for and participate in the Program only after the Promoter has obtained express consent from an Authorized Decision Maker at your company and in compliance with your contractual obligations to your employer and your employer's policies. Please contact us if your employer refuses to consent to your participation in the Program.

4.8 Individual Participants may participate in the Program by registering online at the Program Website. The registration form must be completed by an Authorized Decision Maker. By submitting the registration form you warrant that you have such authority and that the partner company agrees to these Terms. The Promoter or its agent may confirm applications to register by contacting the company's Authorized Decision Maker on the Promoter's existing database of contacts by email or otherwise.

4.9 Participation in the Program must not compromise Participants' obligation to give honest advice to customers. Any Participant found to be compromised by participation in the Program shall no longer be eligible to participate and shall not be eligible to receive Rewards under this Program.

4.10 Neither Participation in this Program nor the Terms of this Program change or alter in any way the distinct terms and conditions under which Partners or Participants have agreed to resell Promoter's products and services.

4.11 Partner company owners, part-owners, executive level employees, or any other employee that the promoter deems ineligible for participation in the program will receive a declined or terminating registration.

5 TAX AND OTHER LIABILITIES

5.1 In certain countries, the provision of, or receipt of rewards and other incentives under the Program by Individual Participants may trigger tax/social security and/or other liabilities on the part of the Individual Participant. By participating in this Program, you confirm your understanding of this and agree to declare and promptly pay any such taxes, contributions, or payments that you are liable to make from time to time. You are responsible for all federal, state, province, and local taxes (including income and withholding taxes) and you shall pay, or procure payment through your employer, any such liabilities arising. You acknowledge and agree that we are not your employer.

5.2 Any Rewards received by a Participant may be treated as a taxable income upon issuance of the reward and be considered direct compensation for taxation purposes.

Siemens automatically credits points to the participant based on the most accurate information provided from the Siemens Partner Sales Portal. Participants are never asked to accept receipt of the points credited and points have no value until redeemed for awards and will not be reported as taxable until redeemed. When a participant uses points in their account in exchange for claiming a reward, they accept receipt of the points and are responsible for any liabilities associated with the value of that reward per section 5.2.

5.3 NEITHER THE PROMOTER NOR ITS AGENTS WILL BE HELD LIABLE FOR ANY SUCH TAXES OR LIABILITIES AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE PROMOTER AND ITS AGENTS AGAINST ANY SUCH TAX OR SOCIAL SECURITY CONTRIBUTIONS INCURRED BY PROMOTER.

5.4 Any Program Points redeemed by an Individual Participant are one-off, non-continuous benefits and do not give rise to any right to additional remuneration (or any exception thereof) as part of the Individuals Participants' employment package.

6 DEAL ELIGIBILITY

6.1 To be eligible for Program Points, Participants must supply full details as required and comply with all rules and procedures. The Promoter accepts no responsibility for ineligible entries or entries made fraudulently.

6.2 You may be asked to verify full customer transaction information. Only Deals conducted under normal business and commercial conditions will be considered Eligible Sales.

6.3 The Promoter will issue Program Points only once for each Deal.

6.4 A transaction may be rendered as ineligible for Program Points at the Promoter's sole discretion. While these situations are rare, fulfillment deals license compliance deals and/or extreme discounting or specially-negotiated deals, for example, may be cause for Promoter to render a transaction as ineligible for Program Points.

6.5 To earn Program Points for a Deal, be registered as an eligible participant of the program with valid rewards ID. Participant must be listed as primary partner rep on the sales opportunity in the siemens sales portal.
See instructions here:

6.6 Tier-2 partners are not eligible for this program.

7 ELIGIBLE PRODUCTS

7.1 The full list of Eligible Promotions is displayed on the Program Website. The Program Site will always contain the definitive list of Eligible Promotions.

7.2 The Promoter may bring new product offerings to market in the future which may or may not be included in this, or any other incentive.

7.3 The Promoter reserves the right to modify Promotions at any time at its sole discretion.

7.4 The Promoter commits to providing at least five business days notice before Current Eligible Promotions or rewarded points values per Promotion change. Any changes will be communicated on the Current Promotions page of the program site and will go in effect on the date stated in the five days notice statement. Note that the Promoter will not retroactively alter Eligible Products or point values, except in rare instances of miscommunications or Website malfunction.

7.5 Demonstration software, for use in internal Partner facilities, including, but not limited to, demonstration centers, training facilities and technical labs are not Eligible Products and will not qualify for Program Points.

8 CLAIMS

8.1 All decisions by the Promoter concerning Program Point issuance and quantity are final.

8.2 If a transaction cannot be validated after thirty (30) days of submission, the Promoter may contact the Participant to obtain additional information to be used in verifying the pending Claim.

8.3 If the Participant does not respond within thirty (30) days of the Promoter's inquiry to the Participant, the Claim may be rejected, and the transaction will not be eligible for reclaiming.

8.4 If, after a Participant has been issued Program Points, the applicable end customer purchase is cancelled or the Eligible Products are returned, the Program Points may be revoked and reclaimed by the Promoter.

8.5 The Promoter prohibits Participants from submitting a Claim on transactions that have been refunded or cancelled prior to the time of the Claim submission. Submission of a Claim for Program Points for a refunded or cancelled transaction my lead to a Participant's dismissal from the Program.

8.6 Participants shall provide on demand, such evidence as the Promoter may reasonably require from time to time to substantiate any Claim(s) made by itself or its employee Individual Participants in relation to any aspect of the Program. This may include, without limitation, providing copies of sales invoices in order to confirm achievement of sales targets for particular incentives under the Program. The participant agrees to monitor regularly and inform the Promoter of any inaccuracy or irregularity.

8.7 The Promoter reserves the right to audit all Claims and Program Points, either directly or indirectly. Participants must cooperate and assist the Promoter with any such audit. In the event of any violation of these Terms and Conditions or misuse of the Program by the Participant, Participant shall be liable to the Promoter for an amount equal to the value of the applicable Program Points and associated costs that the Promoter incurs from such violation or misuse. Examples of the misuse of the Program, include, but are not limited to, intentional duplication of Claims and providing false information on a Claim.

8.8 The Promoter does not accept any responsibility for late or lost entries due to Internet failure, technical problems, or other causes. If any coding error or other cause (apart from deliberate action by the Promoter) leads to there being more Program Points awarded than stated on the Eligible Products list, Promoter reserves the right to re-value any Claims, Points, or Rewards already awarded and/or to suspend any element(s) of the Program. The Promoter will take all reasonable steps to avoid this situation.

8.9 If multiple Claims are submitted for the same Deal by different Participants, the successful Participant shall be the Participant/s who actually brings in the Deal according to the Promoter's Deal registration criteria and who is credited with the booking in the official Promoter system. Only one Claim per Deal will be accepted.

8.10 If the Promoter has any grounds to suspect that a participant may have cheated or supplied false or incomplete information for any aspect of the Program, the Promoter shall be entitled to suspend any applicable Program Points allocation pending its investigation.

8.11 The Promoter hereby reserves the right to make deductions from any Participant's account in the event of fraud by the Participant or if goods are returned for whatever reason.

8.12 Upon successful completion of Sales Rep Certificate, progression to higher levels is determined as follows:

Moving from Sales Rep to Sales Pro Eligible to start Sales Pro after one completed quarter has passed after acquiring Sales Rep Certificate. Zone's discretion to nominate PSRs to be automatically assigned to start Sales Pro as soon as the qualifying period allows.

Moving from Sales Pro to Sales Master - Eligible to start Master after two completed quarters have passed after acquiring Sales Pro Certificate. Zone's discretion to nominate PSRs to be automatically assigned to start Sales Master as soon as the qualifying period allows.

9 PROGRAM POINTS

9.1 Program Points will accumulate in the Participant's account until a redemption request is submitted.

9.2 The Promoter, may, at is sole discretion issue Program Points to Participants for actions other than Eligible Product sales.

9.3 The Promoter reserves the right to modify any limits on Program Points at its sole discretion and without prior notification.

9.4 Siemens may at any time introduce a quarterly, annual or program specific maximum Program Points that will be granted by the Promoter for any group of Deals or Training.

9.5 Program Points have no cash value.

9.6 Unused Program Points may not be redeemed for cash and may be deemed void upon the termination of the Program.

9.7 The Promoter will act reasonably should Program termination occur and will provide all Participants with the right to redeem their earned Program Points within a reasonable time-frame.

9.8 Program Points and accounts cannot be sold, traded, bartered, assigned or transferred to or shared with a third party or auctioned through an online auction site or otherwise.

9.9 Program Points, once redeemed for a Reward, cannot be returned, transferred, or re-used unless the Promoter refunds the points for a returned Reward.

9.10 Program Points will be allocated based on data provided to the Promoter.

9.11 The Promoter, nor its respective agents, will be liable for any uncredited, incorrectly tabulated, lost or misdirected Program Points. Upon allocation of Program Points by the Promoter to a participant account, the Promoter will not be responsible for point disbursement, including without limitation any failure of Individual Participant to further allocate Program Points according to actual sales, if applicable.

9.12 The Promoter reserves the right to invalidate Program Points if it determines, in its sole discretion, that such Program Points were improperly or incorrectly credited or obtained fraudulently. All allocations are subject to a final audit. The Promoter assumes no liability for discrepancies, omissions, inconsistencies or errors with respect to a Participant's account.

9.13 Subject to forfeiture or any expiration, Program Points will be maintained in Participant accounts until they are redeemed for items or until the termination of the Program, whichever shall first occur. The Promoter reserves the right to impose expiration dates on Program Points that remain unused as it determines in its sole discretion. Program Points accumulated through sales that are cancelled or purchases of items that are subsequently returned will be deducted from the Participant's account.

9.14 Points Balance Adjustments - Siemens reserves the right to make adjustments to incorrectly allotted points due to any cause by any party. If points have already been redeemed, a negative points balance may result.

9.15 Program points will not be retroactively awarded for any activities or behaviors completed prior to approved registration in the program. This includes revenue deals, training classes, completed sales certifications and any other activities eligible for program points.

9.16 All Program Points are set to expire no less than two years from the date of issuance if not redeemed. Points dated two years or more will expire on an annual basis on October 1.

10 MERCHANDISE REWARDS

10.1 General

10.2 Reward Catalog Merchandise

11 OVERLAY PROMOTIONS

11.1 As part of or in parallel to the Program, the Promoter may from time to time announce Overlay incentives, contests, or promotions where Participants can earn or win Points or prizes

11.2 The Promoter gives no warranty as to the number, type, or frequency of such Overlays. Some Overlays may be limited to particular countries, individual distributors or resellers, or types of Participants.

12 TERM AND TERMINATION

12.1 The Program starts on 1 October 2010 and shall continue until such time as the Promoter terminates or suspends it. The Promoter shall, except where not reasonably practicable, post notice of termination of the Program on the Program Website a minimum of one month prior to termination. The Promotion is not obliged to serve notice on the Individual Participant.

12.2 We reserve the right to:

12.3 The Promoter shall not be liable to you or any third party for the termination or suspension of the Website, or any claims related to the termination or suspension of the Program.

12.4 Upon termination of access to the Program by you or us, you must discontinue your use of the Website and destroy promptly any materials obtained from the Program and any copies thereof.

12.5 All Program Points accrued will be forfeited at the date of such termination.

12.6 The Promoter may suspend or terminate the Individual Participant's registration at any time without notice for any of the following reasons: (a) because of a dispute with the Individual Participant; (b) for late payment of charges of the Promoter's invoices; (c) for non-compliance by the Individual Participant or any of its staff with the rules of the Program, any contract with the Promoter or the rules of the Partner Program or any other applicable Promoter guides as published to employees; (d) in the event of cancellation or disruption of any contract with the Promoter; (e) if the Individual Participant contracts with a third party whom the Promoter considers to be a competitor; (f) a change in ownership or control of the Individual Participant; (g) for unreasonable delay in passing any order(s) through to the Promoter (in the case of distributors) or to distributors (in the case of re-sellers); (h) in the case of Individual Participants who are distributors, for exceeding mutually agreed order rejection rates; (i) pending investigation of a complaint raised against the Individual Participant or (j) for any other reason. If the Promoter suspends or terminates an Individual Participant's registration then that participant will no longer be eligible to participate in the Program, except that they will have 30 days in which to redeem any accumulated Program Points.

12.7 Individual Participants

13 SEVERABILITY

13.1 In the event that any provision of these Terms and Conditions is found by any court or competent authority to be invalid, unlawful, or unenforceable in any jurisdiction, such finding shall not affect the validity, lawfulness, or enforceability of that provision in any other jurisdiction and all remaining provisions of these Terms and Conditions shall remain in full force without being impaired or invalidated in any way. The parties agree to replace or amend any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The replacement or amendment provision may be limited and applicable only to specific jurisdictions.

13.2 All such information, services and materials are provided "as is" and "as available" without warranty of any kind.

14 LIMITATIONS OF LIABILITY

14.1 In no event shall the Promoter or its agents be liable for any losses or damages of whatsoever kind (including direct, indirect, incidental, consequential and punitive damages or loss of profit) arising out of access to, or the use of this Website, participation in the Program or the receipt, ownership or use of any item or reward, or from any typographical, printing. Mechanical, network, electronic, human or other errors that may occur in connection with the Program, including but not limited to, errors that may occur in connection with the administration of the Program, the redemption and accrual of Program Points, in these Terms and Conditions, the incorrect processing of Program Points or purchases, the acquisition or use of any item or reward, the incorrect tabulation of Program Points, any inaccurate or incorrect data contained on any website or in an account, whether or not in the contemplation of the parties.

14.2 No responsibility or liability is assumed by the Promoter for any technical problems or technical malfunction of any kind arising in connection with any of the following occurrences which may affect or interrupt the operation of the Program, including, but not limited to hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or telephone providers; garbled, jumbled or faulty data or purchase transmissions; failure of any email or telephone transmissions to be sent to or received; lost, late, delayed, garbled, damaged, misdirected, undelivered or intercepted email or purchase records; inaccessibility of any website or phone system in whole or in part for any reason; traffic congestion on the Internet or website or phone lines; unauthorized human or non-human intervention of the operation of the Program, including without limitation, human error, unauthorized tampering, hacking, fraud, theft, virus, bugs, worms; or destruction of any aspect of the Program or data thereof, including, without limitation, tampering of or hacking into the telephone lines, or loss, miscount, misdirection, inaccessibility or unavailability of an account used in connection with the Program.

14.3 The limitations of liability in this section shall apply to the maximum extent permitted by applicable law. Nothing in these Terms and Conditions shall exclude or limit the Promoter's liability for death or personal injury caused by negligence or for fraudulent misrepresentation.

15 RELEASE OF LIABILITY

15.1 YOU AGREE TO RELEASE, DISCHARGE, INDEMNIFY AND HOLD HARMLESS PROMOTER AND ITS AGENTS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES, AND LIABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES, OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR PARTICIPATION IN THE PROGRAM OR USING ANY FEATURES OR SERVICES OFFERED THROUGH THE PROGRAM.

16 INDEMNIFICATION

16.1 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PROMOTER AND ITS AGENTS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE (INCLUDING REASONABLE LEGAL FEES) RELATED TO YOUR BREACH OF THESE TERMS AND CONDITIONS OR ANY ACTIONS TAKEN BY ANY USER AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO, ACCRUAL OF POINTS, REDEMPTION OF POINTS, AND DISCLOSURE OF PASSWORDS TO THIRD PARTIES.

17 PROPRIETARY RIGHTS

17.1 All trademarks, copyright, database rights and other intellectual property rights in the materials on the Website (as well as the organization and layout of this website) together with the software code are either owned by or licensed to the Promoter.

18 DISPUTES

18.1 In the case of any dispute or interpretation of these Terms and Conditions, the decision of the Promoter's Vice President, Global Solution Partner Sales shall be final. No correspondence will be entered into.

18.2 In the case of any dispute or interpretation of these Terms and Conditions by Tier 2 Partners and Siemens Digital Industries Software Distributors, the Promoter's shall take no responsibility to settle. No correspondence will be entered into.

18.3 Siemens is not responsible for actions or mistakes that take place between Tier 1 and Tier 2 Partners. Therefore, Siemens is also not responsible for taking any role in any dispute resolution between those parties.

18.4 In no event shall the Promoter be liable for any indirect loss, consequential loss, loss of profit, loss of business or goodwill.

19 DATA PROTECTION

19.1 As required by Data Protection Law we follow strict security procedures in the storage and disclosure of information, which you have given us, to prevent unauthorized access. By law you have certain rights to check and correct personal data relating to you and to require personal data to be removed from our databases. Please contact us if you wish to exercise any of these rights.

19.2 Our privacy policy can be found on the Program Website. The terms of this privacy policy apply to all use of the Websites.

19.3 Opt out requests will be processed within a reasonable time but may not take effect immediately.

19.4 By using this Website and/or participating in the Program, You authorize Promoter to collect and use your personal information and to share it with affiliates and third parties it does business with for purposes of administering the Program, as set forth below:

20 ALTERATION OF TERMS

20.1 Promoter reserves the right to alter these Terms and Conditions at its sole discretion, including but not limited to alterations to reflect changes in the law. Any altered version of these Terms and Conditions shall be effective immediately and be posted on the Program Website.

20.2 Promoter may make improvements, revisions or changes to the information, services, products and other materials on the Program, including, without limitation the duration of the Program, the products through which you may earn Program Points, the number of Program Points that may be redeemed in the Program, and any of the options made available to you with respect to your account.

20.3 These revisions may be made at any time, without notice, even though these changes may affect your ability to use Program Points.

20.4 The altered Terms will be deemed accepted by any Partner or Individual Participant who subsequently takes any active step in participating in the Program.

20.5 No Promoter employee has the authority to interpret or alter the Terms of the Program, unless such interpretation or alteration is made generally and published to the Program site, or is provided in writing and signed by Vice President, Global Solution Partner Sales.

21 TRANSLATION

21.1 Translation of these Terms and Conditions in different languages may be published from time to time.

21.2 The English language version has legal precedence over all other versions.

22 PUBLICITY

22.1 Where any Reward is awarded to an Individual Participant in the Program, the Promoter shall be entitled to use their name, town and their employer's name in any publicity (except in the case of Individual Participants from France) and Individual Participants hereby agree to endorse or execute whatever documents are necessary.

23 MISCELLANEOUS

23.1 Promoter has the right to change the content or technical specifications of any aspect of the Website at any time at our sole discretion. You further accept that such changes may result in your being unable to access the Website.

23.2 Promoter's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

23.3 Save in respect of discontinued access or use and removal or destruction of materials, the provisions of these Terms and Conditions shall survive any termination of these Terms and Conditions as reasonably necessary to give effect to the provisions thereof.

23.4 Section headings in these Terms and Conditions are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

24 GOVERNING LAW

24.1 These terms and conditions shall be governed and construed in accordance with the applicable laws of the jurisdiction where the respective Participant is located.

25 ENTIRE AGREEMENT

25.1 These Terms and Conditions constitute the entire agreement between you and us in respect of your participation in the Program or use of the Program.

"Referrer" - Any Participant whose unique referral link is used by a coworker or colleague while registering in the Siemens Partner Rewards program.

"Registering Participant" - Any eligible Partner who has not yet enrolled in the Siemens Partner Rewards program but is referred and registered through the unique referral ink.

1. Referrers will receive 1,000 points for each valid colleague that registers with their referral. A maximum of 3 referrals or 3,000 points per participant per fiscal year will be accepted. The points will only be credited once the registering participant has activated their account.

2. Registering Participants must use the link sent to them by the Referrer to register for points to be accredited to the Referrer. It is the responsibility of the Referrer to make sure the Registering Participant uses their link upon registration to receive the points for the Referral.

3. Points cannot be traded or transferred. The Registering Participant must not already be a registered participant in the program for points to be credited to the Referrer. The Registering Participant must be deemed eligible for the program by the Zone Administrator for points to be credited to the Referrer.