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Partner Agreement Form
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Terms and Conditions
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I understand and agree to follow the Partner Agreement Obligations
Please read the Partner Agreement:
Partner Agrees to the following: Partner Rights: • Kaspersky Lab grants to Kaspersky Partner identified above, and the Partner accepts from Kaspersky, the non-exclusive, non-transferable rights to promote, advertise, market, license and use Kaspersky Security Products only in accordance with an approved Kaspersky Partner Program business plan. Kaspersky is granted a non-exclusive, non-transferable, royalty-free, license to use the Kaspersky Security Products solely for (i) its own internal use, and (ii) demonstration and training purposes, and only in accordance with the provisions of an approved Kaspersky Partner business plan. Any use of the Kaspersky Security Products not in accordance with the plan shall be grounds for immediate termination of the license by Kaspersky. Upon execution of this Agreement and approval of the Kaspersky Partner business plan, Kaspersky shall provide a link to Kaspersky partner to enable it to download the Kaspersky Security Products. Kaspersky Partner’s internal use shall be limited to the number of nodes as directed by Kaspersky. Kaspersky will provide a reasonable level of technical support to Kaspersky Partner at Kaspersky’s discretion. Kaspersky Partner may be required to agree to additional terms and conditions prior to being able to download the Kaspersky Security Products. Kaspersky Partner shall not: (i) reverse assemble, reverse compile, reverse engineer, translate, or otherwise attempt to reconstruct any Kaspersky Security Products, or attempt to derive or obtain any source code, structure, algorithms, process, technique, technology, know-how, or ideas embodied by, underlying, or contained in Kaspersky Security Products, except as express permitted by law without the possibility of contractual waiver; (ii) remove any product identification or proprietary rights notices from the Kaspersky Security Products; (iii) sell, sublicense, lease, rent, lend, distribute, transfer, or otherwise provide access to the Kaspersky Security Products to any third party except as expressly permitted by this Agreement; (iv) modify or create derivative works of any Kaspersky Security Products; (v) use the Kaspersky Security Products to provide service bureau, hosting services, or any sort of commercial information technology services to third parties; or (vi) use or copy Kaspersky Security Products except as expressly provided by this Agreement. Kaspersky Partner shall not permit or facilitate any other person or entity from taking any actions which Kaspersky Partner is prohibited from taking pursuant to this Agreement. Kaspersky grants only the licenses and rights specified in this Agreement. No other licenses or rights (including licenses or rights under patents) are granted either directly, by implication, or otherwise. Confidential Information: • Kaspersky Partner agrees that all software, confidential business and technical information, including all business and marketing plans, product descriptions, development schedules, product positioning, choices of product names, and financial data furnished to Kaspersky Partner by Kaspersky, or acquired by Partner from Kaspersky, represent and contain valuable trade secrets of Kaspersky and were developed at great effort and expense. The Kaspersky Partner agrees to hold all Confidential Information in the strictest confidence, and will not make use of this information except as permitted by Kaspersky. Kaspersky Trademarks and Logos: • Kaspersky makes available marketing materials developed for use by Kaspersky Partner. Any marketing and advertising materials prepared by a Kaspersky Partner must be submitted for Kaspersky's approval prior to public release. • The Kaspersky Partner agrees not to seek trademarks or Domain Name registrations on any trademarks or domain names confusingly similar to Kaspersky trademarks or domain names. • Kaspersky Partners will have the right to use the Kaspersky Lab® and the Partner Program identity logo for pre-approved joint marketing activities. • Partner agrees it will not alter the color or configuration of any images of Kaspersky Partner Program logo. • Sales and Technical accredited Kaspersky Partner’s have the right to use the Sales and Technical Kaspersky University logos after completing the required training. Kaspersky Partner Program: • Kaspersky Partner grants Kaspersky the right to use a Partner’s logo, mark and/or name with respect to a specific advertisement, promotion or other marketing event that refers to Partner without referencing any other Kaspersky Partner Program members. • Kaspersky Partner agrees to meet the Kaspersky Partner Program minimum levels of training and revenue generation for participation as a Kaspersky Partner Registered, Silver, Gold or Platinum Partner. • Kaspersky Partner agrees to display their Kaspersky Partner Program plaque visibly within their headquarters location. • Kaspersky Partner agrees to represent Kaspersky and our joint Kaspersky Partnership at marketing events with appropriate logos, signage, table and/or booth materials provided and in a professional manner at all times. • Kaspersky Partner agrees to prominently display Kaspersky logo and Kaspersky information on Partner website. • Kaspersky Partner agrees to access and utilize the Kaspersky Partner Portal to find information about all Kaspersky Partner requirements, tools, and promotions. • Kaspersky Partner agrees that any and all joint marketing materials, including signage, documents, email, “premium giveaways”, success stories, etc will be reviewed by Kaspersky before use by Kaspersky Partner. Partner Branding, Communication and PR: • Kaspersky Partner agrees to provide Kaspersky both a black and white and a color version of their company logo in the following 3 formats: o Hi resolution – eps, jpg and gif • Kaspersky Partner agrees to opt-in to receive communications including Kaspersky newsletters, news flashes and general emails on a regular basis. • Kaspersky Partner agrees to create and participate in joint press releases promoting our partnership. • Kaspersky Partner agrees to help development news worthy co-branded success stories and testimonials. • Kaspersky Partner agrees to help secure end-user quotes that can be used for joint promotion. Kaspersky University Training: • Kaspersky Partner agrees to fully participate in the “fast start” partner on-boarding training. • Kaspersky Partner agrees to become Kaspersky sales accredited and/or Kaspersky technical accredited via the required Kaspersky University on-line training courses. • Kaspersky Partner agrees to participate in live and/or replay webinars to learn about Kaspersky security solutions. • Kaspersky Partner agrees to leverage advanced training where appropriate for knowledge transfer to help them sell. Sales: • Kaspersky Partner agrees it will use its best efforts to promote the sale and use of Kaspersky security products and solutions. • Kaspersky Partner agrees they will engage with Kaspersky Field Sales alignments to work opportunities for prompt closure. • Kaspersky Partner agrees to participate in the following business reviews with Kaspersky: o Yearly, Quarterly, Monthly, Mid-year status/review, Kick-off planning, Demand generation & marketing planning. • Kaspersky Partner agrees to provide Kaspersky monthly sales pipeline opportunity information. • Kaspersky Partner agrees to register their net new deals through Kaspersky Deal Registration available at the Partner Portal. Technical Support: • Kaspersky Partner agrees to utilize the partner 800 number for technical support from Kaspersky. • Kaspersky Partner agrees they will purchase Kaspersky software solutions via a contractual relationship with one of Kaspersky’s Distribution Partners. Kaspersky Agrees to: • Keep the Kaspersky Partner updated on the latest news and information about Kaspersky on a regular basis. • Provide security solutions information from analyst and security experts on a regular basis. • Provide training classes for our software products, conducted at a location and in a format appropriate by program level as determined by Kaspersky. • Provide the Kaspersky Partner, at no charge, a reasonable number of software products for demonstration and use. Available via our self-service download. • Provide the Kaspersky Partner with a reasonable supply of literature, marketing information and user documentation. • Keep any and all proprietary information private between Kaspersky Partner and Kaspersky. • Work and plan with Kaspersky Partner to maximize their revenue and profit goals. • Keep Partners in Profitability as a key theme of our partnership. • Provide access to Sr. level Executives at Kaspersky and ensure two-way on-going communications. Kaspersky Partner’s Liability: In addition to damages for which Kaspersky Partner is liable under applicable law or the terms of this Agreement, Kaspersky Partner will indemnify Kaspersky for claims made against Kaspersky by any third party arising out of Kaspersky Partner’s conduct under this Agreement or as a result of Kaspersky Partner’s relationship with any third party, including without limitation any claim based on representations, statements, claims or warranties not authorized by Kaspersky Partner. Term and Termination: The term of this Agreement shall begin when executed by both of the parties and continue until terminated. Termination of Agreement. Either party may terminate this Agreement for convenience upon thirty (30) days advance written notice. Either party may terminate this Agreement for cause upon written notice to the other party: (i) if the other party materially breaches this Agreement, provided that the other party is given written notice of its breach and reasonable time to cure the breach; (ii) for repeated material breaches of this Agreement by the other party; or (iii) if a party becomes insolvent (generally unable to pay its debts as they become due) or the subject of a bankruptcy, conservatorship, receivership, or similar proceeding, or makes a general assignment for the benefit of its creditors. Effects of Termination. All rights of Kaspersky Partner under this Agreement shall immediately cease upon termination of the Agreement and Kaspersky Partner shall immediately cease use of all Kaspersky material, including but not limited to Kaspersky Security Products, marketing material and Kaspersky trademarks. Kaspersky Partner agrees that Kaspersky’s only obligation to Kaspersky Partner regarding notice of termination is to provide the notice called for in this paragraph and Kaspersky is not liable for any claims against Kaspersky Partner or losses Kaspersky Partner may incur if Kaspersky Partner terminates this Agreement with no additional notice. I clearly understand and accept the above agreement obligations and desire to continue my Kaspersky Partner Program Application
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