These terms and conditions (the “Terms”) describe the benefits, criteria, conditions, requirements and rules of membership and participation in the Dell Experts Network (the "Network"). The Network is administered and managed in Australia by Dell Australia Pty Limited of Level 4, 207 Pacific Highway, St Leonards NSW 2065, Australia (“Dell”). By registering and participating in the Network, you agree to these Terms, which may be updated from time to time without prior notice. Dell reserves the right to modify or discontinue the Network at any time and for any reason.
The Dell Experts Network was created to reward and educate IT Consultants and Service Providers (“Network Members”) who refer their customers to Dell or purchase from Dell directly, in their own name. Network Members are eligible for rewards on qualifying purchases and have access to dedicated sales support on Dell technology, products and services. These Terms apply to all Network Members who participate in the Network in Australia.
The Dell Experts Network and associated benefits are available only to individuals who meet the criteria for Network membership as defined by Dell in its sole discretion. To qualify for the Network and Network benefits as a Network Member, you must be an individual professional who provides information technology consultancy services to individuals or legal entities in the private sector with up to ninety-nine (99) employees (“Small Business Customers”). To participate, you must accept these Dell Expert Network Membership Terms. If you meet the Network requirements, Dell will enroll you in the Network and you will receive a welcome email confirming your acceptance to the Network.
The following categories are ineligible for Network membership:
If Dell determines that you fall into one of the above categories or that you have otherwise violated these Terms, your Network membership may be immediately terminated, and you will not receive any benefits or Rewards related to the Network. In the event that Dell cancels your membership due to a violation of these terms or other actual or reasonably suspected misconduct, Dell reserves the right to invalidate any Rewards earned prior to termination.
If you are accepted into the Dell Expert Network, and for as long as you remain eligible for Network participation, you will receive three percent (3%) in rewards in local currency dollar value (“Rewards” or “Network Rewards”) for every qualifying purchase that you place with Dell, calculated against the total invoice price (inclusive of GST). Your Rewards total will be communicated to you by your DEN Account Manager once per quarter. Rewards will be valid for a period of two (2) years, and you must contact your DEN Account Manager within this time to have your rewards issued. Rewards coupon will expire ninety (90) days from the date of issue. Those Rewards may be used toward the purchase of subsequent Offline and Online purchases directly from Dell.
Rewards are subject to a quarterly cap, as described below. The cap is determined by Dell in its sole discretion and may vary from quarter to quarter.
Rewards will not be issued for purchases for which Dell does not receive timely payment, or that are returned for a refund. Rewards earned as part of the Dell Expert Network are separate and in addition to any rewards earned by the Network Member on its own purchases as a member of any other Australia applicable Dell loyalty or rewards program.
Rewards will be rounded down to the nearest dollar where there is a partial value, e.g., a Network Member will earn and receive 3% in rewards in a qualifying purchase of AUD ($2,395), which would be converted to 71.85 Rewards, however the Network Member will receive 72 Rewards after the value will be rounded up or down to nearest whole number.
Rewards are also subject to a quarterly rewards cap of fifteen thousand points (15,000/ AUD ($15,000) (1 point = $1 local currency) (the “Rewards Cap”). Once the cap is met, your remaining purchases during the quarter will not be eligible for Network Rewards. Dell reserves the right to change this Rewards Cap at any time. In the event that the Rewards Cap is modified, these Terms will be updated and notice will be provided to existing Network members with effect in thirty (30) days.
Subject to the Rewards Cap and to Dell having both invoiced and received payment from your Small Business Customer for the relevant qualifying purchase, Rewards will be communicated to you once per quarter, and will be issued to you upon demand.
Dell Fiscal Calendar:
The fiscal quarters shall be three (3) month periods being February 1 of each year (Feb, Mar and Apr = Q1, May, Jun and Jul = Q2, Aug, Sept and Oct = Q3, Nov, Dec and Jan = Q4).
When you wish to make a purchase redeeming your Rewards, please contact your DEN Account Manager. Reward coupons are issued at a minimum of 50 points/AUD ($50) (1 point = $1 local currency) in local currency and can be redeemed online or offline via your DEN Account Manager. The basket value must be greater than AUD ($50) in local currency to use your Rewards. You need to pay the difference through normal Dell payment methods. Rewards may not be used in conjunction with other Dell promotional coupons. You are entitled to redeem your Rewards against the Dell promotional price.
In addition to being eligible for Rewards, Network Members may receive complimentary access to courses on Dell products and services, courses from Dell Partners, and will have the assistance of a dedicated account manager who will serve as a single point of contact regarding Network membership and rewards. Network Members may also be provided additional advantages from time to time, such as participation in events, campaigns, access to the Dell Solutions Center and special offers.
You may recommend membership of the Network to other IT consultants and service providers. If such recommendation results in a new member being successfully accepted into the Network, you will receive a coupon to the value of AUD ($150) in local currency, which you can use for purchases on www.dell.com.au (excluding Dell Outlet store). The coupon will be sent to you via email and will be valid for a period of ninety (90) days from the date of issue. In order to qualify for the coupon, you must send an email to Dell_Experts_ANZ@Dell.com with the potential new member copied-in, stating that you are referring a potential new member who may wish to become a member of the Network. Coupon terms and conditions apply.
Dell agrees to grant the Network Member a limited, revocable, non-assignable, non-sublicensable, royalty free, non-exclusive license to use its name, logo, and trade and service marks (the “Dell Marks”) for the purpose of accurately identifying the Dell Products and related services and describing the Dell Experts Network to Small Business Customers in accordance with these Terms. Network Member must obtain prior written approval from Dell for all uses of Dell’s Marks. The Network Member agrees to preserve and respect the value and integrity of the Dell logo and any other Dell trademarks, and comply with all Dell brand, trademark and logo guidelines. The Network Member shall change or correct, at its’ expense, any material or activity that Dell decides is inaccurate, objectionable, misleading, or a misuse of the Dell Marks. Except as provided herein, the Network Member shall not register or use any domain name or business name containing or confusingly similar to any Dell name or mark. Network Member acknowledges and agrees that it shall have no rights whatsoever in any of the Dell Marks other than the rights set forth in these Terms. Nothing in these Terms or otherwise will be deemed to grant to the Network Member an ownership interest in the intellectual property rights in Dell Marks, Products or services, in whole or in part.
In no event shall Dell be liable or responsible to a Network Member for any incidental, indirect, special, or consequential damages whatsoever, even if Dell has been advised, knew of, or should have known of the possibility thereof, to the maximum extent permitted by law. In no event is Dell liable for lost income, revenue, or profits, loss of business opportunity, loss of good will or reputation, lost or corrupted data or software, business interruption, or procurement of third-party products or services, to the fullest extent permitted by law. Dell’s total liability under this agreement shall not exceed the amount of the Rewards paid by Dell in respect of qualifying purchases placed by the Network Member during the twelve (12) months preceding any claim.
You will indemnify, defend, and hold Dell harmless from any third-party claim arising from or related to (i) your representations, warranties or omissions; (ii) alleged or actual negligence or violation of applicable law; or (iii) death, bodily injury, or property damage to a third-party actually or allegedly caused in whole or in part by your actions or omissions. You will not settle any claim under this section without Dell's prior written consent, such consent not to be unreasonably withheld.
Information exchanged in connection with the Network that is not generally known to the public, whether or not it is expressly designated as confidential or which, due to the nature of the information or the circumstances surrounding its disclosure, should reasonably be understood to be confidential (“Confidential Information”), may only be disclosed to an associate of a [Member] on a “need-to-know” basis and shall be reasonably protected against disclosure to third parties. The receiving party shall be liable to the disclosing party for disclosures by its or its personnel, associates or advisors. The Parties’ obligations to protect Confidential Information shall survive the expiration or earlier termination of these Terms for three years.
These Terms shall be governed by the laws of New South Wales as appropriate. To the extent permitted by law, the courts of New South Wales as appropriate will have exclusive jurisdiction over any disputes arising out of or in connection with these Terms, the Network and your access to and participation in the Network.