1. Objective of Guidelines
1.1 The purpose of these Guidelines is to set out the applicable terms and conditions, criteria, requirements and rewards relating to the Dell Experts Program ("Program").
2. Administration of the Program
2.1 The Program is administered and managed in Australia by Dell Australia Pty Limited of Building 3, 14 Aquatic Drive, Frenchs Forest NSW 2086, Australia (“Dell”).
2.2 These Guidelines apply to all IT Consultants who participate in the Program in Australia.
The following terms shall have the meanings ascribed to them unless the context dictates otherwise:
“Dell Affiliate” means a direct or indirect subsidiary of Dell Inc.
“Dell Fiscal Year” means Dell's fiscal year, commencing on 1 February and ending on 31 January of the following year.
“End Customer” means any individual, or legal entity that has less than 100 employees and operates in the private sector, that directly orders and purchases from Dell Products and/or Services for its own internal end-use (and not for resale, distribution or sub-licensing to others).
“IT Consultant” means any individual self-employed professional who is an Australian resident, or legal entity with less than 100 employees that operates in the private sector, that provides information technology consultancy services or technical information technology consultancy services to persons.
“Personal Information” has the same meaning given to that term in the Privacy Act 1988 (Cth).
“Points” mean any points accrued by the IT Consultant through a recommendation of Products and/or Services to an End Customer.
“Privacy Laws” means the Privacy Act 1988 (Cth), including the Australian Privacy Principles set out in Schedule 1 of the Act and all applicable laws and regulations relating to the processing of Personal Information, as in force from time to time.
“Products” means any Dell branded product or Dell owned product provided by Dell or a Dell Affiliate which Dell nominates to be included in the Program.
“Rewards” means any rewards or benefits that an IT Consultant can redeem if it reaches the requisite points corresponding to a qualifying Product or Service included in the Program.
“Services” means any services provided by Dell or Dell’s subcontractors for the Products, including support and maintenance services, which Dell nominates to be included in the Program.
4. About the Program
4.1 The Program is designed to reward IT Consultants for recommending Dell Products and Services to End Customers.
4.2 In addition to receiving Rewards as part of the Program, IT Consultants may have access to courses relating to Dell or its products and services. IT Consultants may also rely on technical assistance and expertise from Dell representatives regarding Dell’s products and services.
5. Eligibility for the Program
5.1 In order to be eligible for the Program, a participant must be an IT Consultant, as that term is defined in these Guidelines, and satisfy any additional criteria as determined by Dell in its sole discretion.
5.2 The IT Consultant must complete the registration process on the dedicated Program site and/or by telephone with a Dell sales representative. If the IT Consultant meets all of the criteria stipulated for the Program, an email will be sent by Dell to the IT Consultant to confirm Dell’s approval of the IT Consultant to participate in the Program.
5.3 By participating in the Program, the IT Consultant agrees to comply with the terms and conditions of these Guidelines and any additional terms and conditions that may be provided by Dell to the IT Consultant from time to time.
5.4 The following persons will not be eligible to participate in the Program:
(i) any entities, or employees of entities, that participate in the Dell EMC PartnerDirect Program or any other resale program of Dell or any Dell Affiliate;
(ii) any entities, or employees of entities, that distribute, resell or sub-license any Dell products and/or services to End Customers;
(iii) any individuals or entities that provide support or services to an IT department of a public or private sector organisation; and
(iv) any entities whose primary business is the resale of IT products and/or services.
5.5 If, for any reason at any time, Dell becomes aware that any IT Consultant participating in the Program falls into any of the categories listed in 5.4, Dell may immediately terminate the IT Consultant's participation in the Program (regardless of any approvals that may have already been provided by Dell to the IT Consultant). Upon termination of the IT’s participation in the Program, the IT Consultant will forfeit any of its Points and Rewards.
6. Rewards Score
6.1 The IT Consultant's score for the sole purpose of redeeming Rewards will be equivalent to 1 point for each 1 dollar an End Customer spends on Products and/or Services.
7. How to Earn Points and Rewards
7.1 In order to receive the Rewards, the IT Consultant must accrue points by: (a) recommending the Products and/or Services to an End Customer; and (b) the End Customer subsequently purchasing the Products and/or Services directly from Dell.
7.2 The IT Consultant will earn and receive Points for each Product and/or Service order and purchase made by the End Customer directly with Dell that originates from a recommendation made by the IT Consultant to the End Customer. The IT Consultant may also earn and receive Points in relation to Products and/or Services it orders and purchases directly from Dell for its own internal end-use. Each dollar spent by an End Customer or the IT Consultant (as may be the case) will count as one point in the Program. Cents will not be included as part of the total amount of Points accrued by the IT Consultant. For example, if the IT Consultant’s recommendation to the End Customer generates a sale by Dell of a Dell notebook product in the amount of AUD$ 2,400.50, the IT Consultant will earn and receive 2,400 Points.
7.3 The IT Consultant will only earn the Points after Dell issues an invoice to the End Customer or IT Consultant for the Products and/or Services ordered. The IT Consultant will receive Points once payment for the Products and/or Services ordered has been made by the End Customer or the IT Consultant (as may be the case) directly to Dell and received by Dell (“Qualifying Purchase”).
7.4 If the IT Consultant recommends to an End Customer any Products or Services, or the End Customer or IT Consultant purchases any Dell Products or Services for its own end-use, via another channel outside of the Program (including but not limited a Dell authorised reseller or retailer, Dell Premier website, Dell Commercial Sales team or Dell Factory Outlet), the IT Consultant will not be entitled to earn and receive Points on such recommendations and purchases.
7.5. Dell reserves the right in its sole discretion to reverse or cancel any Points and Rewards if: (a) the Qualifying Purchase is not properly executed or is fraudulent or invalid for any reason; or (b) any Points are acquired fraudulently, corruptly or illegally.
7.6 If the IT Consultant wishes to change or vary any order of Products and/or Services that are assigned Points, the IT Consultant must telephone the Dell Experts Program team to request the change or variation. The Dell Experts Program team representative will notify the IT consultant which Products and/or Services may be available and whether any Points will be changed for any alternate or substitute Products and/or Services.
7.7 Any rewards received by IT Consultants through Points accrued from the Program are intended solely for IT Consultant's own use and may not be resold, licensed, leased, traded or used for commercial purposes under any circumstances.
7.8 Any Points accrued by each IT Consultant are personal, non-transferable, and may not be assigned to other Program participants or to any third parties.
7.9 Points may not be sold, donated, assigned, or in any way alienated or encumbered, and are not subject to succession by inheritance. In the event of the death of a participating IT Consultant, the deceased IT Consultant’s participation in the Program will be automatically terminated and any Points available in the account will be forfeited.
7.10 If Dell becomes aware that any IT Consultant is in breach of any obligations or terms and conditions contained in these Guidelines and/or does not meet the requirements of the Program, Dell reserves the right in its sole discretion to immediately terminate the IT Consultant’s participation in the Program and cancel the IT Consultant’s Points and Rewards.
7.11 If requested by Dell, the IT Consultant must verify its compliance with these Guidelines prior to receiving any Points or Rewards. The required verification will be in a form determined by Dell in its sole discretion.
8. Inactive Account
8.1 If an IT Consultant does not make any recommendations that result in a final End Customer purchase for Products or Services within any given period of 12 months, the IT Consultant will be classified as inactive and its Points will expire within 15 days of the end date of the 12 month period. If the IT Consultant is interested in re-joining the Program, the IT Consultant will be required to contact a Dell sales representative.
9. Portfolio of Products, Services & Rewards
9.1 The Rewards cannot be exchanged in any way for cash or any other product or service other than those specifically selected by Dell.
9.2 Dell may change the nominated portfolio of Products and Services or Rewards included in the Program at any time without any prior notice to, or agreement by, the IT Consultants.
10.1 When doing any act or engaging in any practice in relation to Personal Information of End Customers, the IT Consultant must comply with its obligations under the Privacy Laws if applicable.
10.2 The IT Consultant must limit its access to or use of Personal Information of End Customers to that which is necessary to comply with its obligations under these Guidelines, the Program or any applicable laws.
10.3 The IT Consultant must take all necessary steps to protect any Personal Information of End Customers to which it has access against unauthorised use, destruction, loss, alteration, disclosure and access.
10.4 The IT Consultant must, upon request by Dell, provide Dell with details of its policies, systems and processes it has in place to ensure compliance with its obligations hereunder.
11.1 Dell will not be liable or responsible for any lost or misdirected Points due to circumstances beyond its reasonable control, including due to technical failure or otherwise, or any delays or failures in any telecommunications services or equipment.
11.2 The IT Consultant is prohibited from using any Dell trade marks or logos, referring to itself as an authorised provider, agent, contractor, reseller, distributor or licensor of Dell or its products or services, or creating the impression that Dell is affiliated with it, other than as expressly permitted in writing by Dell. Except for the authorisation by Dell for the IT Consultant to recommend the Products and Services in accordance with these Guidelines, the IT Consultant must not claim or imply that it and Dell are legal partners or that Dell has sponsored, authorised, approved, or endorsed the IT Consultant’s business or any offer or marketing, advertising or promotion from the IT Consultant’s business in any manner.
11.3 All right, title and interest in and to the intellectual property rights of Dell and any Dell Affiliate (“Dell IP”) belong solely and exclusively to Dell and the respective Dell Affiliate or their licensors. Nothing in these Guidelines will be deemed to grant the IT Consultant any ownership interest in any of the Dell IP in or to any Products or Services, in whole or in part.
11.4 The IT Consultant represents and warrants to Dell that it will not disparage Dell or do anything else which is likely to bring the reputation or good standing of Dell or its products, services or business into disrepute.
11.5 The Program may be modified, suspended, cancelled or terminated by Dell at its sole discretion at any time and for any reason. In the event the Program is cancelled or terminated, IT Consultants who present sufficient Points for redemption of any Rewards may forward the request by email to the Dell Experts Program team within 15 days after the termination date of the Program.
11.7 To the maximum extent permitted by law, Dell will not be liable for loss or damage whatsoever which is suffered by the IT Consultant (including but not limited to indirect or consequential loss), or for personal injury suffered or sustained, as a result of the IT Consultant participating in the Program or using any of the Rewards.
11.8 The IT Consultant shall fully indemnify and hold harmless Dell, its employees, agents and contractors from and against any claims, losses, damages and expenses arising out of or in connection with: (a) any breach of or non-compliance with these Guidelines by the IT Consultant or its employees, agents or contractors; (b) any fraudulent, negligent or wilful act or omission by the IT Consultant or its employees, agents or contractors; and (c) any false or inaccurate representation by the IT Consultant or its employees, agents or contractors regarding the Program or Dell’s products or services.
11.9 Any changes to these Guidelines will be published at this page, and it is the responsibility of the IT Consultant to keep abreast and informed of such changes.
11.10 The IT Consultant must not assign or otherwise transfer any of its rights or obligations under the terms and conditions of these Guidelines, whether in whole or in part, without the prior written consent of Dell.
11.11 If any terms and conditions of these Guidelines is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other terms and conditions and the remainder of the terms and conditions in question will not be affected.
11.12 No failure or delay on Dell’s part in exercising any power or rights under the terms and conditions of these Guidelines operates as a waiver, nor does any single or partial exercise of any power or right preclude any other or further exercise, or the exercise of any other power or right.
11.13 The terms and conditions of these Guidelines are governed by the laws of New South Wales and the parties submit to the exclusive jurisdiction of the courts of New South Wales.