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The Lenovo Influencer Program for Lenovo Solution Partner-Resellers
(Lenovo Resellers) and Registered Partners is designed to reward the
marketing efforts of Lenovo Resellers and Registered Partners who can
earn fees from Lenovo when eligible end user customers (commercial,
public sector or education end user customers) purchase eligible
Lenovo Products directly from Lenovo at prices and terms established
by Lenovo.
Who is eligible?
o Lenovo Solution Partner-Resellers and Registered Partners
Where is this Available?
o In the United States, Puerto Rico or United States Territories
AT A GLANCE
o Description: Earn fees for influencing End Users to purchase
Lenovo product(s) directly from Lenovo when the Lenovo Solution
Partner-Reseller's or Registered Partner's Location ID (LOCID) is
included on the End User purchase order.
o Eligible Participants: Lenovo Solution Partner-Resellers and
Registered Partners
o Eligible Products: Lenovo ThinkPad(R) Notebooks, ThinkCentre(R)
Desktops, ThinkVision(R) Products, ThinkPlus Services, PC Options,
Think TopSeller and Lenovo 3000 Products. Neoware Thin Clients
and Third Party Vendor Logo Hardware Options are also eligible.
o The Influencer program requirements for Lenovo Solution
Partner-Resellers and Lenovo Registered Partners are fully
described in their applicable announcement letters
ADDITIONAL INFORMATION/CONDITIONS
Fee Payments
Fee Payments are calculated based on the published fee schedule. Fees
range from 1% to 6% of the net End User sales price, depending on
products sold and discount off of list. For configured products,
Lenovo calculates the overall discount off list based on the
component parts, and applies the fees according to the fee schedule
for the main system unit.
Direct Pricing
Lenovo is responsible to provide approved End User direct pricing.
Lenovo Solution Partner-Reseller and Registered Partners must call
the Lenovo sales teams to determine the approved End User Pricing for their
End Users.
Key Process Step
Market Lenovo products and influence the End User to purchase
directly from Lenovo. Engage Lenovo sales teams to obtain approved
direct pricing/products. Ask End User to include your LOCID on the
purchase order submitted to Lenovo. Fee payments processed by Lenovo
and paid in month following the invoice month.
Other
The spirit of the program is to incent the Lenovo Solution Partner-Reseller
and Registered Partner to bring incremental End User to Lenovo where the
End Users are not current direct customers of Lenovo or in which another
Lenovo Solution Partner-Reseller or Registered Partner has already been
engaged via the Lenovo Influencer Program.
TERMS AND CONDITIONS
Lenovo Solution Partner-Resellers are eligible to participate in this
offering under the terms of the announcement letter for the Lenovo
Influencer Program for Lenovo Solution Partner-Resellers,and the Lenovo
Partner Network Agreement.
When a Lenovo Registered Partner participates in this program
offering by referring a customer to Lenovo to buy Lenovo products or
by receiving any benefits under this program, such participation is
the Lenovo Registered Partner's agreement to the terms and conditions
of this program offering as described in the announcement letter for the
Lenovo Influencer Program for Lenovo Registered Partners.
Participation under this offering may be limited by Lenovo to
specific states, agencies and/or Lenovo Government contracts.
ELIGIBLE END USERS AND GOVERNMENT CONTRACTS
An eligible Commercial End User is anyone not part of your enterprise
who acquires products for their own use and not for resale.
An eligible Public Sector End User is a publicly funded organization,
or a private educational institution. Publicly funded organizations
are administered by elected officials or appointed administrators,
and include State governments (departments, commissions, authorities,
districts), County governments (departments, courts), City
governments (towns, townships, boroughs), Special districts (water,
sewage, fire protection), and Public schools (systems, districts,
state institutions of higher education), and Federal government
agencies. Privately owned or controlled public service organizations
such as utility companies, hospitals and research institutes are not
eligible Public Sector End Users.
This program may be used with selected Lenovo Government Contracts
(where Lenovo has a current pre-existing procurement vehicle, such as
a term or schedule contract, with the government entity), and Lenovo
Open Market Purchases (purchases made by a government entity that are
not under an Lenovo Government Contract) and is void where prohibited
by law.
The following End Users and Lenovo Government Contracts are EXCLUDED
from the Lenovo Influencer Program for Lenovo Solution Partner-Resellers or
Registered Partners. Fees under the this program will not be paid to Lenovo
Solution Partner-Resellers or Registered Partners for marketing to the
following End Users and Lenovo Government Contracts:
o New York Metropolitan Transit Authority
o Students, Faculty and Staff of Educational Institutions
o State and Local Government of Indiana
o State of Indiana, Public and Private Education
o Kentucky Education Technology Systems (KETS) Contract for sales to
K-12 school districts
o Commonwealth of Kentucky IDU (Instructional Device Upgrade)
Contract
Lenovo reserves the right to add or delete any End User or Lenovo
Government Contract to the exclusion list at any time. Unless
otherwise specified by Lenovo any End Users or Lenovo Government
Contracts added to the exclusion list will be effective the date of
the revised exclusion list.
ELIGIBLE SALES AND ORDERS
Eligible sales are:
1. made directly by Lenovo to the End User, using an ordering process
specified by Lenovo and
2. in which the End User includes the Lenovo Solution Partner-Resellers or
Registered Partners unique Lenovo Location Identification code (LOCID) on each
individual order.
Fees will not be paid to Lenovo Solution Partner-Resellers or Registered Partners
acquiring Lenovo Products for their internal use. Only purchases made by unaffiliated
End Users are eligible under this offering. Purchases must be ordered
by the End User and billed to the End User. The End User must place
the final order for the Product. End Users may lease their
equipment - see Third Party Financing section below for LOCID
requirements.
Pricing
Participants are only authorized to quote to the End User the
products and pricing specified by Lenovo for the End User or
Contract. Lenovo retains the right to offer special bid pricing to
any End User who orders from Lenovo whether or not the Lenovo
Registered Partner has requested the pricing, and any such special
bid pricing will void eligibility for the fees if not approved in
advance. Therefore, all orders with special bid pricing (versus
Lenovo sales teams' standard delegation and/or approved direct
contract pricing such as WSCA (Western States Contract Alliance), GSA
(General Services Administration), etc., must be approved for this
program prior to any End User price quotation and/or order placement
or fees will not be paid for such orders.
Participating Lenovo Solution Partner-Resellers or Registered Partners must
contact the responsible Lenovo customer representative for current pricing
and products prior to submitting any commercial or public sector
customer quote to the End User.
ADDITIONAL TERMS AND CONDITIONS
Provided all terms and conditions are satisfied, Lenovo Solution Partner-Resellers
and Registered Partners are only entitled to compensation for orders Lenovo accepts
during the term of the Lenovo Influencer Program for Lenovo Solution Partner-Reseller or
Registered Partners.
Products sold through the Lenovo Influencer Program for Lenovo
Solution Partner-Reseller or Registered Partners for which a fee is paid,
are not eligible for other Lenovo rebates or marketing programs.
The Lenovo Solution Partner-Reseller or Registered Partner will be required to reimburse Lenovo
for fees paid if for any reason the Product is returned to Lenovo.
If for any reason Lenovo overpays a Solution Ppartner-Reseller or a Registered Partner, the Lenovo
Solution Partner-Reseller or Registered Partner agrees to reimburse Lenovo the overpaid amount.
Lenovo will periodically reconcile amounts paid to a Lenovo Solution Partner-Reseller or
Registered Partner to amounts actually earned. Lenovo may withhold
future fees earned for any reimbursements owed Lenovo. Lenovo may
deduct amounts due Lenovo from future payments Lenovo makes to the
Lenovo Solution Partner-Reseller or Registered Partner, or ask the Lenovo
Solution Partner-Reseller or Registered Partner to pay amounts due Lenovo.
Lenovo may recover fees paid to a Lenovo Solution Partner-Reseller or Registered Partner for an
amount equal to Lenovo's loss or damage Lenovo suffers as a result of
the Lenovo Solution Partner-Reseller's or Registered Partner's breach of the terms of this program
offering.
Lenovo may suspend the payment of fees to a Lenovo Solution Partner-Reseller or Registered Partner
pending legal, financial or contract compliance issues.
Fees will not be paid under the following circumstances:
o Lenovo decides not to accept the order (for example, if the End
User's credit is inadequate)
o the order does not include a valid LOCID
o the End User cancels the order
o the End User returns the Product to Lenovo
o when Lenovo brings in the Lenovo Registered Partner or Lenovo
Solution Partner-Reseller to assist with the opportunity
o when any special bid pricing is not approved in advance for the
Lenovo Influencer Program for Lenovo Solution Partner-Resellers or Registered Partners prior to
End User price quotation or order placement
o when the Lenovo Solution Partner-Reseller or Registered Partner identifies and RFP or RFQ and
submits the lead to Lenovo
The Lenovo Solution Partner-Reseller or Registered Partner must:
o disclose to End User that the inclusion of a LOCID on the order
will result in a fee payment to them
o cooperate with Lenovo in fulfilling any requirements of the End
User
o distinguish between those activities it performs on its own behalf
and those it performs on Lenovo's behalf
o assist Lenovo upon our request in the collection of the accounts
receivable for Products for which the Lenovo Solution Partner-Reseller or Registered Partner
earned a fee.
o provide to Lenovo, if requested in writing, records it keeps in
the normal course of business, relating to recommendations made
which resulted in an End User's acquisition of Lenovo Products for
which Lenovo paid a fee.
o not submit an RFP or RFQ response (as the submitting vendor) and
include Lenovo direct End User pricing on behalf of Lenovo
Liability
Circumstances may arise where, because of a default or other
liability, one of us is entitled to recover damages from the other.
In each such instance, regardless of the basis on which damages can
be claimed, the following terms apply as your exclusive remedy and
our exclusive liability.
Lenovo is responsible for the amount of any actual direct loss or
damage arising from our negligence or breach of this program
offering, up to the total amount due under this program offering.
Under no circumstances (except as required by law) is Lenovo, its
subcontractors or Program developers, liable for third-party claims
against a Lenovo Solution Partner-Reseller or Registered Partner, even
if informed of their possibility, or for any claims of loss of, or damage
to, data or for special, incidental, or indirect damages, economic consequential
damages, lost profits, business, revenue, goodwill or anticipated savings.
In addition to damages for which a Lenovo Solution Partner-Reseller or Registered
Partner is liable under law and the terms of this program offering, a Lenovo
Solution Partner-Reseller or Registered partner will indemnify us for claims made against us by
others (particularly regarding statements, representations, or warranties not authorized by us)
arising out of a Lenovo Solution Partner-Reseller's or Registered Partner's conduct under this
program offering, or as a result of their relations with anyone else.
Each Lenovo Solution Partner-Reseller and Registered Partner agrees to indemnify Lenovo in the
event that Lenovo incurs damages arising from:
1. independent commitments made by a Lenovo Solution Partner-Reseller or Registered Partner not
authorized by Lenovo;
2. a Lenovo Solution Partner-Reseller's or Registered Partner's failure to comply with the Terms and
Conditions of this program offering; or
3. a Lenovo Solution Partner-Reseller's or Registered Partner's other conduct under this program
offering.
If you materially breach any terms of this Lenovo Influencer Program
for Lenovo Solution Partner-Resellers or Registered Partners, Lenovo reserves the right to withhold
fee payments and to take such further action, including, but not
limited to, termination and indemnification.
PUBLIC SECTOR ADDITIONAL TERMS
In advance of receiving any fees from Lenovo for the sale of Lenovo
products to an eligible Public Sector End User customer, a Lenovo
Solution Partner-Reseller or Registered Partner must promptly notify Lenovo if they:
1. have ever been barred, terminated, suspended or disqualified from
participation in a federal, state or local government bid or
contract;
2. have any employees who are executives, officers, owners or key
principals of their company, or a member on their board of
Directors, who have an immediate family member or anyone in their
household who is an employee of any government office who has
responsibility for making procurement decisions; or
- 2a) who has a separate business relationship with an employee
of any government office who has responsibility for making
procurement decisions. Lenovo must be notified by the Lenovo
Registered Partner via email at pcbpapps@ca.lenovo.com to
explain the above circumstances.
Failure to notify Lenovo that any of the above circumstances exist
prior to earning any fees from Lenovo for a sale to a Public Sector
End User customer may be considered a breach of this offering. In
addition, you must notify Lenovo promptly if your answer to any of
these questions change.
Changes to Offering: Lenovo may change prices at anytime.
Lenovo may change the offering's eligibility criteria, eligible
Products, applicable fees, and other offering terms, including
withdrawal of the offering upon one month's written notice.
Lenovo Solution Partner-Resellers are eligible to participate in this
offering under the terms of the announcement letter for the Lenovo Influencer
Program for Lenovo Solution Partner-Resellers,and the Lenovo Partner Network Agreement.
When a Lenovo Registered Partner participates in this program
offering by referring a customer to Lenovo to buy Lenovo products or
by receiving any benefits under this program, such participation is
the Lenovo Registered Partner's agreement to the terms and conditions
of this program offering as described in the announcement letter for the
Lenovo Influencer Program for Lenovo Registered Partners.
Trademarks
Lenovo is a trademark of Lenovo in the United States, other
countries, or both
ThinkCentre, ThinkPad, and ThinkVision are registered trademarks
of Lenovo in the United States, other countries, or both
Other company, product, and service names may be trademarks or
service marks of others.
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