EATON CORPORATION DATACOMM CONTRACTOR ADVANTAGE PROGRAM TERMS AND
The Eaton Corporation (“EATON”) contractor participating in
this Eaton DataComm Contractor Advantage Program
(“PARTICIPANT”) hereby agrees to the following
A. Eaton DataComm Contractor Advantage Program
To be eligible for this Program:
PARTICIPANT must be a contractor that sells and/or installs data and
telecommunications equipment and cabling as well as information
technology products and/or services (servers, storage, workstations,
networking gear, notebook computers, computer peripherals, etc.) to end
users, hereby referred to as DATACOMM.
PARTICIPANT shall demonstrate commitment and dedication to the
development of incremental business in Eaton products as well as to
increasing awareness of the Eaton brand name.
PARTICIPANT agrees to be bound by the terms and conditions of this
Agreement and any modifications to the terms of this Agreement in order
to be eligible for the PROGRAM.
DATACOMM PARTICIPANTS who receive over $25,000 in marketing funds from
Eaton are not eligible for the Program.
B. Obligations of EATON
EATON shall designate PARTICIPANT as an AUTHORIZED CONTRACTOR in the
PROGRAM should PARTICIPANT complete the defined requirements (as defined
in Schedule A) and shall provide PARTICIPANT with all the benefits
afforded to an AUTHORIZED CONTRACTOR.
C. Obligations of PARTICIPANT
PARTICIPANT agrees to receive communications from time to time from
Eaton on products and promotions directly relevant to the
PARTICIPANT’S line of business.
PARTICIPANT agrees to allow Eaton to use PARTICIPANT’S name in
promotional materials, including press releases, presentations, customer
references and reseller lists regarding the sale of Eaton products.
Eaton will obtain PARTICIPANTS prior written approval for publicity
documents that contains claims, quotes, endorsements or attributions by
PARTICIPANT shall keep confidential all data, information,
specifications, documentation, and other material (tangible or
intangible) which is disclosed by Eaton to PARTICIPANT in connection
with the PROGRAM (the “Confidential Information”).
PARTICIPANT agrees to protect the Confidential Information by using the
same degree of care, but no less than a reasonable degree of care, to
prevent the unauthorized use, disclosure, or publication of the
Confidential Information as PARTICIPANT uses to protect its own
confidential and proprietary information of a like nature.
PARTICIPANT may disclose Confidential Information only to its employees,
who have a need to know, for the purpose of this Agreement, and who have
been informed of the restrictions on use, publication, and disclosure
and have agreed to abide by the terms of this Agreement. Confidential
Information must not otherwise be disclosed by PARTICIPANT to any third
party, published, or used by PARTICIPANT for any reason other than the
Purpose without the prior written consent of Eaton. PARTICIPANT
shall not remove the markings or legend on the Confidential Information
of or copy the Confidential Information in whole or in part without the
confidential or proprietary markings or legend. Confidential
Information provided under this Agreement is provided to PARTICIPANT
solely for the purpose of this Agreement and no disclosure or physical
transfer of any materials or information covered by this Agreement will
be construed as granting (a) a license under any patent, patent
application, or copyright or (b) any right of ownership in any materials
or information. All information in tangible form must be
returned to Eaton promptly upon written request or the termination or
expiration of this Agreement, and must not be retained in any form by
PARTICIPANT. PARTICIPANT agrees to be responsible to the fullest
extent allowed by law if their employees or agents violate this
Agreement by disclosing the Confidential Information. PARTICIPANT
further acknowledges that the Confidential Information is unique and
valuable, and that disclosure in breach of this Agreement may result in
irreparable injury to Eaton for which monetary damages alone may not be
an adequate remedy. Therefore, PARTICIPANT agrees that in the event of a
breach or threatened breach of confidentiality, Eaton is entitled to
specific performance and injunctive or other equitable relief as a
remedy for any breach or anticipated breach without the necessity of
posting a bond. Any relief is in addition to and not in lieu of any
appropriate relief in the way of monetary damages.
PARTICIPANT’S obligations and Eaton’s rights under this
Section shall survive any expiration or termination of this AGREEMENT
for any reason whatsoever for a period of five (5) years thereafter.
PARTICIPANT must provide Eaton their unique customer number from
each of Eaton’s Authorized DATACOMM Distributor(s) (as defined
in Schedule C) with which it does business. Orders associated with
each of these customer numbers at Eaton’s Authorized
Distributors will receive the defined benefits (as defined in
PARTICIPANT must comply with all federal, state and local laws and
regulations governing the advertising, marketing and sale of Eaton
PARTICIPANT agrees to Eaton’s standard terms and conditions for
the sale of Eaton products and services.
PARTICIPANT may not represent Eaton products in a negative, misleading
or deceptive manner.
PARTICIPANT shall comply with all logo or trademark usage guidelines
issued by Eaton in connection with the PROGRAM, including those set
forth Schedule B attached hereto.
The term of this AGREEMENT shall commence upon the date Eaton provides
written notice (includes email notice) to PARTICIPANT of its acceptance
into the PROGRAM. Each party may terminate this AGREEMENT with or
without cause at any time. Upon termination, PARTICIPANT will be removed
from the PROGRAM and all future purchases/sales, from the date of
termination, will not be eligible for any discounts allowed for in this
Participant understands that the term of this AGREEMENT is one (1) year,
which may be renewed by Eaton for additional terms at Eaton’s
The Program is valid only for purchases/sales in the United States.
EATON reserves the right to modify the terms of this Agreement or
withdraw the Program at any time at its sole discretion.
Preferred Eaton DataComm Contractor Advantage Program
Schedule A – Membership Level Requirements
Successfully complete online registration form and be approved in
writing by Eaton
Meet and Agree to T&C’s set forth in this document
Annual Growth Incentive Program membership:
Successfully complete online registration form and be approved in
writing by Eaton
Complete and submit the “Eaton DataComm Contractor Advantage
Growth Incentive Program Agreement Form” online, which can be
found on contractoradvantage.eaton.com in the “Growth Incentive
Program” main menu option.
Each contractor must host or attend an annual Eaton training session.
This training is designed to update the contractor’s key personnel
on Eaton products, programs and resources. The contractor should work
with their Eaton sales representative to determine a date and time for
the training session.
Upon completion of items (1.) and (2.), the Eaton representative
notifies Eaton’s marketing department with the training date,
branch location and names of the contractor’s staff that received
If the above requirements are completed by the date specified in the
“Program Rules” section “Growth Incentive
Program” main menu option of the Eaton DataComm Contractor
Advantage portal (date and rules may change at any time at Eaton’s
discretion), the contractor is a qualified participant in the annual
“Eaton DataComm Contractor Advantage Growth Incentive
Program”. As a qualified participant, the contractor is a full
year member, and eligible for product vouchers (hereby referred to as
VOUCHER) on purchases processed between January 1st and December 31st of
the respective membership year made through their pre-selected
Certification must be renewed each year by completing items (1.) and
Product voucher levels, minimum thresholds and eligible products will be
published annually in the “Program Rules” section
“Growth Incentive Program” main menu option of the Eaton
DataComm Contractor Advantage portal and may also change at any time at
An “Eaton DataComm Contractor Advantage Growth Incentive Credit
Certificate” (or VOUCHER) will be issued in the next calendar year
after point-of-sales reporting has been consolidated and the achievement
of the respective thresholds has been confirmed by Eaton.
The VOUCHER is subject to the terms and conditions set forth in item 9
and 10 of this document
The VOUCHER is valid only on the purchase of Eaton products from an
authorized Eaton Distributor and must be surrendered at the time of
purchase. This certificate is not redeemable for cash, is non-negotiable
and non-transferable and cannot be replaced if lost. This certificate
does not cover any applicable taxes or shipping and handling charges,
and may not be used in conjunction with any other promotional offers.
This certificate is only valid for offers placed after the issue date
and before the expiration date noted above. Any other use of this
certificate, including the reproduction thereof, is illegal.
VOUCHER expiration is 180 days from Date of Issue.
Authorized Distributors may apply the face value of any valid
certificate (VOUCHER) to the purchase of Eaton products. Upon
receipt and validation of this certificate, Eaton shall issue a credit
to the Authorized Distributor’s account.
Schedule B – Program Benefits
Online Portal Access: Registered and approved
contractors are granted access to the Eaton DataComm Contractor
Logo Usage: Registered contractors are eligible to use,
in compliance with Eaton’s logo guidelines, as dictated by the
PARTICIPANT agrees to abide by Eaton Corporation’s and its
affiliates (“Eaton”) terms and conditions and corporate
identity standards for use of Eaton Registered Contractor logo
(“Eaton Mark”). PARTICIPANT agrees such use and
goodwill associated therewith inures solely to Eaton’s
benefit. PARTICIPANT agrees to obtain prior written review
and approval from Eaton prior to the first occurrence of any use of the
Eaton Mark on any website, literature, brochures, displays,
advertisements or other sales items. Once approved, PARTICIPANT
will only use the Eaton Mark as approved with the first occurrence. The
Eaton Mark has to be used in a manner that distinguishes it from any
trademarks of PARTICIPANT or another company. The use of the Eaton Mark
by PARTICIPANT should at no time generate the false impression that
PARTICIPANT or any other company, product and/or service is an Eaton
company, product and/or service, or affiliated or endorsed by Eaton.
Eaton reserves the right to refuse any such use and may modify its
usage standards from time to time.
Eaton has the right to review and approve, at its sole discretion prior
to any usage, labels using the Eaton Mark other than those labels
present on the original products. Further, in accordance with
these terms, the Eaton Mark must be used for advertising only original
Eaton products in brochures, advertisements, catalogues, and websites or
any other means approved by Eaton. PARTICIPANT agrees not to use,
attempt to register, or register any trademark, trade name, service
mark, or domain name, in whole or in part, that is identical to or
confusingly similar to any of the Eaton Mark in Eaton’s sole
opinion. The Eaton Mark must be used in a manner that does not
damage, tarnish, or diminish the value of the Eaton Mark. If Eaton
has any objection to the use of the Eaton Mark or the manner of use by
PARTICIPANT, PARTICIPANT agrees to immediately cease and desist from any
further use of the Eaton Mark.
PARTICIPANT acknowledges and agrees that Eaton may terminate
PARTICIPANT’s right to use the Eaton Mark at any time and
for any reason upon written notice. Following such termination,
PARTICIPANT agrees to immediately cease and desist all use of the Eaton
Mark with a written acknowledgement that all material containing the
Eaton Mark has been deleted or destroyed.
Schedule C - Eaton Authorized Distributors
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