Terms and Conditions: Partner Reimbursement Program for IT Industry Events

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This document outlines the terms and conditions for participating in the Partner Reimbursement Program for IT Industry Events (the “Program”). Partners who wish to receive the incentives and partial funding under the Program must review and accept the terms and conditions set forth in this document before applying.

By participating in the Program, you hereby agree to abide by the General Promotion Terms & Conditions (the “Terms”) available at https://www.nakivo.com/resources/promo/nakivo-promotion-general-terms/ and NAKIVO Privacy Policy available at https://www.nakivo.com/support/privacy-policy/ (the “Privacy Policy”). If you disagree with the Terms and/or Privacy Policy, do not participate in the Program.

Program Period

Start date: January 1, 2026.
End date: March 31, 2026.

1. Program Overview

The Program is designed to help NAKIVO Partners with participating in offline IT industry events (“Event(s)”) to drive revenue growth and increase demand for NAKIVO Backup & Replication and associated services in their markets. During the Events, NAKIVO supports Partners with organization, marketing content, and partial reimbursement of the expenses directly related to participation at an Event.

2. Definitions

  • “Attendee” means a person or organization that is interested in purchasing or reselling NAKIVO products or expanding existing end-user or reseller relations with NAKIVO. For avoidance of doubt, a legal entity is deemed a single Attendee, regardless of how many persons attend the Joint Event.
  • “IT Industry Event” or “Event” means an in-person (offline), marketing-focused gathering organized as part of a professional IT exhibition, trade show, or similar industry event.
  • “Partner” means the business entity (distributor or reseller) that:
    • has a valid distribution or reseller agreement with NAKIVO;
    • exhibits NAKIVO products and services at an Event; and
    • meets the requirements of the NAKIVO Partner Program.
  • “Contacts” means the contact information of an Attendee, lawfully obtained through direct inquiry, submission of contact details, engagement with marketing materials, participation in promotional activities, or other interactions that demonstrate potential commercial interest and consent to be contacted by or on behalf of NAKIVO.
  • “Marketing Materials” means all promotional and collateral materials created and provided by NAKIVO to the Partner for use in connection with an Event.
  • “Venue” means the person or entity hosting the Event and providing the premises for the Event. The Venue may enforce certain rules and conditions (including, but not limited to, event organization, public order, health and safety, noise, on-premise sales, etc.) that are mandatory for Partner and Attendees.

3. Eligibility Criteria

  • To be eligible for the Program, the Partner must meet the following requirements:
    • Be an existing NAKIVO Partner;
    • Secure the approval of the Event by NAKIVO as provided herein; and
    • Accept and comply with these Terms and Conditions for the Program.

  • To be eligible for partial reimbursement by NAKIVO, the Event must have at least one of the following objectives:

    Distributors:
    • Expand NAKIVO’s channel network through recruitment of new resellers; and/or
    • Reactivate resellers who have not made a purchase for two consecutive quarters or longer.
    Resellers:
    • Acquire new customers, that is, lead generation and making sales to new potential customers; and/or
    • Develop, upsell, and/or retain existing customers.
  • The Event should be jointly planned by the Partner with NAKIVO Sales and Marketing Teams and must be pre-approved by NAKIVO.

4. Procedure for Organizing and Participating in Events

1. Event planning in cooperation with NAKIVO;
2. Applying for NAKIVO approval;
3. Obtaining NAKIVO’s approval;
4. Event participation;
5. Immediate delivery of contacts to NAKIVO;
6. Results and proof of participation;
7. Claiming reimbursement (providing invoices);
8. Receipt of payment.

For any questions about any of the steps, Partners should contact their NAKIVO Channel Manager or Channel Event Manager, who will navigate them through the procedure to receive partial reimbursement for the Event expenses.

5. Incentives and Funding

  • NAKIVO shall compensate pre-agreed percentage of the expenses for the pre-approved Event based on the invoices provided.
  • The number of Events that can be partially funded by NAKIVO under this Program is limited to up to two (2) per quarter. The number of Events that can be hosted by a single Partner is limited to up to two (2) per quarter.
  • The amount of NAKIVO’s reimbursement must be pre-approved for each Event at least 30 days before the date of the Event.
  • If an Event is canceled, the date is postponed by more than 14 days, and/or the Venue is changed, the Partner must re-apply for approval of the Event.
  • Approved funds that remain unused for an approved Event will expire automatically if the Event is not held on the agreed date or at the agreed Venue.
  • The following expenses are NOT covered by NAKIVO under the Program:
    • Marketing activities without proper proof of participation and without invoices;
    • Travel to or from Events;
    • Accommodation expenses;
    • Tax-related expenses; and
    • Any expenses unrelated to NAKIVO.

6. Planning

To plan an Event with NAKIVO, the Partner must contact a NAKIVO Channel Manager and/or Event Manager to negotiate the preliminary details of the Event. The following details must be discussed:

a) Type of Event;
b) Date;
c) Target audience;
d) Anticipated number of Attendees;
e) Booth or exhibition space design and branding;
f) Budget;
g) Venue;
h) Applicable Venue terms and conditions;
i) NAKIVO’s speaking slot (if any);
j) Giveaways (if any);
k) Marketing content required for the Event;
l) Activities prior to the Event to get more Attendees involved; and
m) Other activities in the country following the Event, such as webinars, mail blasts, telemarketing campaigns, social media posts, etc.

7. Applying for NAKIVO Approval

To apply for approval for an Event, Partners must send an email Application to their NAKIVO Channel Manager and Channel Event Manager with detailed information about the Event (See Planning). NAKIVO shall evaluate the Application based on the information provided by the Partner.

If the Partner modifies any details related to an Event that has already been approved, the Partner must resubmit the Application with the changes to NAKIVO for re-approval.

NAKIVO reserves the right to request additional information and/or documents before granting approval.

8. Securing NAKIVO Approval

NAKIVO shall review and evaluate the Application for Event approval within 30 days from the date of receipt of the Application. Once the Application is approved without any qualification or conditionally or denied, NAKIVO shall inform the Partner about the decision via email.

NAKIVO shall not consider a verbal approval as binding in any way. The Partner shall not commence any Event preparation until the Application has been approved in writing by NAKIVO.

9. Event Participation

The Partner is responsible for submitting an application for Events organized by third parties (e.g., trade shows) or for booking a venue for Events organized by the Partner.
The Partner shall also be responsible for adhering to applicable Event and Venue rules and conditions.

NAKIVO shall provide marketing materials, marketing content, and branded giveaways in case mutually agreed with the Partner during the Planning process.

10. Immediate delivery of Contacts to NAKIVO

When processing Attendees to collect a Contacts list time is of the essence. The Partner undertakes to transfer a consolidated list of Contacts to NAKIVO within five (5) business days.

The consolidated list of Contacts, shall include the following details about the Attendees:

  • Company name;
  • First and last name;
  • Job title;
  • Corporate email address (public email domains such as Yahoo, Gmail, Hotmail, etc. are not qualified for the Program);
  • Business phone number; and
  • Country (in case it’s allowed by applicable privacy legislation).
The list must be accompanied by sufficient evidence of permission for processing of the personal data of Attendees and sending marketing communication.
The Partner and NAKIVO act as independent data controllers with respect to personal data of Attendees.
The Partner shall collect valid, explicit consent from each Attendee prior to or at the event for:
  • sharing of Attendee data with NAKIVO,
  • the processing of such data by NAKIVO for post-event marketing and promotional communications relating to its products and services.
Such consent must:
  • Expressly name NAKIVO,
  • Clearly describe the marketing purpose,
  • Be obtained through an affirmative action (e.g. checkbox),
  • not be bundled with event participation or services.
The Partner shall provide to NAKIVO sufficient evidence of: valid consent was collected, consent wording matches the text approved herein, method of collection, proof of affirmative action, consent logs are stored and retrievable.
NAKIVO reserves the right to:
  • Reject any Attendee data not accompanied by sufficient evidence of valid consent;
  • Require deletion of unlawfully collected data;
  • Terminate cooperation in case of non-compliance.

APPROVED CONSENT WORDING:

I agree that my personal data may be shared with NAKIVO and that NAKIVO may contact me after the event with marketing communications about its products and services. I understand that I may withdraw my consent at any time.

11. Results and Proof of Participation

Upon successful completion of the approved Event, the Partner must provide NAKIVO with the results, proof of participation in the Event, and the invoice(s) related to the Event to be able to claim the agreed reimbursement amount.

NAKIVO expects that the Event will yield results that are actionable and can be monetized. The Partner must submit the results and proof of participation within 15 days from the end of the Event by enclosing them in an email to the Partner’s NAKIVO Channel Manager and Channel Event Manager.

The following information must be included:

  • Visual Proof of the Event results (event pictures and videos);
  • Confirmation of timely delivery of contacts to NAKIVO;
  • Third-party invoices and other documentation directly related to the Event that NAKIVO may request.

12. Claiming Reimbursement

To claim partial reimbursement from NAKIVO for the cost of the Event, the Partner must send an invoice by email to their NAKIVO Channel Manager with the necessary details for a wire transfer.

Based on the documentation received (as outlined in Section 5 Incentives and Funding), NAKIVO will determine the Partner’s compliance with the outlined requirements. If NAKIVO deems that the Partner has complied in full with all requirements, the agreed partial reimbursement amount shall be approved in writing for disbursement. If the actual number of Attendees at an Event is 50% or more lower than the number agreed to and approved by NAKIVO, NAKIVO may choose not to fund the activity or fund only a portion of what was initially agreed upon.

13. Receipt of Payment

Payments for the Event are made based on the approved amount. Any incremental costs of the Event that go beyond the agreed-upon amount are the sole responsibility of the Partner.

NAKIVO issues payment within 60 days after the reimbursement claim received from the Partner is approved. If the Partner does not receive payment by wire transfer in that time period, they should contact their NAKIVO Channel Manager.

14. Payment

Payments will be made via wire transfer. The Partner must provide NAKIVO with all financial and banking information requested in order to make a payment. Failure to provide such information within thirty (30) days after request by NAKIVO may result in forfeiture of amounts owed to the Partner by NAKIVO.

Any claims concerning the payment amount must be received in writing (along with the Partner’s current contact information) to NAKIVO no later than thirty (30) days following receipt of the payment. If NAKIVO does not receive written notice within this thirty (30) day period, the Partner will be deemed to have waived any such claim.

NAKIVO’s decisions with respect to the approved Event and the amount of payments are at NAKIVO’s sole discretion. All decisions are final.

Any payment made does not include any taxes. The Partner is responsible for paying all taxes arising out of any payment received for the Event. Each party will pay for its own costs and expenses related to the Trade Show Event unless otherwise agreed in writing.

15. Audit

The Partner must keep all relevant documentation pertaining to the Event and related marketing activities for 3 years from the date of receiving the partial reimbursement amount by wire transfer. NAKIVO reserves the right to conduct an audit of the proof of performance and participation with or without cause. If and when NAKIVO decides to perform such an audit, the Partner shall make all relevant documentation available to NAKIVO.

16. Representations and Warranties

The Exhibitor represents and warrants that:

  • It has the right, power and authority to participate in the Event and adhering to Venue rules and conditions;
  • The performance of its obligations under the Event participation will not breach any agreements with a third party and will strictly comply with these Terms and Conditions;
  • The performance of its obligations under the Event participation and related marketing activities will be compliant with all applicable standards, laws, regulations and rules;
  • The marketing activities related to the Event participation will not infringe or misappropriate any copyright, patent, trade secret, trademark or other proprietary right held by another party; and
  • The Event and related marketing activities will be performed in a professional, lawful and ethical manner and will not include any libelous, deceptive, materially false, or misleading statements or practices.
  • The Partner shall refrain from granting the Attendees with excessive hospitality or gifts that may act or be perceived as a bribe or an unfair benefit.

17. No Warranties

Except as provided herein, NAKIVO expressly disclaims all other express, implied, or statutory warranties, such as warranties of merchantability, fitness for a particular purpose, title, and non-infringement. This also includes any implied warranty arising from course of performance, course of dealing, usage of trade, lack of errors, satisfactory condition, or quality.

18. Indemnification

The Partner will, at NAKIVO’s request, indemnify, defend, and hold NAKIVO harmless from and against any third-party claims, suits, demands, costs, liabilities, expenses, and damages (including attorneys’ cost and fees) (collectively “Claims”) arising out of or in connection with Partner’s performance under the Event, including any Claims made in connection with any the Event, Venue rules and conditions, as well as related marketing activities or Partner’s failure to obtain valid consent as provided in Clause 10 herein or comply with applicable data protection laws.

19. Limitation Of Liability

To the maximum extent permitted by law, in no event will either party be liable for any indirect, incidental, consequential, punitive, special, or exemplary damages arising out of or that relate in any way to this agreement or its performance. This exclusion will apply regardless of the legal theory upon which any claim for such damages is based, whether the parties had been advised of the possibility of such damages, whether such damages were reasonably foreseeable, or whether application of the exclusion causes any remedy to fail of its essential purpose. This exclusion will not apply to the Partner’s indemnification obligations, violation of NAKIVO’s intellectual property rights, or willful misconduct.

20. Intellectual Property

NAKIVO grants the Partner a nonexclusive, non transferable, non-assignable, limited license to use the marketing materials solely in connection with the NAKIVO-approved the Trade Show Event and related marketing activities. Partner may not modify the marketing materials. Except as expressly licensed to the Partner herein, NAKIVO retains all right, title and interest in and to the marketing materials (including all intellectual property rights).

21. Miscellaneous

Participation in the Event and related marketing activities is voluntary. Participation in the Event, this Program and related marketing activities does not create an employer-employee relationship, partnership, joint venture, or agency relationship and does not create a franchise. Neither the Partner nor any of its representatives may make any representation, warranty, or promise on NAKIVO’s behalf. The Partner is solely responsible for complying with all applicable local, state, and federal laws and regulations pertaining to its activities while organizing the Event.

22. Disclaimer

NAKIVO has the right to cancel the Event activity or change the Event requirements, related marketing activities, or the partial reimbursement rate at any time and at its sole discretion.