Terms and Conditions

Terms and Conditions

Aruba Action Terms and Conditions Addendum

The Aruba ACTION Program (“Program”) is designed to reward Partner organizations for their sale of Aruba Instant On and Office Connect products (“Authorized Products”) listed on the Platform and program letter https://action.arubainstanton.com/.

Partners who meet the established Program criteria as outlined in the Aruba ACTION Program overview letter are eligible to participate.

Partners with Platinum, Gold, Silver or Business Partner level status according to the HPE Partner Ready for Networking Program, or certain Service Providers or System Integrators are not eligible. In the event that the participating Partner enters either of these levels during the course of participation in the Program, they will become ineligible to participate.

Partners must accept these terms and conditions to formalize their participation in this Program and become eligible to receive exclusive Rewards and incentives.

By accepting the Terms and Conditions of Aruba ACTION Partner Club, Participants agree not to perform any actions which would constitute a violation of HPE’s compliance and anti-corruption policies, or any applicable anti-corruption laws.

The Program will be based solely on the commercial sales of the participating Aruba products during its term.

Hewlett Packard Enterprise reserves the right to revise, modify, extend or suspend any and / or all aspects of the Program without prior notice.

The Program may be extended by Hewlett Packard Enterprise Company at its sole discretion.

Both the established goals and the partial and final results of this Program can be viewed within the Aruba ACTION Platform only. Within the indicated Platform, only people with an Owner and/or Manager profile can visualize these results.

For the Aruba ACTION Program details, review the Aruba ACTION Program letter on the Aruba Platform here: https://action.arubainstanton.com/.

"Aruba" refers to Aruba, a Hewlett Packard Enterprise company.

"Organizer" refers to PRM Marketing Services Pte Ltd, the company designated by Aruba for the development, administration and execution of the entire online rewards and loyalty Platform called "Aruba ACTION".

"Partner" refers to those Partners in APJ who do not have a valid agreement in place with Aruba or who are authorized HPE Business Partners and who purchase Authorized Products, through an authorized Aruba Distributor in the region. Partners with Platinum, Gold or Silver level status according to the HPE Partner Ready for Networking Program, or certain Service Providers or System Integrators are not eligible for this Program.

"Distributor" means any authorized Aruba Distributor who has an active Volume Distribution agreement with Aruba within the region.

"Platform" refers to the online rewards and loyalty platform called "Aruba ACTION", developed by the Organizer to provide Aruba authorized Participants training, information and rewards for the sale of Authorized Products and for executing certain behaviors as defined in the Program.

"Sales" refers to the Distributor sell-out to Partners under this Program and the quantity as reported by the authorized Distributor to Aruba.

"Reward" refers to points generated after the purchase of 1, 5 or 10 APs (Access Points) or 1, 5 or 10 switches belonging to the list of Authorized Products. Point(s) will be adjusted at Aruba’s discretion as soon as orders are placed and captured in the Platform. Point(s) will be converted to a monetary value at the end of the quarter and on redemption.

"Participant" refers to Partner as defined above registered in the Program.

"Tax Identification" refers to a unique identifier assigned by local authorities to reseller for tax purposes.

Partners authorized by Aruba are eligible to participate in the Aruba ACTION Program.

  1. Program benefits are intended for Participants meeting Program criteria for the sale of Aruba Instant On and Office Connect products per the Aruba ACTION Program letter.
  2. The Program is not intended for price reduction to the end user, to increase the margin or achieve any purpose other than to encourage the sale of the Aruba Instant On and Office Connect products by the Participants.
  3. Program rewards are available to active Participants, after sales of eligible Aruba products.
  4. This Program is not eligible for employees or individuals working for Hewlett Packard Enterprise / organizations who do business on behalf of Aruba or with Aruba.
  5. The Program will be open to participation by Participants from June 1st, 2021 to May 31st, 2022.
  6. Participants who do not have a valid business partner agreement in place with HPE must submit to background screening, and may only redeem Rewards after receiving clearance through the background screening process conducted by HPE.

  1. The Program will apply only to registered and previously accepted Participants. The Program applies to the activities described on the Aruba ACTION Platform https://action.Arubainstanton.com/. The activities include, but are not limited to registration, redemption, training, as well as other activities that Aruba decides to implement on the Platform.
  2. The Participants will be rewarded with points on the purchase of 1, 5 or 10 APs or 1, 5 or 10 switches belonging to the list of Authorized Products. The points will be credited to the Participant on the sale and will be converted to a monetary value in form of a voucher at the end of the quarter and on redemption. The total reward value per quarter will be capped at USD 2000 per quarter for those Participants who do not have valid Agreements in place and USD 4000 per quarter for the authorized HPE Business Partners. The total reward value will include and be calculated basis the sell-through of the Eligible Products and the prizes won under gamification as described under Appendix A.
  3. Aruba reserves the right of admission to this Program in its sole discretion. Registration and access will be revoked for those users who do not satisfy the Program criteria.
  4. By accepting the terms and conditions, the Participant is responsible for any conflict of interest that may exist, if applicable.

The Participant must accept the terms and conditions of the Program when registering and acknowledge that their participation does not create or constitute an employment or commercial relationship with Aruba.

To participate in the Program, each Participant must register online at https://action.Arubainstanton.com/ complete the required personal information, read and accept the corresponding terms and conditions.

Participants are responsible for staying informed regarding the Program terms and conditions which must be accepted during the registration process as a condition to participate in the Program. In the same way, the terms and conditions will be available in the footer at all times https://action.Arubainstanton.com.

The terms and conditions of this Program do not alter or modify the provisions of the agreement between Aruba and the Participants if any previously existed.

All Participants must register their Tax ID to participate in this Program. The Tax Identification will be used as the unique identification key to verify the information of the Participant.

All participating users must provide their unique personal identification number. Denial of such a requirement will cause the termination of user accounts within the Program.

Only sales of Aruba Authorized Products in the Program are eligible to be rewarded. Aruba reserves the right to modify, restructure or suspend the list of Authorized Products, as well as any other term of a purchase incentive initiative implemented under the Program, at any time without prior notice to the Participants and/or Distributors.

Sales are not retroactive. Sales after registration date are taken into account for the quarterly cash credit, as long as, the Participant completes the registration and accepts the terms and conditions on the Platform.

Note: Only Authorized Products sold through Aruba Distributors are valid for incentives.

The products offered within the Program are based on the purchases made of Authorized Products. Only the SKUs and/or participating serial numbers will be eligible to obtain the Reward.

  1. To redeem the Reward, the Participant has up to thirty (30) days from the end of the quarter. To redeem, Participant must visit https://action.arubainstanton.com/. Once a Reward has been redeemed, it cannot be modified or cancelled. Rewards are non-transferable. All decisions about the Program made by Aruba are final.
  2. The sending of false, fraudulent or misleading information in relation to the Program may result in actions that include, among others, the termination of participation in the Program and / or the Participant agreement with Aruba. Fraudulent redemptions can result in Participant's civil liability or criminal prosecution.
  3. Neither party shall be liable to the other for the redemption, arising solely from the cancellation of this Program. Except as provided in this document, all other terms of any agreement that Aruba Partners may have with Aruba will remain in full force.

Participants can accumulate rewards for completing the predefined activity and for the purchase of eligible Authorized Products. Rewards accumulate from the start of the Program and are to be redeemed at the end of each quarter. To redeem, Participants must visit https://action.arubainstanton.com/. Once a Reward has been redeemed, it cannot be modified or cancelled.

Rewards are non-transferable and cannot be redeemed for cash or any other good. Winning Participants assume all responsibility and costs incurred to enjoy the prize, as well as any damages that may be suffered with the use of the Reward during its transfer.

All decisions about the Program made by Aruba are final.

In this section, you will find the rules that apply to the redemption of Reward within the Aruba ACTION Program. Please read them carefully to better understand the Reward redemption and redemption process.

To claim a Reward, the Participant's account must show eligibility for the Reward.

Rewards cannot be returned or exchanged. Aruba is not responsible for: (l) changes or discontinuation of any manufacturer's product, merchandise or service offered in the Program; (ll) the Participant must only seek relief from the manufacturer in the event of any defect, failure or problem with a product, merchandise or service; (lll) any effect or devaluation of the rewards caused by said change, discontinuation or removal of merchandise;

The Reward provided under the Program may be updated for another model and / or newer versions without prior notice at any time on the Program Platform. In case of a sold-out product, Aruba will notify the Participant of the substitute product via the Program Platform.

Aruba is not responsible for lost, damaged, delayed or misdirected Reward redemptions and their related documentation.

Aruba and the Organizer will not establish any guarantee, express or implicit, and they will not expressly assume or have any responsibility, including damages, whether indirect special, emergent, incidental, multiple, punitive or others related to type, quality or characteristics of the prize designated through this Program.

Neither the Organizer nor Aruba will be responsible for the Participants or any other third party for any injury, death or other losses, costs, damages, that result from the redemption, reception or use of any of the Program Rewards.

Upon redemption of the Reward by the Participant, their personal identification number and shipping details will be shared with the prize providers as necessary for compliance purposes.

  1. Aruba and Organizer will not assume, nor be liable for damages, indirect or special, consequential, incidental, multiple, punitive or others (including, among others, damages for data loss, income, opportunities, benefits, recovery costs or any other damage), regardless of how they were caused and based on any theory of liability, contractual or tort, negligence or any other way, and regardless of the fact that the Participant has been informed of the possibility of these damages as a result of participation in this Program or the acceptance, possession or use of any prize.
  2. Aruba, its affiliates, subsidiaries and advertising agencies will not be responsible for the incorrect, inaccurate or incomplete information of the Participants or problems related to any of the equipment or Programs associated or used by the Participant or malfunction of any telephone network or electronic transmission software or computer equipment or any combination thereof; and / or loss, delay or damage in data transmissions. Incomplete accesses will be null. All accesses will be the property of Aruba and will not be returned.

The terms and conditions described in this document will be in force for the duration of the Program as mentioned in Section B.

Aruba reserves the right to cancel, suspend, revoke, modify, extend or terminate this Program, including, but not limited to its rules, terms and conditions, in whole or in part, for any reason, for any or all Participants. The Program may be extended by Aruba at its sole discretion.

Participants can redeem the Reward credited to their account in accordance with the rules indicated in the Program, except for the cancellation of the Program. In the event of a cancellation of the Program, a notice will be sent to the most recent email address provided by the Participant, in which a grace period will be granted to the Participants to be able to redeem their pending Reward within 30 days, prior to the cancellation.

Aruba, and its subsidiaries, affiliates or agencies will not be responsible for failing to notify the Participants In case of termination / cancellation of the Program. Aruba, and its subsidiaries, affiliates or agencies will not be responsible for the interruption of the Program, in particular, if said interruption is the result of inaccurate email or data provided by the Participants, the inability of the Participants to access the email online or the failure of Participants to inform Aruba of a change in the email address or data.

ARUBA reserves the right to interrupt the participation of any Participant in the Program and will annul or cancel the Participant’s Reward in case of fraud, false declaration, abuse or violation of the applicable rules or if any of the Reward in the account has been issued, received or redeemed for fraud, theft or in any other way illegal or not authorized by the rules of the Program. These rights are additional to any other resource available to Aruba in accordance with the applicable legislation.

Aruba reserves the right to verify the eligibility credentials of any Participant. If Aruba determines, in its sole discretion, that there is suspicion or evidence of tampering with the Program site or if it experiences technical difficulties that compromise the integrity of the Program. Aruba reserves the right to cancel or modify the Program or cancel suspicious access. Any attempt on behalf of a Participant or any other person to intentionally damage any website or undermine the legitimate operation of the Program will violate criminal and civil legislation, and if such circumstance occurs, Aruba reserves the right to claim payment of damages and damages of the participating Company.

Participants agree to these terms and conditions to provide true, accurate, current and complete information, and to keep it updated.

Public Sector entities and their employees are ineligible for this Program. The following are “Public Sector entities”: Any national, regional, local, or other government agency or department; any public international organization; royal families; candidates for public office and political parties; and any entity that is owned or controlled by any of the foregoing. In the United States, HPE also considers all private and public K-12 educational institutions and libraries to be “Public Sector entities”.

Participants recognize their responsibility for the preservation, privacy and security of the data in their possession, including the data received from this Program and from the people involved in its administration. If a Participant receives from this Program or from any of the people involved in its administration, the data that was not intended for him / her, the Participant will inform the sender immediately to coordinate the return, retransmission or destruction in accordance with the sender's instructions.

Failure of the Participants to comply with any of the rules indicated in these terms and conditions will cause Aruba and the Organizer to disqualify said Participants from this Program.

Without prior written notice from each Participant, they authorize the Organizer to disclose their names, location, images or voices, for the purposes of the Program and / or for advertising purposes, equally promising to cooperate with respect to any Program and / or promotion, activities, without compensation, and with the means and the way that the Organizer considers appropriate.

The Organizer guarantees and represents that the Program and these terms and conditions comply with current legislation and all applicable laws, as approved by Aruba.

The relationship between Aruba and the Organizer under these terms and conditions is that of an independent contractor and neither party will be considered an agent, legal representative, joint venture or partner of the other.

Aruba must approve any press release issued in relation to the subject of these terms and conditions, as it relates in advance to Aruba in writing.

Participant agrees to receive electronic communications for the purpose of providing information on the Program, Aruba products, and associated Program promotions.

By participating, the Participants accept the rules, terms and conditions of the Program and accept the decisions of Aruba as final in everything related to the administration of the Program as established by the Organizer.

The information contained on the Aruba ACTION Platform will be the sole source of information for the Program. In the event of a conflict between the Program information contained on the Aruba ACTION Platform and that contained in other sources / collateral documents, the information contained on the Aruba ACTION Platform will take precedence.

Aruba reserves the right to limit the number of participating products and the number of benefits available under any incentive purchasing initiative aligned with the Program without prior notice.

Rewards provided under this Program may be subject to taxation and reporting, pursuant to applicable local laws. Each winner and / or its employee who receives a Reward is solely and directly responsible for any tax liabilities (including tax withholdings and employment taxes), social security and insurance contributions, tax implications, and tax reporting, arising from or under this Program. Aruba and the Organizer shall not have any liability for taxes (including tax withholdings and employment taxes), social security and insurance contributions, or tax reporting arising from or under this Program.

The company(ies) that own the trademarks for the Rewards referenced herein are not sponsors of, Participants in, and have not endorsed this Program. All third party trademarks are the property of their respective owners.

The Participant accepts and acknowledges that their participation in the Program does not create or constitute an employment or commercial relationship with Aruba. The Participant agrees to indemnify Aruba against losses, damages, claims, demands and responsibilities (including reasonable costs and attorneys' fees) that arise or result from the participation of the Participants in the Program.

A change in a Participant's status will restrict or eliminate the Participant's eligibility to receive prizes under the Program. In the event that a Participant has reasons not to continue its participation, the Participant will be responsible for notifying the Aruba ACTION https://action.arubainstanton.com/ Platform.

This Program shall be governed and construed by the laws specified in the Participant's currently valid HPE Partner Agreement and be subject to the jurisdiction of the courts stated thereunder. For non-HPE Partners the terms and conditions set out herein shall be governed by and construed in accordance with the Partner's country law and the courts of that country will have jurisdiction.

GAMIFICATION

HPE Aruba will occasionally run certain challenges for the ACTION Partner Club members. These challenges are subject to change on a quarterly or half yearly basis.
The challenge will go on for a specific period of time and the Participants will be awarded bass their engagement in program which will be measured with badges.
Participants achieving a minimum number of badges in the defined period of time will be entitled to a bonus reward.

The top performers per geography will be entitled to the Awards.

The Participants can access the details and rules of the game on the ACTION platform.

Details Tracking
Trainings completion with successful quiz On-line tracking on Portal
Webinars attendance Tracked during webinar
Quiz successfully answered at the end of webinar
Quality posts to community : helping other members Tracked on community
AION demo videos Upon submission
Customer use case posting on portal template Upon submission
Answering program surveys - insights On-line tracking on Portal