ANNEXURE ‘A’ TO CLOUD SOLUTIONS CUSTOMER AGREEMENT ADDITIONAL TERMS FOR AWS
3. Distribution Seller Program Discount Guide
3.1. RECITAL:
The purpose of this discount guide (the “Discount Guide”), is to provide the Distribution Seller (“You/Your”) with the applicable discount rates which First Distribution provides to You, for Your purchase of AWS products and/or services from First Distribution.
3.2. INTRODUCTION:
3.2.1. Capitalized terms not defined in this Discount Guide shall have the meanings set forth in the CSP Agreement and/or the Distribution Seller Agreement and/or the Service Terms between You, First Distribution and/or the applicable AWS Contracting Party (collectively hereinafter referred to as the Agreements). This Discount Guide may be updated by First Distribution from time to time.
3.2.2. The Parties note and agree that all products and/or services offered by AWS are subject to AWS’s standard terms and conditions in force, which may be changed, modified, and amended, with or without notice in the sole discretion of AWS.
3.2.3. You note and agree that any discounts set out in any Private Pricing Agreement entered into between First Distribution and an End-Customer, shall be the only discount to which You shall be entitled to, and all discounts contained in this Discount Guide shall rendered null and void.
3.3. RESALE DISCOUNTS:
3.3.1. Standard Discounts:
The Standard Discount consists of the Base Discount, Technical Capability Discount (Competency Discount), and New Business Discount, collectively the “Standard Discount”, as each component discount is described below. The Standard Discount will vary among Program Accounts, depending on a Program Account’s eligibility for each component discount. You acknowledge and agree that unless otherwise agreed to between the parties, the Standard Discounts set out below are based on Your APN tier with the Distributor.
3.3.1.1. Base Discount:
By participating in and maintaining compliance with, the Distribution Seller Program, then the Authorized Service’s on Your Program Accounts (other than Existing Accounts or Internal Use Accounts, each as defined below) are eligible for the Base Discount.
3.3.1.2. Technical Capability Discount:
Authorized Services on Your Program Accounts that receive the Base Discount may also be eligible for the Technical Capability Discount if You attain and maintain any AWS Consulting Competency as set forth at https://aws.amazon.com/partners/competencies/ (and any successor or related locations designated by AWS), respectively, as may be updated by AWS from time to time.
3.3.1.3. New Business Discount:
Authorized Services on Your Program Accounts that receive the Base Discount may also be eligible for the New Business Discount if the Program Account is a New Account. A “New Account” is (i) any new account or (ii) any existing account that has less than $1,000 in total monthly fees for the month preceding its designation as a Program Account. The New Business Discount will only apply for up to 24 months after the New Account is designated as a Program Account. A Program Account will not qualify for the New Business Discount if its primary purpose is for migrating content from another account.
You should register New Accounts via the APN opportunities form available at https://www.apn-portal.com/home/home.jsp (and any successor or related locations designated by AWS), as may be updated by AWS from time to time. Registering will indicate to AWS that the New Account may qualify for the New Business Discount and other benefits.
Standard Discount (Usage) | |||
| Eligible Program Accounts | Base Discount | Technical Capability Discount (Competency Discount) | New Business Discount |
| Registered | 2% | 0% | 0% |
| Select | 3% | 0% | 2% |
| Advanced | 4% | 0% | 3% |
| Advanced + | 5% | 2% | 5% |
Discount for Certain Authorized Services: Certain Authorized Services on Your Program Accounts may be eligible for a different discount in lieu of the Standard Discount. For information on the discount pertaining to certain Authorized Services, see Section 3 (“Authorized Service Discounts”).
YOU ACKNOWLEDGE AGREE AND THAT SHOULD YOU BE ELIGIBLE FOR THE ADVANCED PROGRAM ACCOUNT AND HAVE QUALIFIED FOR THE COMPENTENCY DISCOUNT AS SET OUT IN 3.1.1.2 ABOVE, YOU WILL BE ELIGIBLE FOR THE ADVANCED + PROGRAM ACCOUNT. SHOULD YOU OBTAIN ADVANCED + PROGRAM ACCOUNT ELIGIBLITY, YOU UNDERTAKE TO IMMEDIATELY INFORM THE DISTRIBUTOR THEREOF. YOU ALSO ACKNOWLEDGE AND AGREE THAT SHOULD YOU BE ELIGIBLE FOR THE ADVANCED + PROGRAM ACCOUNT, CERTAIN BENEFITS WHICH YOU RECEIVED PRIOR TO YOU ATTAINING THIS ELIGIBILITY WILL CEASE TO BE OFFERED INCLUDING BUT NOT LIMITED TO YOUR FREE ACCESS TO THE COST MANAGEMENT PLATFORM (“CMP”). ONCE YOU HAVE ATTAINED AN ADVANCED + ELIGIBLE ACCOUNT AND YOU WISH TO CONTINUE YOUR USE OF THE CPM, THEN ALL COSTS ASSOCIATED WITH THE USE OF THE CMP SHALL BE SOLELY FOR YOUR ACCOUNT.
3.3.2. Existing Account Discount
3.3.2.1. Authorized Services on Your Program Accounts for which the monthly fees are equal to or greater than $50,000 in total in the month preceding its designation by You as a Program Account (“Existing Accounts”) are only eligible for the Existing Account Discount, and this discount percentage will be confirmed to You by First Distribution, only once First Distribution has received corresponding confirmation from AWS. You are obligated to ensure that First Distribution is made aware of your intent to designate a Program Account before the linking/on-boarding of an Existing Account can take place.
| Existing Account Discount | |
| Existing Account Discount | |
| Eligible Program Accounts | Up to 1% |
3.3.2.2. Authorized Services on your Program Accounts for which the monthly fees are less than $50,000 but greater than or equal to $1,000 in total in the month preceding its designation by You as a Program Account are eligible for the Base Discount and, as applicable, the Technical Capability Discount, each as described above.
3.2.3. Authorized Services on your Program Accounts for which the monthly fees are less than $1,000 in total monthly fees in month preceding its designation as a Program Account are eligible for the Base Discount, New Business Discount, and as applicable the Technical Capability, as described above.
3.4. AUTHORIZED SERVICE DISCOUNTS
3.4.1. AWS Support
3.4.1.1. AWS Resold Support on Your AWS Resold Support Accounts are eligible for the applicable discount set forth in the AWS Support Discount table below which will be in lieu of the Standard Discount.
3.4.1.2. Your monthly AWS Support fee is calculated using the standard fees and charges for AWS Support described at https://aws.amazon.com/premiumsupport/pricing (and any successor or related locations designated by AWS), reduced by the applicable discount.
3.4.1.3. AWS Support Discount table:
| AWS Support Discount | ||||
| AWS Support Level | AWS Resold Support Discount | |||
| Basic | n/a | |||
| Developer | n/a | |||
| Business | Registered | 2% | ||
| Select | 3% | |||
| Advanced | 6% | |||
| Advanced + | 12% | |||
| Enterprise | % | |||
3.4.2. Eligibility Requirements:
3.4.2.1. AWS Resold Support: You qualify to provide AWS Resold Support from the day You are on-boarded onto First Distribution’s organization.
3.4.3. Updated Partner Scorecard:
The Partner Scorecard is located on APN Partner Central. The Partner Scorecard contains APN partner-specific performance and quality data related to each Tiered AWS Support Discount. The Partner Scorecard will enable You to track performance and make operational adjustments as necessary to meet Tiered AWS Support Discount requirements. The Partner Scorecard will be updated on a regular basis.
3.4.4. Eligible AWS Services
3.4.4.1. Discount Eligible Services:
Only Services that are Authorized Services are eligible for the Discount. The list of Authorized Services is available at https://s3-us-west-2.amazonaws.com/solution-provider-program-legal-documents/Solution+Provider+Program+List+of+Services.pdf (and any successor or related locations designated by AWS), as may be updated by AWS from time to time.
3.4.4.2. Non-Eligible Services:
You may receive authorization to resell a Service that is not an Authorized Service only if You meet the applicable additional requirements. For more information on reselling Services that are not Authorized Services, please contact First Distribution.
3.5. INTERNAL USE DISCOUNT
Authorized Services on Program Accounts that are for You, Your Affiliate’s internal use (“Internal Use Accounts”) are only eligible for the Internal Use Discount set forth in the table below. Internal Use Accounts must be designated as such by Reseller at such point the account is added to the program.
| Internal Use Discount | |
| Internal Use Discount | |
| Eligible Program Accounts | Up to 1,5%* |
*If more than 20% of Your total aggregate monthly fees for Program Accounts are incurred on Internal Use Accounts, First Distribution and/or AWS (at their sole discretion) may reduce Your Internal Use Discount to zero.
4. AWS Promotional Credit Terms & Conditions
Last Updated: June 1, 2021
These AWS Promotional Credit Terms and Conditions (these “Terms”) are an agreement between you and Amazon Web Services, Inc. (or its affiliate as noted in Section 14 below) (“AWS,” “your AWS contracting entity,” “us,” “our,” or “we”) and govern your use of any AWS promotional credit (“Promotional Credit”). You must have a valid AWS account to redeem a Promotional Credit code. Capitalized terms used but not defined in these Terms will have the meanings set forth in the agreement between you and your AWS contracting entity governing your use of the Services (the “Agreement”).
1. Promotional Credit will be applied only to offset eligible fees and charges incurred during or following the billing cycle in which you apply the applicable Promotional Credit code to your AWS account. Promotional Credit will be applied only to the specific Services designated by your AWS contracting entity (collectively, “Eligible Services”). Promotional Credit will not be applied to any fees or charges for Amazon Mechanical Turk, AWS Managed Services, Ineligible AWS Support, AWS Marketplace, AWS Professional Services, AWS Training, AWS Certification, Amazon Route 53 domain name registration or transfer, any Services for mining for cryptocurrency, any other Services as may be designated by your AWS contracting entity, or any upfront fee for any Services such as Savings Plans and Reserved Instances (collectively, “Ineligible Services”). For purposes of this Section 1, “Ineligible AWS Support” means AWS Support (as described on the AWS Site) that is at the Enterprise Support level.
2. Promotional Credit will not be applied to your AWS account until you redeem your Promotional Credit code through the AWS Site or as otherwise directed by us. Each Promotional Credit code can only be redeemed once and only on one AWS account. Your AWS account will be billed for all fees and charges for use of any Eligible Services in excess of the amount of available Promotional Credit.
3. You may not sell, license, rent, or otherwise transfer Promotional Credit. Promotional Credit may be applied only to your own AWS account. Promotional Credit has no intrinsic value, is not redeemable for cash, has no cash value, is nonrefundable, and serves merely as a means to provide an incentive to use our Services. Promotional Credit may not be purchased for cash, and we and our affiliates do not sell Promotional Credit.
4. Promotional Credit is void in the event of fraud, misuse, or violation of any terms of the Agreement, these Terms, or the terms of the agreement, promotion, or program pursuant to which you received the Promotional Credit. Promotional Credit is void if sold for cash or other consideration. Any Promotional Credit applied to AWS accounts that are determined by AWS to have been created solely for the purpose of obtaining Promotional Credit is void. In addition to any other legal relief available to us, you will reimburse us for the amount of any Promotional Credit you use in violation of these Terms.
5. By accepting Promotional Credit, you represent and warrant that your receipt and use of Promotional Credit is not prohibited or inconsistent with any applicable laws, regulations, or binding orders (including applicable ethics or procurement rules) and will not create a conflict of interest for your AWS contracting entity.
6. If you are a federal government entity or other entity that is subject to special rules governing your receipt of Promotional Credit, you may not use or receive Promotional Credit directly from your AWS contracting entity unless agreed by us in writing.
7. Unless authorized by us, Promotional Credit may not be used in conjunction with any other promotional or incentive offer from us or our affiliates.
8. Promotional Credit will not be applied against any sales, use, gross receipts, or similar transaction based taxes that may be applicable to you.
9. You may not issue any press release or make any other public disclosure regarding Promotional Credit without our prior written consent. In addition, you agree not to misrepresent or embellish the relationship between us and you. For example, you agree not to imply that we support, sponsor, or endorse you unless you have our prior written permission to do so.
10. Promotional Credit is valid for a limited time only and cannot be redeemed after the expiration date indicated when you receive the applicable Promotional Credit code (or such other date designated by us or in these Terms). Redeemed Promotional Credit will be applied to offset eligible fees and charges incurred during the entire billing cycle in which it expires. Failure to redeem Promotional Credit before its expiration date will result in its forfeiture. We reserve the right to cancel Promotional Credit at any time. No refunds will be granted for any expired or cancelled Promotional Credit.
11.
(a) Promotional Credit provided under the Cloud Credits for Nonprofits Program expires one year from the earlier of the date you receive the Promotional Credit code or when we deposit the Promotional Credit in your AWS account. Promotional Credit provided under the Cloud Credits for Nonprofits Program can only be provided to AWS accounts registered with the nonprofit institution’s domain name. Your AWS contracting entity is permitted to use your name and likeness in furtherance of the Cloud Credits for Nonprofits Program and to identify you as a Promotional Credit recipient and AWS customer.
(b) Promotional Credit provided under the AWS Cloud Credits for Research Program expires one year from the earlier of the date you receive the Promotional Credit code or when we deposit the Promotional Credit in your AWS account. Promotional Credit provided under the AWS Cloud Credits for Research Program can only be used to support academic research or research-focused projects. Promotional Credit provided under the AWS Cloud Credits for Research Program cannot be used for internal administrative workloads. Your AWS contracting entity is permitted to use your name and likeness in furtherance of the AWS Cloud Credits for Research Program and to identify you as a Promotional Credit recipient and AWS customer.
12. You agree to maintain in strict confidence any data or information relating to the Service Offerings that you discover, derive, develop, or otherwise learn about through your use of the Service Offerings. This includes, but is not limited to, data or information relating to the Service Offering’s security and any suggested improvements to the Service Offerings.
13. We may modify these Terms at any time by posting a revised version on the AWS Site or by sending you an email using the email address provided in your application for Promotional Credit. The modified Terms will become effective upon posting or, if we notify you by email, as stated in the email message. By receiving or using Promotional Credit after the effective date of any modification to these Terms, you agree to be bound by the modified Terms. We last modified these Terms on the date listed at the top of this page.
14. Notwithstanding anything to the contrary in these Terms, if you redeem a Promotional Credit code or otherwise use Promotional Credit on an AWS account with an affiliate of Amazon Web Services, Inc. as your AWS contracting entity under your Agreement, the Promotional Credit will be deemed to be offered by that affiliate and references to “AWS,” “your AWS contracting entity,” “us,” “our,” and “we” will be references to that affiliate.