Common use of Upfront Model Clause in Contracts

Upfront Model. HPE sells to T1 Partner at Big Deal Net Price or % off HPE List Price. a) T2 Partner must have the End-User purchase order (“PO”) prior to submitting purchase order to HPE or to T1 Partner. T1 Partner that sells directly to an End-User must have the End-User purchase order (“PO”). b) HPE may request immediate delivery of End-User PO prior to order acceptance and/or delivery. c) T1 Partner is required to identify T2 Partner so that HPE can contact T2 Partner for Back End End-User Validation. d) T2 Partner as well as T1 Partners that sell directly to End-Users are responsible for fulfilling the obligations under Section four (4) for Back End End-User Validation even in the case of multiple tiers. e) T1 Partner must confirm shipment of the Upfront Discounted Products and/or Support under each Won Deal via HPE PDAR process. When a T1 Partner uses existing inventory to fulfill an order that is subject to an End-User Special Negotiated Discount then prior to HPE’s shipment to T1 Partner of products and/or support ordered against the Won Deal, the T1 Partner must ensure all details of inventory used to fulfill the Won Deal (e.g. product number, quantity, localization) correspond to the order from T1 Partner to HPE (i.e. stock segregation by PO number within T1 Partner warehouse). T1 Partner must provide a copy of the shipment invoice when required by HPE and that shipment invoice must be consistent with the Won Deal. Partner may exclude any information relating to its resale prices or to other vendors in any documents provided to HPE. f) Products and/or Support must be delivered to the End-User within sixty (60) days after the expiration date of the Won Deal. Exceptions must be granted in writing by HPE prior to the end of the sixty (60) day period.