IBM BUSINESS PARTNER AGREEMENT/
IBM SOLUTIONS PROVIDER
AGREEMENT
IBM Business Partner Agreement for Solution Providers
1. Marketing Approval
As our IBM Business Partner-Solution Provider, we approve you under the
terms of this Agreement to market to End Users Products and Services specified
in this Agreement. As our Remarketer, you acquire such Products and Services
from an IBM Distributor. When approved as a Solution Provider under a
remarketer relationship, you may also be approved under a complementary
marketing relationship. If we approve you to market the same Product and
Service under both remarketer and complementary marketing terms, all
transactions or business segment by providing your IBM Distributor a signed IBM
Business Partner Statement of Election. If you meet the requirements of the
Marketing Approval section of the Complementary Marketing Terms Attachment for
Solution Providers, you may participate under those terms.
2. Definitions
End User is anyone, who is not part of the Enterprise of which you are
a part, who uses Services or acquires Products for its own and not for resale.
Enterprise is any legal entity and the subsidiaries it owns by more than
50%.
Machine is machine, its features, conversions, upgrades, elements,
accessories, or any combination of them. The term "Machine" includes an IBM
Machine and any non-IBM Machine (including other equipment) that we approve you
to market.
Product is a Machine or Program.
Program is an IBM Program or non-IBM Program provided under its
applicable license terms, that we approve you to market.
Service is the performance of a task, provision of advice and counsel,
assistance, or access to a resource that we approve you to market.
3. Value Added Enhancement
For Products we specify to your IBM Distributor, you are required to have
a solution which is a value added enhancement that we approve and specify and
which significantly adds to the Product's function and capability. You agree to
market Products and Services only with your approved value added enhancement as
part of an integrated solution for End Users. Certain Products we specify do
not require a value added enhancement.
In the event we withdraw approval of your value added enhancement, we
also withdraw your approval as an IBM Business Partner for that value added
enhancement.
We may, at any time, modify the criteria for approval of your value
added enhancement. You are responsible to modify your value added enhancement to
meet these criteria.
You agree to market Products,including processor upgrades requiring a
processor serial number change, only to End Users for whom your value added
enhancement is their primary reason for acquiring th e Products. A sale to an
End User without a value added enhancement, when required, is a material breach
of the Agreement.
However, your value added enhancement is not required to be the End
Users primary reason for acquiring upgrades to systems you previously installed
with your enhancement and where your enhancement is still in productive use.
Upgrades include processor upgrades (non-serial number change), peripherals and
programs.
Unless we specify otherwise in writing, you may market upgrades only to
those End Users where you have installed your value added enhancement, and who
intend on-going use of that value added enhancement.
4. Our Relationship
Each of us agrees that:
1. each of us is responsible for our own expenses regarding fulfillment
of our responsibilities and obligations under the terms of this Agreement;
2. neither of us will assume or create any obligations on behalf of the
other or make any representations or warranties about the other, other than
those authorized;
3. neither of us will bring a legal action against the other more than
two years after the cause of action arose unless otherwise provided by local law
without the possibility of contractual waiver;
4. failure by either of us to insist on strict performance or to
exercise a right when entitled does not prevent either of us from doing so at a
later time, either in relation to that default or any subsequent one; and
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5. IBM may change the terms of this Agreement on one month's written
notice. Otherwise, for any other change to be valid, both of us must agree
in writing. Changes are not retroactive. Additional or different terms in a
communication from you are void;and
6. IBM reserves the right to assign, in whole or in part, this
Agreement to any other IBM related company.
5. Your Responsibilities To IBM
You agree:
1. to develop a mutually acceptable business plan with us or your IBM
Distributor, as we specify, if we require one. Such plan will document your
marketing plans as they apply to our relationship. IBM or your IBM Distributor
will review the plan, at a minimum, once a year;
2. that, unless precluded by applicable law, if we specify a minimum
annual attainment, one of the requirements for you to retain this relationship
is that you achieve such attainment;
3. to provide us, or our representative with access to your facilities
in order for us to fulfill our obligations and to review your compliance with
the Agreement;
4. if you acquire Products you are approved to market from your
Distributor for demonstration, development, and evaluation purposes, to use such
Products primarily in support of your Product marketing activities and to retain
such Products for twelve months from the Date of Installation of the Products,
unless specified otherwise for specific Products by your Distributor. If you
acquire Products you are approved to market from your Distributor for internal
use, to use such Products only within your Business Partner operations. Any
value added enhancement or system integration services otherwise required by
your relationship is not applicable when you acquire products for internal use.
You must retain such Products for a minimum of twelve months unless otherwise
specified by your Distributor;
5. to comply with all terms regarding Program upgrades;
6. your rights under this Agreement are not property rights and,
therefore, you can not transfer them to anyone else or encumber them in any way;
7. to maintain the criteria we specified when we approved you;
8. for a Program requiring the End User's signature on the Program's
license agreement, to obtain the signature before providing the Program to End
User, and return any required documentation to your IBM Distributor (all other
Programs are licensed under the terms of the agreement provided with them);
9. to retain records of eac Product and Service transaction (for
example, a sale, a credit or a warranty claim) for three years and provide us
relevant records on request. We may reproduce and retain copies of these
records;
10. to provide information, including installation reporting, to us or
your IBM Distributor, as we require your Distributor to provide to us;
11. to report to us any suspected Product defects or safety problems,
and to assist us in tracing and locating Products;
12. that the products and deliverables you market in conjunction with
IBM Products and Services are Year 2000 Ready. A product (for example, a
machine or program) or a deliverable is Year 2000 Ready if the product of
deliverable, when used in accordance with its associated documentation, is
capable of correctly processing, providing and/or receiving date data within and
between the twentieth and twenty-first centuries, provided that all products
used with the product or deliverable properly exchange accurate date data with
it;
13. if during our review of your compliance with your Business Partner
Agreement with us, we find that you have materially breached the terms of this
Agreement, then in addition to IBM's remedies under the terms of this Agreement,
you may be subject to restitution of discount or other financial penalties under
the terms of your agreement with your IBM Distributor; and
14. to comply with the highest ethical principles in performing under
the Agreement. You will not offer or make payments or gifts (monetary or
otherwise) to anyone for the purpose of wrongfully influencing decisions in
favor of IBM, directly or indirectly. IBM may terminate this Agreement
immediately in case of a) a breach of this clause or b)when IBM reasonably
believes such a breach has occurred.
6. Your Responsibilities To End Users
You agree to:
1. be responsible for customer satisfaction and to participate in
customer satisfaction programs as we determine;
2. refund the amount paid for a Product returned to you because the End
User returned it to you under the terms of its warranty or did not accept the
terms of the licence or a money-back guarantee we offer End Users. You may
return such Products to the IBM Distributor from whom you acquired them, for
credit;
3. develop a plan agreed to by the End User, for installation and post
installation support for the offering you market. For Products and Services we
approve you to market, support includes your being the primary contact for
Product information, technical advice and operational advice associated with the
offering. You may delegate these support responsibilities for Products and
Services, and any other associated products, to another IBM Business Partner who
is approved to market such Products. If you do, you retain customer satisfaction
responsibilities. Alternatively, such support responsibilities will be provided
by IBM if you market the applicable IBM Services to the End User. If you do, we
assume customer satisfaction responsibilities for such support;
4. provide a dated written record, such as a sales receipt or
an invoice, which specifies the End User's name, the part number or Machine
type/model, and serial number if applicable;
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5. inform your End User , in writing, who the warranty provider is, if
other than yourself, and of any other applicable Warranty information, as well
as any modification you or the IBM Distributor make to a Product and advise that
such modification may void the warranty;
6. inform your End User that the sales receipt (or other documentation
we may specify, such as Proof of Entitlement if it is required) will be
necessary for proof of warranty entitlement and for Program upgrades;
7. provide to your End Users the Program Services the IBM Distributor
provides to you; and
8. assist the End User to achieve productive use of your solution and
the Products and Services you marketed.
7. Status Change
You agree to give us prompt written notice (unless precluded by law or
regulation) of any substantive change of anticipated change to the information
supplied in your application. Upon notification of such change, (or in the
event of failure to give notice of such change) IBM may, at its sole discretion,
immediately terminate this Agreement.
8. Marketing Funds and Promotional Offerings
We may provide marketing funds and promotional offerings. If we do, you
agree to use them according to our guidelines and to maintain records of your
activities regarding the use of such funds and offerings for three years. We may
withdraw or recover marketing funds and promotional offerings from you if you
breach any terms of the Agreement. Upon notification of termination of the
Agreement, marketing funds and promotional offerings will no longer be available
for use by you, unless we specify otherwise in writing.
9. Production Status
Each IBM Machine is manufactured from new parts, or new and used parts.
In some cases, the IBM Machine may not be new and may have been previously
installed. Regardless of the IBM Machine's production status, our appropriate
warranty terms apply. You agree to inform you End User of these terms, in
writing. Warranty information is available from your IBM Distributor.
10. IBM Warranty Service
If we approve you to provide IBM Warranty Service, you agree to do so
for those Products specified and according to the guidelines provided to you.
11. Marketing of Services
The following are the conditions under which you may market Services,
which your Distributor makes available to you:
1. if you marketed a Product to the End User; or
2. regardless of whether you marketed a Product to the End User, you
may market the Services we specify in this Agreement.
You may market Services on eligible non-IBM Products regardless of
whether you marketed a Machine or Program to the End User.
Marketing of Service for a Fee
If you market an IBM Service which is eligible for a fee and which your
IBM Distributor makes available to you, we will pay the fee to your IBM
Distributor. Alternatively, if such IBM Service is not available from your IBM
Distributor, but is available to you from us, we will pay the fee to you.
In either case we pay the fee when 1) you identify the opportunity and
perform the marketing activities, 2) you provide the order and any required
documents signed by the End User, and 3) a standard Statement of Work is used
and there are no changes, and no marketing assistance from us is required.
Additionally, for Services we specify, and which are not available from
your IBM Distributor, we will pay you a fee when you provide us a lead and the
following criteria are met: 1) it is submitted on the form we provide to you,
2) it is for an opportunity which is not known to us, and 3) it results in the
End User ordering the Service from us within six months from the date we
receive the lead from you.
We will not pay you the fee if 1) the machine or program is already
under the applicable Service, 2) we have an agreement with the End User to place
the machine or program under the applicable Service, or 3) the Service was
terminated by the End User within the last six months.
Remarketing of Services
We provide terms in an applicable Attachment governing your remarketing
of Services the End User purchases from you and which we perform under the terms
of the IBM Service agreement signed by the End User.
Shrink-wrap Services are performed under the terms of the agreement
provided with them. If the terms of the agreement are not visible on the
shrink-wrap package, you agree to provide (or, if applicable, request your
Remarketer to provide) the Services terms to the End User before such Services
are acquired by the End User.
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12. Marketing of Financing
We may approve you in this Agreement, to market our Financing Services
for Products and Services and any associated products and services you market to
the End User. If you market our Financing Services, we will pay a fee if
specified in the Business Partner Financing Fee Schedule.
We provide Financing Services to End Users under the terms of our
applicable agreements signed by the End User. You agree, that for the items
that will be financed, 1) you will promptly provide us, or your Distributor, as
we specify, any required document including invoices, with serial numbers if
applicable, 2)the supplier will transfer clear title to us, and 3) you will not
transfer to us any obligations under your agreements with the End User.
We will make payment for the items to be financed when the End User has
initiated financing and acknowledged acceptance of the items being financed.
Payment will be made to you, your Distributor, or the supplier, as appropriate.
13. Export
You may actively market Products and Services only within the geographic
scope specified in this Agreement. You may not market outside this scope, and
you agree not to use anyone else to do so. If a customer acquires a Product for
export, our responsibilities, if any, under this Agreement no longer apply to
that Product unless the Product's warranty or license terms state otherwise. You
agree to use your best efforts to ensure that your customer complies with all
export laws and regulations including those of the United States and the country
specified in the Governing Law Section of this Agreement, and agree to provide
us with the customer's name and address, Machine type/model, and serial number
if applicable, date of sale, and destination country. We exclude these Products
from any of your attainment objectives and qualification for applicable
promotional offerings and marketing funds.
14. Licensed Internal Code
Machine ("Specific Machines") containing Licensed Internal Code will be
identified to you by the IBM Distributor. We grant the rightful possessor of a
Specific Machine a license to use the code (or any replacement we provide) on,
or in conjunction with, only the Specific Machine, designated by serial number,
for which the code is provided. We license the code to only one rightful
possessor at a time. You agree that you are bound by the terms of the separate
license agreement that is provided to you.
Your Responsibilities
You agree to inform your customer and record on the sales receipt, that
the Machine you provide is a Specific Machine. The license agreement must be
provided to the customer before the sale is finalized.
15. Machine Code
For certain Machines we may provide basic input/output system code,
utilities, diagnostics, device drivers, or microcode (collectively called
"Machine Code"). This Machine Code is licensed under the terms of the ageement
provided with it. You agree to ensure the End User is provided such agreement.
16. Trademarks
We will notify you in written guidelines of the IBM Business Partner
title and emblem which you are authorized to use. You may not modify the emblem
in any way. You may use our Trademarks (which include the title, emblem, IBM
Trademarks and service marks) only:
1. within the geographic scope of this Agreement;
2. in association with Products and Services we approve you to market;
and
3. as described in the written guidelines provided to you.
The royalty normally associated with non-exclusive use of the Trademarks
will be waived, since the use of this asset is in conjunction with marketing
activities supporting sales of Products and Services.
You agree to promptly modify any advertising or promotional materials
that do not comply with our guidelines. If you receive any complaints about
your use of a Trademark, you agree to promptly notify us. When this Agreement
ends, you agree to promptly stop using our Trademarks. If you do not, you agree
to pay any expenses and fees we incur in getting you to stop.
You agree not to register or use any mark that is confusingly similar
to any of our Trademarks.
Our Trademarks, and any goodwill resulting from your use of them, belong
to us.
17. Liability
Circumstances may arise where, because of a default or other liability,
one of us is entitled to recover damages from the other. In each such instance,
regardless of the basis on which damages can be claimed, the following terms
apply as your exclusive remedy and our exclusive liability.
We are responsible for the amount of any loss or damage, up to the
greater of $100,000 or the charges (if recurring, 12 months' charges apply) for
the Product that is the subject of the claim.
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Under no circumstances (except as required by law) are we liable for
third-party claims against you for damages, or for special, incidental, or
indirect charges, or for any economic consequential damages (including lost
profits or savings) even if we are informed of their possibility.
In addition to damages for which you are liable under law and the terms
of this Agreement, you will indemnify us for claims made against us by others
(particularly regarding statements, representations or warranties not authorized
by us) arising out of your conduct under this Agreement or as a result of your
relations with anyone else.
18. Electronic Communications
Each of us may communicate with the other by electronic means, and such
communication is acceptable as a signed writing to the extent permissible under
applicable law. Both of us agree that for all electronic communications, an
identification code (called a "user ID") contained in an electronic document is
sufficient to verify the sender's identity and the document's authenticity.
19. Confidential Information
This section comprises a Supplement to the IBM Agreement for Exchange of
Confidential Information (AECI). "Confidential Information" means:
1. all information IBM marks or otherwise states to be confidential
2. any of the following prepared or provided by IBM:
a. sales leads,
b. information regarding End Users,
c. unannounced information about Products and Services,
d. business plans or,
e. market intelligence, and
3. any of the following written information you provide to us on our
request and which you ▇▇▇▇ as confidential
a. reporting data,
b. financial data, or
c. the business plan.
All other information exchanged between us is nonconfidential, unless
disclosed under a separate Supplement to the IBM Agreement for Exchange of
Confidential Information.
20. Ending the Agreement
Regardless of the contract duration specified in the "Details of Our
Relationship" Section, or any renewal period in effect, either of us may
terminate this Agreement, with or without cause, on three months' written
notice. If, under applicable law, a longer period is mandatory, then the notice
period is the minimum notice period allowable.
If we terminate for cause we may, at our discretion, allow you a
reasonable opportunity to cure. If you fail to do so, the date of termination
is that specified in the notice.
However, if either party breaches a material term of the Agreement, the
other party may terminate the Agreement on written notice. Examples of such
breach by you are if you do not maintain customer satisfaction; if you repudiate
this Agreement; or if you make any material misrepresentations to us. You agree
that our only obligation is to provide the notice called for in this section and
we are not liable for any claims or losses if we do so.
If the relationship between you and your named IBM Distributor ends, or
the relationship between IBM and that Distributor ends, and you reapply with a
new IBM Distributor to continue as our Business Partner, you must notify us
within two months of the name of your new IBM Distributor. We will review your
application to acquire Products from this IBM Distributor and advise the new IBM
Distributor when the application is approved.
You agree that if we permit you to perform certain activities after this
Agreement ends, you will do so under the terms of this Agreement.
21. Geographic Scope
All the rights and obligations of both of us are valid only in the
United States and Puerto Rico.
22. Governing Law
The laws of the State of New York, without regard to conflict of laws
principles, govern this Agreement.
The "United Nations Convention on th International Sale of Goods" does
not apply.
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DETAILS OF OUR RELATIONSHIP
Contract Start Date 06/01/99 Duration 24 months
Unless we specify otherwise in writing, the Agreement will be renewed
automatically for subsequent two year periods. Each of us is responsible to
provide the other three months' written notice if the Agreement will not be
renewed.
Products and Services you are approved to market:
You acquire Products and Services you market from the IBM Distributors
specified (personal computer Products may be acquired from IBM approved
Distributor).
Products
Approved to
Value Added Approved to Market Under
Enhancement Market Under Complementary
Required Remarketer Marketing Distributor Name
(yes/no) Terms Terms and Effective Date
RS/6000 yes yes no PIONEER-STANDARD ELECTRO
------- ---------- ----------- ------------- ------------------------
Services
If you are approved to market the following Services, you may do so
without the requirement to have marketed a Machine or Program to the End User.
----------------------------------- -----------------------------------------
----------------------------------- -----------------------------------------
Additional Terms
For each Attachment for which you are approved, each of us agrees to the
terms of the following by signing this Agreement. Copies of the Attachments are
included.
Approved Attachment
(yes/no)
Attachment for Services Marketing for Solution Provider or Reseller yes Z125-5749-00 11/97
Complementary Marketing Terms Attachment for Solution Provider no Z125-5776-00 03/98
Attachment for Finance Services from IBM Credit Corporation yes Z125-5795-02 05/99
Federal Remarketer Attachment yes Z125-5514-01 02/99
Federal Certification Attachment no Z125-5515-02 04/99
Minimum Annual Attainment
When the following Section is completed, you agree to meet the
following:
Product Minimum Annual Measurement
Attainment Period Dates
Volume/Revenue
RS/6000 $100,000 06/01/99 to 05/31/00
$100,000 06/01/99 to 05/31/00
Value Added Enhancement
Value added enhancement description:
--------------------------------------------------------------------------------
See attached (VAEATT)
--------------------------------------------------------------------------------
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Locations:
Loc. ID Location (street address, city, state,ZIP code)
19498 ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Loc. ID Location (street address, city, state, ZIP code)
26761 ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇
▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
Loc. ID Location (street address, city, state, ZIP code)
26752 ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ #▇▇▇
▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
This Agreement is the complete agreement regarding this relationship,
and replaces any prior oral or written communications between us. Once this
Agreement is signed, 1) any reproduction of this Agreement made by reliable
means (for example, photo copy or facsimile) is considered an original, to
extent permissible under applicable law, and 2) all Products and Services you
market and Services you perform under this Agreement are subject to it. If you
have already signed an Agreement for Exchange of Confidential Information
(AECI), your signature on this Agreement includes your acceptance of the AECI.
Date received by IBM_________ Revised Agreement(Y/N) No
Agreed to: Design Automation Systems Agreed to: IBM Corporation
(IBM Business Partner name) (IBM Corporation)
/s/ ▇▇▇▇ ▇. ▇▇▇▇▇
By:__________________________ By:___________________________
(Authorized Signature) (Authorized Signature)
Name (type or print): Name (type or print)
▇▇▇▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇
Date: 08-25-99 Date:
IBM Business Partner Address: IBM Address:
▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇
▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇
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IBM Business Partner Agreement
Attachment for Services Marketing
for Solution Provider or Reseller
The following terms govern your marketing of Services you acquire from
your IBM Distributor and which the End User purchases from you and which we
perform under the terms of the IBM Agreement for Services Acquired from an IBM
Business Partner (IBM Service Agreement). We provide additional terms to you,if
any, in specific Service Attachments, or transaction documents.
1. IBM Services
Services may be either standard offerings or customized to the End
User's specific requirements. Each Service transaction may include one or more
Services that:
1. expire at task completion or an agreed date;
2. automatically renew as another transaction with a specified contract
period. Renewals will continue until the service is terminated; or
3. do not expire and are available for use until either of us
terminates the Service, or we withdraw the Service.
If we make a change to the terms of a renewable Service that affects the
End Users current Service Agreement contract period and the End User considers
it unfavorable and you advise your Distributor, who is responsible to advise us
in writing, we will defer the change until the end of the contract period.
2. Service Charges
Prepaid Services must be used within the applicable contract period. If
we withdraw a Service which has been prepaid,and we have not fully provided such
Service, we will give a prorated refund to your Distributor. Otherwise, we do
not give credits or refunds for unused prepaid Services.
If an End User is eligible for a credit under the terms of the IBM
Service Agreement (for example,a satisfaction guarantee credit, or a credit for
withdrawn Services not fulfilled), you agree to ensure the applicable credit is
issued to the End User. Your Distributor will issue the appropriate credit to
you.
You may market Services we make available to your Distributor on a
recurring-charge basis, only on a recurring charge basis.
3. Notices
Each of us agrees to give the other a copy, through your Distributor, of
notices or requests received from or sent to an End User, applicable to the IBM
Service Agreement.
You agree to ensure certain Service Attachments and transaction
documents, if any, are made available to End Users for their signature, if
required. Such documents may have terms in addition to those we specify in the
IBM Service Agreement.
4. Services Requirements Changes
During the Service period you may update the requirements, including
adding Products to be covered by the Service requirements. We will adjust our
invoicing to you Distributor accordingly. Check with your Distributor to
determine if you will incur an additional charge.
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5. Termination of Services
If either IBM or the End User does not meet its obligations concerning a
Service, the other party may terminate the Service. We will inform your
Distributor of any such termination.
You may terminate an expiring or renewable Service transaction. Check
with your Distributor to determine if you will incur a charge for such
termination.
For a Service the End User terminates, you agree to ensure we are provided
one month's written notice from the End User. For a Service you decide to
terminate, you agree to provide one month's written notice to us and the End
User.
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IBM Business Partner Agreement
Attachment for Financing Services
From IBM Credit Corporation
The terms of this Attachment modify or are in addition to a prevail over
the IBM Business Partner Agreement-General Terms, the IBM Business Partner
Agreement for Solution Providers, and the IBM Business Partner Agreement for
Resellers, as applicable. "We" refers to IBM Credit Corporation.
If you are an IBM Distributor, any term regarding your activities or
responsibilities with an End User may be performed by you. Alternatively, such
activities may be performed by your IBM approved Solution Provider or Reseller,
as applicable. In such case, you are responsible to ensure the Solution
Provider or Reseller has been approved under the terms of this Attachment.
1. Appointment as Agent
We appoint you as our agent under the terms of this Attachment solely
for the purpose of offering to End Users IBM Credit Corporation financial
products ("Financing Services")for Products and Services and any associated
products and services you market, and to advertise availability of our
offerings; both subject to terms in this Attachment including its attached
Exhibit "A".
This relationship between you and us is that of agent and principal,
and is not a joint venture, partnership, employer/employee relationship or a
joint enterprise of any kind. Except as specifically permitted herein, neither
of us is permitted to represent the other, bind the other by its own acts, or
control the manner, means or prices of such other's business.
2. Our Relationship
Responsibilities
Each of us agrees that:
a. we reserve the right, without liability to you, to discontinue or
vary availability of Financing Services to you, a specific End User or End Users
generally;
b. we reserve the right for any reason not to accept all or part of any
proposed Financing Services proposal;
c. we may issue, without notice under this Attachment, additional
Exhibits, which will apply to Financing Services proposals you submit to us
following the effective date of such Exhibit;
d. we have no right to affect your pricing of Products and items which
are to be financed under this Agreement
e. you will not make any representations, warranties or promises of any
type on our behalf to End Users or any other parties, unless specifically
authorized by us; and
f. you have no authority to negotiate terms or conditions of our
financing agreements, or to change or alter any prices provided by us.
Other Responsibilities
You Agree:
a. to designate a point of contact within your organization who will
serve as the primary point of contact for matters relating to the business
relationship with us;
b. to present to each End User interested in obtaining financing for
information technology equipment and related programs and services, a Financing
Services proposal approved in advance by us. You will ensure that the End User
clearly understands that Financing Services are being provided directly from us
as lessor or, in the case of government or government sub-contractor End Users,
as financier. Unless we specify otherwise you will also attach a copy of our
standard financing agreement and make certain that the End User agrees that only
our terms will apply to the Financing Services being provided;
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c. to encourage participation in education which we provide for your
employees involved in the selling of our Financing Services;
d. to assist us in obtaining financial information we require from a
potential End User in order to perform a credit evaluation;
e. to provide administrative assistance to ensure completion of
transaction, e.g., provide us with information required to generate financing
rates and financing contracts, including hardware configurations and
descriptions of charges for programs and services, and ensure that documentation
we require to initiate the financing transactions is executed by the End User;
f. to make End Users aware that their signature on our financing
agreement is an offer looking to financing from us and is not binding on us
unless and until accepted by us in writing;
g. to comply with our procedures relating to financing originations,
including providing End Users, before obtaining their signatures, with the
current version of any financing agreement and documentation we supply, and
relevant IBM Credit customer brochures;
h. to resolve any End User issues or questions relating to supply and
performance of Machines, Programs, or Services arising during your relationship
with the End User;
i. to warrant to us that products to be sold by you and financed by us
are new and if not new, then identified as such and conveyed to us with good and
valid title, free of all encumbrances;
j. to warrant to us that you will remain fully responsible for
all warranty and similar obligations to the End User, in the same manner and to
the same extent as if the End User acquired the products from you without any
financing from us;
k. if you request that program costs or fees be included in the
Financial Services proposal and we approve and pay you directly, that all
obligations concerning the program and its use, remain between the End User and
either you or the program provider, and not us;
l. that, aside from the End User's obligation to pay us, no rights or
duties as to the program apply to us and you will take no action which
contradicts this;
m. to provide us with, or assist us in obtaining, your invoices and
invoicing documentation for all machines, programs and services being provided
to End User and financed by us. Invoices must accurately provide description of
the machines, programs and services, End User name, invoice number, purchase
amount and payee name and address;
n. to ensure your invoices or invoicing documentation accurately
provides machine's serial number, and the detail of the machines, programs and
services you have sold, along with the specific End User price associated with
each;
o. to report, collect and remit any taxes you are responsible for
levied in connection with your licensing programs, selling machines and
providing services;
p. to warrant to us that all services to be performed by you or your
designees and financed by us were bargained for by the End User and if for any
reason the services are not performed you will immediately notify us and we will
negotiate appropriate adjustments with you or the End User;
q. to ensure that no misleading or false representations are made in
relation to the Financing Services arrangements; and
r. to ensure that all advertising which references our offerings
conforms to the IBM Credit Advertising Guidelines for Business Partners, and to
review with us any advertising not conforming to such guidelines prior to
presentation.
We agree to:
a. designate a point of contact within our financing organization to
serve as the primary point of contact for you;
b. provide financing to your IBM Credit approved End Users for their
information technology equipment and related programs and services'
c. deliver financing proposals to you in a timely fashion;
d. provide appropriate educational offerings for your personnel in
order to help them more effectively market our Financing Service; and
e. provide payment of the documented purchase price and programs and
services charges for any financing transaction with the End User. Payment will
be made during the settlement period upon our receipt of the required
documentation.
Page 2 of 3
3. Remuneration
If we offer you fees for End User financing transactions under the terms
of this Attachment, we will specify such fees in Exhibit A.
4. Trademarks
Neither party shall have, without the other party's prior consent, the
right to use the other's trademarks or trade names, or to refer to the other
party directly or indirectly in connection with any product, promotion or
publication.
5. Termination of Appointment
You may terminate this appointment at any time by providing written
notice to us. We may terminate this appointment at any time by providing you
with 30 days prior written notice. We may terminate this Attachment if the
Business Partner Agreement between you and IBM ends. No further Financing
Services transaction initiated by you and submitted to us after we provide such
notice will qualify for the terms in this Attachment.
Page 3 of 3
IBM Business Partner Agreement
Federal Government Remarketer Attachment
These terms are in addition to or modify the Remarketer Terms
Attachment, the Remarketer Terms Attachment for Workstation Software, the
Business Partner Agreement for Solution Providers and the Business Partner
Agreement for Resellers. These terms apply only when you market Products and
Services to a Federal Government End User.
1. FEDERAL GOVERNMENT END USER
"Federal Government End User" includes federal government agencies or
any other entity listed in G8A Order ADM 4800.2D, including those entities
listed in Appendices A, B and C of the Order, and any successor Order which may
be published by the GSA in the Federal Register. The term Federal Government
End User also includes federal government cost reimbursement prime contractors
and management and operating contractors that receive proper authorization under
FAR part 51 from federal agencies to make federal purchases or acquisitions
where licenses granted and title to equipment vest in the Federal Government End
User.
2. TITLE
You may propose an integrated solution through a higher-tier federal
contractor in fulfillment of a specific government procurement where title to
the Machine passes ultimately to the federal government. In no event shall you
permit transfer of title for any Machine purchased under this Agreement to other
than federal government. Under no circumstances may you assign any of your
responsibilities under this Agreement to the Federal Government End User.
3. BUY AMERICAN ACT/TRADE AGREEMENTS ACT (BAA/TAA)
We make no representation or certification regarding the domestic or
foreign origin of Products we provide.
4. EXPORT OF PRODUCTS
When the federal government purchases Products and Services for its own
use outside the United States, (i.e., an embassy or military installation) they
count 1) toward your minimum annual attainment 2) toward determination of your
discount price if the Products and Services were acquired directly from IBM by
you or 3) for determining your marketing or promotional funds. Also, your
future allocations from IBM, if applicable, will not be affected. The warranty
for such Products will be voided unless the Product is returned to the United
States for warranty service. Title to the Products must reside with the United
States government, and the United States government must be responsible for the
Program licenses.
5. ENDING THE AGREEMENT
If we terminate the Agreement without cause, we will permit you to
continue to market under the terms of the Agreement for 90 days after the
termination date. You agree to promptly withdraw any bids that include Products
and Services which were anticipated to have been obtained under this Attachment
unless we agree to terms and conditions under the Federal Systems Integrator
(FSI) Program (or similar or successor program) for the bid as offered.
Page 5 of 5
IBM
VALUE-ADDED ENHANCEMENT ATTACHMENT
The following listing confirms the IBM approved Value-Added Enhancement
you are approved to remarket under the terms and conditions of your Business
Partner Agreement and Profile.
Design Automation System, Inc.
Product VAE Approval
Exhibit Date
------- ------------
RS60 08-20-99
SERVER CONSOLIDATION
VAE NAME: SERVER CONSOLIDATION
VAE NUMBER: T007
VAE CATEGORY: TECHNOLOGY SOLUTION
ELIGIBLE PRODUCTS:
* RS/6000 ALL MODELS (SOLUTION PROVIDER MUST BE APPROVED TO MARKET
RS/6000 SP MODELS)
* NO MES UPGRADES
MINIMUM VAE SOLUTION REQUIREMENTS:
* SALE AND IMPLEMENTATION OF AN APPROPRIATE SERVER WITH AT LEAST THREE
OF THE FOLLOWING SERVICES:
- WORKLOAD BALANCING AND SYSTEMS DESIGN/REQUIREMENTS
- CONSOLIDATION OF INTERNAL LOCAL AREA NETWORKS
- CONSOLIDATION OF EXTERNAL LOCAL AREA NETWORKS
- SIZING AND CONSOLIDATION OF APPLICATIONS
- CENTRALIZATION OF SYSTEMS MANAGEMENT FUNCTIONS
(I.E. SECURITY, BACKUP & RECOVERY)
- CENTRALIZATION OF SYSTEM MANAGEMENT TOOLS (I.E. TIVOLI, PSSP ON
CWS, CLUSTER SERVICES, ETC.)
- EACH SERVER CONSOLIDATION SERVICE MUST RESULT IN CONSOLIDATION
FROM MULTIPLE SERVERS TO A SINGLE LOGICAL SYSTEM OR A REDUCED
NUMBER OF LOGICAL SYSTEMS.
* BILLED VALUE MEASUREMENT REQUIRED: YES
* FACE-TO-FACE COVERAGE REQUIRED: YES
MINIMUM FIRM ELIGIBILITY REQUIREMENTS:
BUSINESS PARTNERS ARE REQUIRED TO READ THE ANNOUNCEMENT LETTER FOR THIS
VAE TO OBTAIN IMPORTANT INFORMATION RELATING TO "MINIMUM FIRM ELIGIBILITY
REQUIREMENTS" AND CERTIFICATION AND OTHER APPROVAL INFORMATION. VAE
ANNOUNCEMENTS ARE AVAILABLE IN BPLIBRARY OR IN IBMLINK. THIS VAE WAS ANNOUNCED
AS A CHANNEL COMMUNICATION, CC9807-118, AND ALSO AS AN IBM US BUSINESS PARTNER
ANNOUNCEMENT, 598-153.
Page 1 of 8
RS60 12-30-98
E-BUSINESS ELECTRONIC COMMERCE SOLUTIONS
VAE NAME: E-BUSINESS ELECTRONIC COMMERCE SOLUTION
VAE NUMBER: T003
VAE CATEGORY: TECHNOLOGY SOLUTION
ELIGIBLE PRODUCTS:
* AS/400 ENTRY AND GROWTH MODELS
* RS/8000 ALL MODELS (SOLUTION PROVIDER MUST BE APPROVED TO
RS/6000 SP MODELS)
* MES UPGRADES
MINIMUM VAE SOLUTION REQUIREMENTS:
* SALE AND IMPLEMENTATION OF AN ELIGIBLE PRODUCT WITH ELECTRONIC
COMMERCE SOLUTION:
- WEB SITE DESIGN AND DEVELOPMENT
- COMPLETION OF NETWORK SECURITY DESIGN PLAN
- INTERNET CONNECTIVITY
* BILLED VALUE MEASUREMENT REQUIRED: YES
* FACE-TO-FACE COVERAGE REQUIRED: YES
MINIMUM FIRM ELIGIBILITY REQUIREMENTS:
BUSINESS PARTNERS ARE REQUIRED TO READ THE ANNOUNCEMENT LETTER FOR
THIS VAE TO OBTAIN IMPORTANT INFORMATION RELATING TO "MINIMUM FIRM
ELIGIBILITY REQUIREMENTS" AND CERTIFICATION AND OTHER APPROVAL
INFORMATION. VAE ANNOUNCEMENTS ARE AVAILABLE IN BPLIBRARY ON IMBLINK.
THIS VAE WAS ANNOUNCED AS A CHANNEL COMMUNICATION, CC9807-115, AND
ALSO AS AN IBM US BUSINESS PARTNER ANNOUNCEMENT, 598-150 AND 598-226.
____________________________________
RS60 12-30-98
BUSINESS INTELLIGENCE
VAE NAME: BUSINESS INTELLIGENCE
VAE NUMBER: T001
VAE CATEGORY: TECHNOLOGY SOLUTION
ELIGIBLE PRODUCTS:
* AS/400 ENTRY AND GROWTH MODELS
* RS/6000 ALL MODELS (SOLUTION PROVIDER MUST BE APPROVED TO MARKET
RS/6000 SP MODELS)
* MES UPGRADES
Page 2 of 8
MINIMUM VAE SOLUTION REQUIREMENTS:
* SALE AND IMPLEMENTATION OF AN ELIGIBLE IBM PRODUCT WITH A BUSINESS
INTELLIGENCE SOLUTION, THAT INCLUDES AT LEAST TWO OF THE FOLLOWING
BUSINESS INTELLIGENCE FUNCTIONS:
- METADATA MANAGEMENT
- DATA EXTRACTION, TRANSFORMATION, AND REPLICATION
- DATA CLEANSING
- DATA WAREHOUSE OR DATA MART GENERATION AND MANAGEMENT
- DATA ACCESS VIA GRAPHICAL ANALYSIS
- OLAP (ONLINE ANALYTICAL PROCESSING)
- DATA MINING
* QUALIFIED AS/400 BUSINESS INTELLIGENCE ISV OFFERINGS ARE LISTED
IN ANNOUNCEMENT 598-226. ISV OFFERINGS NOT INCLUDED IN THE LIST
REQUIRE PRIOR APPROVAL BY IBM.
* QUALIFIED AS/6000 BUSINESS INTELLIGENCE ISV OFFERINGS ARE LISTED
IN ANNOUNCEMENT 598-226. ISV OFFERINGS NOT INCLUDED IN THE LIST
REQUIRE PRIOR APPROVAL BY IBM.
- VELOCITY FROM SYSTEMSOURCE
- INTELLIGENT MINER FOR AS/400
* QUALIFIED RS/6000 BUSINESS INTELLIGENCE APPLICATION TOOLS ARE TOO
NUMEROUS TO LIST. BUSINESS PARTNER APPLICATIONS MUST STATE ANY
APPLICABLE TOOLS AND THESE WILL BE REVIEWED AND APPROVED BY IBM.
* BILLED VALUE MEASUREMENT REQUIRED: YES
* FACE-TO-FACE COVERAGE REQUIRED: YES
MINIMUM FIRM ELIGIBILITY REQUIREMENTS:
BUSINESS PARTNERS ARE REQUIRED TO READ THE ANNOUNCEMENT LETTER FOR
THIS VAE TO OBTAIN IMPORTANT INFORMATION RELATING TO "MINIMUM FIRM
ELIGIBILITY REQUIREMENTS" AND CERTIFICATION AND OTHER APPROVAL
INFORMATION. VAE ANNOUNCEMENTS ARE AVAILABLE IN BPLIBRARY ON IBMLINK.
THIS VAE WAS ANNOUNCED AS A CHANNEL COMMUNICATION, CC9807-114, AND
ALSO AS AN IBM US BUSINESS PARTNER ANNOUNCEMENT, 598-149 AND 598-226.
_____________________________
RS60 08-20-99
COMPETITIVE SYSTEM CONVERSION
VAE NAME: COMPETITIVE SYSTEM CONVERSION
VAE NUMBER: G002
VAE CATEGORY: CUSTOMER GROWTH
ELIGIBLE PRODUCTS:
* AS/400 ENTRY AND GROWTH MODELS
* RS/6000 ALL MODELS (SOLUTION PROVIDER MUST BE APPROVED TO MARKET
RS/6000 SP MODELS)
* MES UPGRADES
Page 3 of 8
MINIMUM VAE SOLUTION REQUIREMENTS:
* SALES AND IMPLEMENTATION OF AN ELIGIBLE PRODUCT AND ASSOCIATED
OPERATING SYSTEM AT A CUSTOMER ENTERPRISE WHERE OPERATIONAL
PROGRAMS ARE CONVERTED AND PORTED FROM COMPETITIVE VENDOR'S
SYSTEM
* BILLED VALUE MEASUREMENT REQUIRED: YES
* FACE-TO-FACE COVERAGE REQUIRED: YES
MINIMUM FIRM ELIGIBILITY REQUIREMENTS:
BUSINESS PARTNERS ARE REQUIRED TO READ THE ANNOUNCEMENT LETTER FOR
THIS VAE TO OBTAIN IMPORTANT INFORMATION RELATING TO "MINIMUM FIRM
ELIGIBILITY REQUIREMENTS" AND CERTIFICATION AND OTHER APPROVAL
INFORMATION. VAE ANNOUNCEMENTS ARE AVAILABLE IN BPLIBRARY ON
IBMLINK. THIS VAE WAS ANNOUNCED AS A CHANNEL COMMUNICATION,
CC9807-113, AND ALSO AS AN IBM US BUSINESS PARTNER ANNOUNCEMENT.
598-148.
__________________________
RS60 12-31-98
NEW CUSTOMER
VAE NAME: NEW CUSTOMER
VAE NUMBER: G003
VAE CATEGORY: CUSTOMER GROWTH
ELIGIBLE PRODUCTS:
* AS/400 ENTRY AND GROWTH MODELS
* RS/6000 ALL MODELS (SOLUTION PROVIDER MUST BE APPROVED TO MARKET
RS/6000 SP MODELS)
* NO MES UPGRADES
MINIMUM VAE SOLUTION REQUIREMENTS:
* SALE AND IMPLEMENTATION OF AN ELIGIBLE PRODUCT AND ASSOCIATED
OPERATING SYSTEM AT A CUSTOMER ENTERPRISE WHERE THERE IS NO IBM
REQUISITE SYSTEM CURRENTLY INSTALLED OR ON ORDER
* REQUISITE SYSTEMS INCLUDE:
- AS/400
- RS/8000
- S/390
- S/36, S/38
* BILLED VALUE MEASUREMENT REQUIRED: YES
* FACE-TO-FACE COVERAGE REQUIRED: YES
MINIMUM FIRM ELIGIBILITY REQUIREMENTS:
BUSINESS PARTNERS ARE REQUIRED TO READ THE ANNOUNCEMENT LETTER FOR
THIS VAE TO OBTAIN IMPORTANT INFORMATION RELATING TO "MINIMUM FIRM
ELIGIBILITY REQUIREMENTS" AND CERTIFICATION AND OTHER APPROVAL
INFORMATION. VAE ANNOUNCEMENTS ARE AVAILABLE IN BPLIBRARY ON IBMLINK.
Page 4 of 8
THIS VAE WAS ANNOUNCED AS A CHANNEL COMMUNICATION, CC9807-113, AND
ALSO AS AN IBM US BUSINESS PARTNER ANNOUNCEMENT, 598-148.
_____________________________________
RS60 12-31-98
SOLUTION DEVELOPMENT
VAE NAME : SOLUTION DEVELOPMENT
VAE NUMBER: G004
VAE CATEGORY: CUSTOMER GROWTH
ELIGIBLE PRODUCTS:
* AS/400 ENTRY AND GROWTH MODELS
* RS/6000 ALL MODELS (SOLUTION PROVIDER MUST BE APPROVED TO MARKET
RS/6000 SP MODELS)
* MES UPGRADES
MINIMUM VAE SOLUTION REQUIREMENTS:
THE BUSINESS PARTNER MUST COMPLETE AT LEAST TWO OF THE FOLLOWING:
* IMPLEMENTATION, CUSTOMIZATION, TUNING/OPTIMIZATION AND INTEGRATION
OF APPLICATIONS DEVELOPED BY THE BUSINESS PARTNER, THE CUSTOMER,
OR AN INDEPENDENT SOFTWARE DEVELOPER, INTO AN END-USER'S
OPERATIONAL PROCESSES
* INTERFACE WITH AN EXISTING OR DEVELOP A NEW, LAN/WAN NETWORK
CONFIGURATION, AND DESIGN ASSOCIATED NETWORK SECURITY MEASURES
TO ENSURE SYSTEM INTEGRITY
* DESIGN, CONFIGURATION, INTEGRATION AND IMPLEMENTATION OF ELIGIBLE
PRODUCTS INTO A TWO OR THREE-TIER CLIENT/SERVER ENVIRONMENT
UTILIZING THE ELIGIBLE PRODUCTS AS A PRIMARY DATABASE SERVER.
(AN AS/400 IMPLEMENTATION MUST USE IPCS IN THIS SOLUTION.)
IN ADDITION, THE BUSINESS PARTNER MUST:
* PREPARE A DOCUMENTED PROPOSAL SPECIFYING ALL ELEMENTS OF THE VALUE
ADDED OFFERING, AND,
* DOCUMENT A PLAN FOR IMPLEMENTATION THAT INCLUDES INSTALLATION
SCHEDULES, APPLICATIONS, INTEGRATION WITH END USER OPERATIONAL
PROCESSES, USER AND OPERATIONS TRAINING, CONNECTION TO NETWORK
SERVICE PROVIDER, CUSTOMIZATION AND OPTIMIZATION, ETC.
* BILLED VALUE MEASUREMENT REQUIRED: YES
* FACE-TO-FACE COVERAGE REQUIRED: YES
MINIMUM FIRM ELIGIBILITY REQUIREMENTS:
BUSINESS PARTNERS ARE REQUIRED TO READ THE ANNOUNCEMENT LETTER FOR
THIS VAE TO OBTAIN IMPORTANT INFORMATION RELATING TO "MINIMUM FIRM
ELIGIBILITY REQUIREMENTS" AND CERTIFICATION AND OTHER APPROVAL
INFORMATION. VAE ANNOUNCEMENTS ARE AVAILABLE IN BPLIBRARY ON
IMBLINK. THIS VAE WAS ANNOUNCED AS A CHANNEL COMMUNICATION,
CC9807-113, AND ALSO AS AN IBM US BUSINESS PARTNER ANNOUNCEMENT,
Page 5 of 8
598-148.
_________________________
RS60 02-04-99
IBM SYSTEM MIGRATION AND UPGRADE
VAE NAME: IBM SYSTEM MIGRATION AND UPGRADE
VAE NUMBER: G001
VAE CATEGORY: CUSTOMER GROWTH
ELIGIBLE PRODUCTS:
* AS/400 ENTRY AND GROWTH MODELS
* RS/6000 ALL MODELS (SOLUTION PROVIDER MUST BE APPROVED TO MARKET
RS/6000 SP MODELS)
* MES UPGRADES
MINIMUM VAE SOLUTION REQUIREMENTS:
* SALE AND IMPLEMENTATION OF AN ELIGIBLE PRODUCT AND ASSOCIATED
OPERATING SYSTEM AT A CUSTOMER ENTERPRISE WHERE OPERATIONAL
PROGRAMS ARE MIGRATED AND/OR PORTED FROM OLDER TECHNOLOGY IBM
SYSTEMS' TO A CURRENT TECHNOLOGY IBM SYSTEM, OR THE PROCESSOR
UPGRADE OF AN OLDER TECHNOLOGY IBM SYSTEM
* BILLED VALUE MEASUREMENT REQUIRED: NO
* FACE-TO-FACE COVERAGE REQUIRED: YES
* OLDER TECHNOLOGY IBM SYSTEMS INCLUDE:
- AS/400 SYSTEMS', INCLUDING MACHINE TYPES 9402, 9404 & 9406
AND MODELS BXX, CXX, DXX, EXX, FXX, TXX*
(*TSP MODELS), 2XX, 3XX, 400, 40s and 5XX
- RS/6000 SYSTEMS THAT ARE WITHDRAWN 18 MONTHS OR LONGER FROM THE
WITHDRAWAL ANNOUNCEMENT DATE
- SERIES/1
- SYSTEM/3X
MINIMUM FIRM ELIGIBILITY REQUIREMENTS:
BUSINESS PARTNERS ARE REQUIRED TO READ THE ANNOUNCEMENT LETTER FOR
THIS VAE TO OBTAIN IMPORTANT INFORMATION RELATING TO "MINIMUM FIRM
ELIGIBILITY REQUIREMENTS" AND CERTIFICATION AND OTHER APPROVAL
INFORMATION.
________________________________
RS60 08-18-99
STORAGE MANAGEMENT
VAE NAME: STORAGE MANAGEMENT
VAE NUMBER: T008
VAE CATEGORY: TECHNOLOGY SOLUTION
Page 6 of 8
ELIGIBLE PRODUCTS:
* RS/6000 ALL MODELS (SOLUTION PROVIDER MUST BE APPROVED TO MARKET
RS/6000 SP MODELS)
* MES UPGRADES
MINIMUM VAE SOLUTION REQUIREMENTS:
* SALE AND IMPLEMENTATION OF AN APPROPRIATE ADDITIONAL SYSTEM OR
SYSTEM UPGRADE, EACH WITH ONE OF THE PRODUCTS LISTED BELOW.
PRODUCTS NOT INCLUDED IN THIS LIST REQUIRE PRIOR APPROVAL BY IBM.
- ADSTAR (TM) DISTRIBUTED MANAGER (ADSM) FOR AIX
* PERFORM CUSTOM SERVICES FOR STORAGE MANAGEMENT SOLUTIONS TO INCLUDE
THE FOLLOWING:
- CENTRALIZED BACKUP AND ARCHIVAL
- ON-LINE DISASTER RECOVERY
- WORKLOAD BALANCING ACROSS MULTIPLE SERVERS
- CENTRALIZED SYSTEM LOGGING AND REPORTING OF OPERATIONAL INFORMATION
* BILLED VALUED MEASUREMENT REQUIRED: YES
* FACE-TO-FACE COVERAGE REQUIRED: YES
MINIMUM FIRM ELIGIBILITY REQUIREMENTS:
BUSINESS PARTNERS ARE REQUIRED TO READ THE ANNOUNCEMENT LETTER FOR
THIS VAE TO OBTAIN IMPORTANT INFORMATION RELATING TO "MINIMUM FIRM
ELIGIBILITY REQUIREMENTS" AND CERTIFICATION AND OTHER APPROVAL
INFORMATION. VAE ANNOUNCEMENTS ARE AVAILABLE IN BPLIBRARY ON IBMLINK.
THIS VAE WAS ANNOUNCED AS A CHANNEL COMMUNICATION, CC9807-119, AND
ALSO AS AN IBM US BUSINESS PARTNER ANNOUNCEMENT, 598-154.
______________________________________
____________________________________________________________________________
The following listing confirms the IBM approved Value-Added Enhancements
you are approved to remarket under the terms and conditions of your IBM Business
Partner Agreement and Profile at each of your authorized and certified
locations. Only those Value-Added Enhancements which require certification are
listed. Non-certifiable Value-Added Enhancements can be remarketed by all of
your authorized sales locations under the terms and conditions of your IBM
Business Partner Agreement, Profile and applicable Attachments and Exhibits.
Location ID Product Location VAE
(LOC/ID) Exhibit Approval Date VAE Title
___________ _______ _____________ _________
19498 RS60 01-01-99 COMPETITIVE SYSTEM CONVERSION
19498 RS60 01-01-99 NEW CUSTOMER
19498 RS60 01-01-99 SOLUTION DEVELOPMENT
19498 RS60 01-01-99 IBM SYSTEM MIGRATION AND UPGRADE
19498 RS60 08-18-99 STORAGE MANAGEMENT
26751 RS60 01-01-99 COMPETITIVE SYSTEM CONVERSION
26751 RS60 01-01-99 NEW CUSTOMER
26751 RS60 01-01-99 SOLUTION DEVELOPMENT
26751 RS60 08-18-99 STORAGE MANAGEMENT
Page 7 of 8
26752 RS60 01-01-99 COMPETITIVE SYSTEM CONVERSION
26752 RS60 01-01-99 NEW CUSTOMER
26752 RS60 01-01-99 SOLUTION DEVELOPMENT
26752 RS60 01-01-99 IBM SYSTEM MIGRATION AND UPDATE
26752 RS60 08-18-99 STORAGE MANAGEMENT
Page 8 of 8