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Acknowledgment and Acceptance
By participating in Teradata Peer
Advantage, you agree to the terms, conditions, policies and procedures of the
program. As the member representative, you are responsible for remaining
knowledgeable about the program's terms and conditions. Members will bear all
of their costs of participating in the program.
understand and acknowledge that Teradata
reserves the right to change or terminate the Teradata
Peer Advantage program at any time, with or without prior written notice.
offers are void where prohibited by law.
Teradata reserves the right to disqualify a
member who violates these terms and conditions.
Membership is open to companies that are Teradata
a company may have only one Peer Advantage membership. The membership will be
administered through one account contact known as the Primary Peer. Employees
other than the Primary Peer may participate to earn points for the member
company. When Teradata and the
customer agree, additional Peer Advantage accounts may be created within a
member company. One Primary Peer may donate points only to another Primary Peer
within the same company.
Teradata employees are not eligible to
participate in this program. Government accounts are eligible to participate
only if permitted by applicable law.
The program currency is Teradata
Peer Advantage points. The points accrue to the sole benefit of the member
company and may not be transferred or assigned to any other individual, trust,
estate, business or association.
Teradata Peer Advantage Points do not
constitute property of the member company, have no fixed value, are not
transferable and may not be redeemed for cash.
member earns Teradata Peer Advantage
points for completing specific Teradata
reference and marketing activities. The Teradata
Peer Advantage team will offer members opportunities to earn points. Requested
activities may be accepted or declined at your discretion. The Primary Peer is
responsible for coordinating the availability of company resources and
personnel related to an accepted activity.
are awarded when the requested activity is completed by an employee of the
member company and confirmed by a member of the Peer Advantage team. You may
notify the Peer Advantage team of a completed activity by sending an e-mail to firstname.lastname@example.org.
Teradata must be notified of any
Peer Advantage account discrepancies within three months of the date on which
the claimed points were earned. After three months, the points in dispute will
questions or disputes regarding eligibility of points for Teradata Peer Advantage or the eligibility of points
for accrual, conversion or redemption will be resolved by Teradata at its sole discretion.
Teradata Peer Advantage Points may
also be awarded for special offers, promotions or activities advertised on the Teradata Peer Advantage web site, www.peeradvantage.com or
when offered by a member of the Peer Advantage team at the time of a request.
You can redeem Teradata Peer
Advantage points for membership rewards (valued in U.S. dollars) by visiting
the Rewards Center on the members-only web site www.peeradvantage.com.
Only the Primary Peer can redeem Teradata
Peer Advantage points on behalf of the member company. Only members in good
standing will be eligible for Teradata
Peer Advantage rewards.
Rewards may be added, deleted or modified during the life of the program.
Rewards are subject to availability and/or conditions or restrictions specified
by the providing company, sponsor or promoter.
Upon redemption of a reward, Teradata
Peer Advantage points will be deducted from your Peer Advantage account.
The sale or barter of any reward or benefit other than by Teradata is prohibited.
Teradata's liability under this
program shall be limited to the approximate value of the award chosen.
company must have a Primary Peer to be a member.
Members who do not participate in the program for 24 consecutive months will be
considered inactive and membership will cease without notice. Members may
reactivate their membership by enrolling online at www.peeradvantage.com.
determination of tax liability for any federal, state or local taxes, as may be
applicable, arising out of the accrual or conversion of points, shall be the
sole responsibility of the member.
Teradata Peer Advantage points expire 24
months after they were earned. In addition, the Peer Advantage web site, www.peeradvantage.com will
highlight any points scheduled to expire within three months. Miscellaneous
Teradata shall have a perpetual,
worldwide, fully paid up right to copy, display and distribute materials
generated as a result of marketing activities. Teradata
may not modify materials without consent of member company except that Teradata may accurately summarize, edit, quote,
excerpt or otherwise reuse such materials.
Your company will provide reasonable assistance to Teradata
in obtaining any permissions that Teradata
might need to exercise the above rights.
The parties will attempt in good faith to resolve any controversy or claim
related to the Peer Advantage program by negotiation or mediation. If they are
unable to do so, and regardless of the causes of action alleged, the claim,
whether arising under this Agreement or otherwise, will be resolved by
arbitration before a sole arbitrator in Dayton,
Ohio, pursuant to the
then-current Commercial Rules of the American Arbitration Association and the
federal substantive and procedural law of arbitration. The arbitrator's award
will be final and binding, and may be entered in any court having jurisdiction
thereof, but may include only damages consistent with the limitations in this
Agreement. Each party will bear its own attorney's fees and costs related to
the arbitration. The obligations to negotiate, mediate and arbitrate shall not
apply to claims for misuse or infringement of a party's intellectual property
rights. Any claim or action must be brought within two years after the cause of
action accrues. This agreement is governed by the laws of the State of New York.
IN NO EVENT WILL TERADATA BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER
INDIRECT DAMAGES. TERADATA'S LIABILITY UNDER THIS PROGRAM IS LIMITED TO THE VALUE
OF THE ACCRUED POINTS.
Teradata is a registered trademark
of Teradata Corporation in the United States
and other countries.