Terms & Conditions

Terms and Conditions of Use

"Administrator" means Corporate Rewards Ltd, program administrator

“Data Protection Legislation” means (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.

“GDPR” means the General Data Protection Regulation ((EU) 2016/679);

"Participant" is defined as employees of Resellers of Promoter who have accepted these Terms and Conditions of Use and who are authorized to earn rewards under the Program. 

"Program" is defined as the NetApp Ducati Incentive and all its component parts.

“Promoter” means the following Arrow entities who participate in the Program: Arrow Enterprise Computing Solutions Limited, with registered address at Nidderdale House, Beckwith Knowle, Otley Road, Harrogate HG3 1SA, Arrow Enterprise Computing Solutions, S.A.(U), with registered office at Avenida de Europa, 21 Parque Empresarial La Moraleja, 28108 Alcobendas, Madrid, Spain, ARW Enterprise Computing Solutions SA, with registered office at Avenida de Europa, 21 Parque Empresarial La Moraleja, 28108 Alcobendas, Madrid, Spain, ARROW ECS Internet Security SL, with registered office at Avenida de Europa, 21 Parque Empresarial La Moraleja, 28108 Alcobendas, Madrid, Spain, Arrow ECS Internet Security AG, with registered office at Freistädterstraße 236, 4040 Linz, Austria, and Arrow ECS Internet Security AG, with registered office at Wienerbergstraße 11, 1100 Wien, Austria.

"Website" is defined as https://Arrow.netapprewards.com.

These Terms and Conditions of Use apply to the NetApp Ducati Incentive Portal.

By accessing, or using any aspect of the Program or Website, the Participant agrees to be bound by these Terms and Conditions of Use and the terms, conditions, disclaimers and limitations of liability posted in the rewards page by the Administrator on the Website.  Administrator reserves the right to amend or update any of the Terms and Conditions of Use at any time without providing notice to the Participant. By using the Website, the Participant acknowledges that it has read and understood these Terms and Conditions of Use.

  

These Terms and Conditions of Use and all details about the Program are considered confidential information. Confidential information may not be shared with third parties. Breach of confidentiality may lead to immediate termination of participation and forfeiture of all benefits.

Promoter has subcontracted part of the NetApp Ducati Incentive operations to third parties.

Personal data which Participants provide as part of the Program will be held, used, disclosed and processed by Promoter, Administrator  and/or third parties for the purpose of administering the Program, issuing prizes and to comply with their legal obligations. Participants  also consent to data being transferred and processed outside of the European Economic Area ("EEA"), including in countries that may not guarantee the protection of personal data in a matter identical to that applicable in the EEA where required by Promoter and/or Administrator for the purpose of administering the Program.

The Promoter shall act as Data Controller as defined in Data Protection Legislation.  The Promoter agrees to comply with its obligations under all applicable legislation. In particular, the Promoter shall share Personal Data with the Administrator for the purposes of administration of the Program, distribution of rewards, communications regarding the Program and other related marketing as outlined in the Privacy Policy: 

Promoter is responsible for verifying correct participation of resellers to the Program, ensure that any claims for qualifying activity are approved in a timely manner according to the terms applicable to reseller and monitor the overall activity by its resellers. Promoter is responsible to ensure that the data approved is accurate to ensure incentive rewards are awarded to the correct participants.

NetApp recognizes the Program as a marketing activity eligible for funding through the MDF program, following standard MDF procedures.

This Program is open to Participants from the UK, France, Spain and Austria who are 18 years of age or older at the time of entry.  Participants must obtain the prior permission of their employer to participate in this Program.  

The Program and its benefits are offered at the discretion of Promoter, and Promoter and Administrator have the right to terminate the Program or to change the Program terms and conditions, rules, benefits, conditions of participation or rewards levels, in whole or in part, at any time, with or without notice, even though changes may affect the value of the Rewards Points already accumulated. It is the Participant’s responsibility to maintain its knowledge of these Terms and Conditions of Use. 

Employees of NetApp, Promoter, advertising agencies, gift suppliers or other representatives, or members of the respective immediate families of such employees and anyone with whom such employees are domiciled are not eligible to participate in the Program.

The login details provided are confidential and may not be shared with third parties.

The Program is offered “as is”. No warranty is offered that the Program will operate uninterrupted.

Promoter and/or Administrator reserve(s) the right to restrict access to the Program effective immediately if any of these terms are breached or any other unauthorised use is detected. 

All claims regarding the use of the Program must be addressed to Promoter.

In any dispute between Participant and Promoter regarding participation in the Program, Promoter’s decision will be final and binding.  

Access to the Program and the Website is subject to (continued) approval from the Participant employer. As a Participant it is assumed that Participant has obtained proper internal approval from its employer to join any available Incentive Program.

Participants should discuss any tax consequences of participating in the Program with their employer.

Participants may request the Administrator to terminate their access, as an example when their employment agreement is terminated.

Reward points will be awarded to the top performing participants from each participating country each month based on the criteria as specified below

(i) 200 points to each Participant for each qualifying deal closed and claimed during the incentive period to a maximum of 5 deals per quarter.

(ii) 500 points to the Participant who closes and claims the biggest NetApp deal during the previous quarter.  The deal must include the sale of at least 1 Express Pack to qualify.  Total of 3 available during incentive term.

(iii) 500 points to the Participant who sells and claims the most Express Packs during the previous quarter.

Incentives (ii) and (iii) are not cumulative, if an individual has sold the biggest deal and the most Express Packs in the quarter, the Participant will only be eligible for (ii).

• Order date must not be prior to 1st January 2019 

• Supported products are: AFF, EF all-flash, HCI Express Pack.

• Each Deal must include at least the sales of 1 Flash Express Pack or HCI Express Pack.

• Claim must be submitted online for every qualifying solution (1 claim submission per deal closed)

Quarters are defined as NetApp’s Fiscal Quarters:

• FY19Q3 from October 27, 2018 to January 25, 2019

• FY19Q4 from January 26, 2019 to April 26, 2019

• FY20Q1 from April 27, 2019 to July 26, 2019

• FY20Q2 from July 27, 2019 to October 25, 2019

• FY20Q3 from October 26, 2019 to January 24, 2020

• FY20Q4 from January 25, 2020 to April 24, 2020

Fraudulent use of accounts and claims on Participant’s accounts will result in the account being immediately suspended.  Fraudulent activity may result in the termination of the Participant’s account and the Participant will no longer be eligible for reward. 

Points may only be redeemed via the Program Website Administrator.  Prizes, once chosen, can only be changed if the Employee contacts us within 24 hours of the redemption.  

Points cannot be redeemed for cash, cheque, bank deposit or any other kind of payment to the Participant.

Participants may not pool, transfer or combine points with any other participant or person in order to redeem rewards.

Participants may not combine cash, cheque, bank deposit or any other kind of payment and points to redeem rewards. Rewards can only be redeemed by using points.

Delivery is only available to the Participants’ country of residence.

Experience rewards will be fulfilled by the Participants direct arrangement with the experience reward supplier, in accordance with each individual supplier’s availability, lead-time and capability. 

In the case of a Reward item not being available, the Administrator will contact the Participant within 7 days of placing the order and offer a replacement item of similar value.  If the Participant does not wish to accept the replacement item, the original value of the reward deducted from the Participant’s account will be re-credited.  

The Administrator reserves the right to remove or include any reward from the range at our discretion and Participants may not rely upon the continued availability of a reward category or reward item.  The Administrator will honour any Rewards that have already been ordered by a Participant prior to any price alterations.

The delivery of reward items will be made within 28 days of placement of order unless otherwise stated on the Website or by email communication.

The delivery of all reward items will be made to the address as supplied by the Participant at the time of order.  The delivery address for reward items should be to an address where the item can be signed for.  If there is nobody available to sign for receipt of the goods then the delivery company will usually leave a card with contact details for the Participant to arrange delivery again.  Where a rearranged delivery is made and there is nobody present to sign for the item the Administrator may at their discretion charge for re-delivery costs and this will be passed on to the Participant. 

Participants should not accept delivery of items that have been delivered where the packaging is damaged.  Delivery of damaged items must be refused and our customer service team must be advised immediately so that we can contact the Administrator and arrange for replacement product to be shipped.  If the package is opened and item is then found to be faulty then the Participant must advise us within 24 hours and will make contact with the supplier on the Participant’s behalf to arrange a replacement or suitable alternative.  

Where a signed-for delivery is made to the Participant but delivery is not possible for whatever reason, the Administrator will arrange for re-delivery at the earliest possible opportunity but there may be charges incurred by the Participant from the courier or similar service provider for re-attempting delivery for which the Participant shall be liable.

Returns of reward items will be arranged for the Participant if there is a fault with the reward item or it is damaged provided the issue is reported to the Administrator within 24 hours of receipt.  Couriers will not generally accept liability for damages or lost items beyond this time frame.   

If the Participant wishes to discuss or organise a return, exchange or refund of any item, please contact Administrator within 24 hours of receipt.  

The Participant acknowledges that some reward items are not returnable and non-refundable (i.e. items with a customised aspect or which are made to order, perishable goods such as flowers/food or personal items such as jewellery or cosmetics).

Once the reward item has been received by the Participant, provided there is no damage the Participant accepts all risks for the goods and will need to contact the manufacturer if a fault develops at a later stage as per manufacturer warranty terms and conditions.

All prepaid cards must be activated prior to use online at www.perxreward.com. The participant will be able to manage their card from their account including getting balances and recent transaction history.

The amount the participant can load onto a card is up to a maximum amount of €2,500/£2,500

Detailed instructions on how to use a Prepaid Non-Reloadable Card are found on the Website www.perxreward.com. The participant will need to follow these instructions when using a Prepaid Card. The issuer will deduct the value of all transactions from the balance on a Prepaid Non-Reloadable Card as soon as they are made. The issuer will also deduct any applicable fees as soon as they become payable by the participant, see the issuer’s Fees section below for details of the fees. The Prepaid Non-Reloadable Card belongs to the issuer.

The issuer do not charge any fees for checking an on-line balance and transactions. However, the following fees do apply:

If the issuer decides to increase or impose any new fees, they will notify the participant by at least two months before any changes take effect by posting the change to the issuer’s website.

Authorisation will be requested for all transactions at the time of each transaction. In the unlikely event, for any reason whatsoever, a transaction is completed when there are insufficient funds on the Prepaid Non-Reloadable Card for that transaction (a "Shortfall"), the Shortfall shall be reimbursed by the participant unless it is due to an error on the part of the retailer where the Prepaid Non-Reloadable Card was presented, in this circumstance the issuer may seek the Shortfall from the retailer.

The participant agrees that once the issuer make this Shortfall known to them, the issuer may charge the participant for the Shortfall amount. The issuer may charge the amount of the shortfall from any other Prepaid Non-Reloadable Cards that the participant hold with the issuer, to any other payment method which the participant may designate at that time.

The participant acknowledges that the Card Issuer retains participant data and have the right to suspend the prepaid card service in the event of such an instruction being made by the Regulatory Authority or if mis-use or fraudulent activity is suspected. There is no liability for direct or indirect losses as a result of suspension of the prepaid card service.

If the participant is no longer eligible to participate in the Programme for whatever reason the participant has 30 days in which to use the funds after which The Administrator will remove funds from the card.

The participant must advise The Administrator immediately on becoming aware that any prepaid card has been lost or stolen. Cards declared as lost in transit which have not been activated will be replaced by The Administrator.

Once a card is activated all risk for the funds on the card passes to the individual participant. In the event of a lost or stolen card the participant can block a card immediately by logging onto the participant’s account and placing a block on the account. The participant may also contact the issuer without undue delay to report the prepaid non-reloadable card lost or stolen or if the participant thinks a transaction has been incorrectly executed by calling the issuer on their 24 hour lost and stolen card helpline +353 (0)1 255 7111 or by sending an email to info@perxreward.com. In order to report a transaction this way the participant MUST know the 16-digit card number.

The issuer will refund any incorrectly executed transaction immediately unless the issuer have any reason to believe that the incident has been caused by a breach of the user’s agreement, gross negligence or the issuer have reasonable grounds to suspect fraudulent activity, however the participant will bear the loss, up to €50 in total, if the transaction results from the use of a lost or stolen card.

In the case of mis-use or fraudulent activity of a prepaid card service, the participant acknowledges that it must comply with all requests for data or actions to be taken as given by The Administrator, the Card Issuer or any legal or regulatory body.

Promoter or the Administrator reserves the right in its sole discretion to cancel or suspend the Program at any time.

Participants will be given written notice of Program termination and all points must be redeemed 30 days following notification of the end of the Program.  Any prepaid Mastercard® cards already issued will continue to remain active and may be used with the Mastercard® terms and conditions.

Resellers who received a reward are directly responsible for accounting for and paying to their local tax offices any tax liability and NI contributions or other local taxation arising on their prize. Promoter, NetApp and Administrator will not accept any liability for tax and related claims. Participant will indemnify and hold harmless Promoter, NetApp and Administrator for all such claims from Participant, and from (tax) authorities.

Promoter and/or the Administrator cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party.  Participants in this Program agree that NetApp, Promoter and the Administrator will have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a prize, or from participation in this promotion. Nothing in this clause shall limit NetApp’s, Promoter’ or the Administrator’s liability in respect of death or personal injury arising out of its own negligence or arising out of fraud.

This Program is administrated by Corporate Rewards Ltd .