SMB Advantage Terms & Conditions Table of Contents Purchase Qualifications... 2 Registration Requirements and Limits... 3 Payout Structure... 3 Eligible License Payout... 3 Eligible Online Services Payout... 4 Campaign Accelerators... 4 License Exclusions... 4 Partner Subsidy Funds Utilization... 5 Partner Subsidy Funds Utilization Exclusions... 5 Partner Subsidy Funds Payment Information... 6 Returns... 6 Country... 6 Limitation of Liability... 6 Disclaimer for Government Customers... 6 Additional Information... 7 Schedule A SMB Advantage Products & Online Services... 8 Microsoft Online Services... 8 Open - Corp & Govt... 8 Open Value - Corp & Govt... 10 OVS Corp & Govt... 12 Schedule B Qualifying Part Numbers Schedule... 14 Schedule C Other Promotions... 14 Schedule D Change History... 15
Purchase Qualifications SMB Advantage is valid only for Qualified Small and Mid-Sized Business ( SMB ) Organizations* purchasing Online Services through the Microsoft Online Service Program ( MOSP ) or Eligible Licenses outlined in Schedule A, and the purchase must be registered in a timely manner as set forth below. "Qualified Organizations" are legal entities with operating income reported in the United States, and may include commercial and government customers, where permissible by law. Academic customers purchasing under Academic Agreements are not eligible to participate in this promotion. A Qualified Organization includes the Qualified Organization s Affiliates. "Affiliate" means any legal entity that owns, is owned by, or that is under common ownership with the Qualified Organization (ownership means control of more than a 50% interest). Nothing in these terms and conditions guarantees that an organization will meet the eligibility requirements for enrollment and/or renewal in one of the Microsoft License programs. Licenses purchased under the following programs are generally considered "Eligible Licenses" for this promotion: Open License - Open Business License (Both L Only & L/SA) - Open Local Government License (Both L Only & L/SA) Open Value - Open Value License and Software Assurance (L&SA) for Commercial and Government - Open Value Subscription(OVS) for Commercial and Government Specific Eligible License information is provided in Schedule A. NOTE: Open Value Level C is excluded. See "License Exclusions" section below for more information. Eligible Licenses must be genuine licenses sold in the United States, and Online Services must be purchased in the United States; both types of purchases must be intended for use in the United States. Eligible licenses must be purchased from a partner that is an active member of the Microsoft Partner Network ("Authorized Selling Partners") in order to qualify for partner subsidy funds. Products or Online Services purchased prior to the offer period are not eligible for this promotion. *SMB is defined as any company with 5-249 seats and designated as a Small and Mid Sized Business by Microsoft in its discretion.
Registration Requirements and Limits This offer is good for qualifying purchases made between Sept 3, 2013 and Nov 30, 2013 from authorized selling partners (or MOSP, for Online Services). Microsoft reserves the right to cancel or extend this promotion at any time in its sole discretion with fifteen (15) days notice. Notice will be provided only at https://www.microsoftincentives.com/smbadvantage. No individual notice will be provided if the offer is cancelled or extended. Please check https://www.microsoftincentives.com/smbadvantage for offer availability before purchasing. Qualified Organizations must successfully register their purchase(s) at https://www.microsoftincentives.com/smbadvantage by 5:00pm PDT within thirty (30) days of purchase date to receive the partner subsidy funds. If the Qualified Organization fails to register by 5:00pm PDT within (30) days of purchase date it forfeits the right to receive any subsidy funds from this promotion. The purchased software will be validated as genuine during the registration process. Purchase Time Period ( Offer Period ): September 3, 2013 through November 30, 2013 Registration Deadline: Before 5:00 p.m. PDT within thirty (30) days of purchase date. Payout Structure The total payout amount will be determined according to the rate structure below and the calculation details described in these terms and conditions. Eligible License Payout Provided the entity is a Qualified Organization that purchases the Eligible Licenses from an Authorized Selling Partner and registers its license purchases in a timely fashion, the Qualified Organization will receive partner subsidy funds for the Eligible Licenses purchased during the
Purchase Time Period. Each purchase of the minimum quantity and type of licenses of a qualifying product made by the Qualified Organization during the Purchase Period will determine the partner subsidy dollar payout. The amount of partner subsidy funds available to a Qualified Organization is determined based on the quantity and type of Eligible Licenses purchased during the offer period, as set forth in Schedule A. The Total Partner Subsidy Funds Amount Earned is calculated by matching the specific license purchased with the specific License Program & Offering and the Subsidy Payout Amount column and multiplying by the quantity of licenses purchased. The partner subsidy funds available are capped by the Maximum Qualifying License Quantity Per Product. Eligible Online Services Payout In order to be eligible for subsidy payout the customer subscription must be active at the time of subsidy approval and payment. Per the cancellation policy for Office 365, Office 365 Open, Office 365 SBP, Windows Intune and Microsoft Dynamics CRM Online, customers can cancel their subscription within 30 days of purchase without incurring a cancellation fee. Cancellation of the service will not change customers obligation to pay any charges due on their billing account. The SLA for check fulfillment for online services is 6-8 weeks from date of subsidy redemption. The subsidy payout for eligible Microsoft Online Service subscriptions will be calculated as a percentage of an annual subscription value, even though the service contract is month-to-month. The amount of partner subsidy funds available to a Qualified Organization is determined by multiplying the total annualized subscription value of the eligible Microsoft Online Services purchased during the offer period by 10.0%. Trial subscriptions of Microsoft Online Services are not eligible for SMB Advantage. New eligible seat purchases within the SMB Advantage offer period noted above by both new and existing SMB commercial customers qualify, however a minimum of 5 seats must be sold to a single customer within the Offer Term to qualify and the maximum number of seats for subsidy payout is limited to 200 per qualifying product within the offer period. Campaign Accelerators Eligible promotions may be offered to increase subsidy payout for certain products or activities. For more information and resources about campaign accelerators, go to http://aka.ms/smbadvantage. Additional proof of execution for activities may be required in order to earn subsidy funds; see https://www.microsoftincentives.com/smbadvantage for details. License Exclusions Partner subsidy funds are specifically not earned or available for purchases of the following licenses:
Enterprise Agreement and Enterprise Subscription Agreement Program Licenses Select Program Licenses Open Volume Program Licenses and Open Value Level C Open Value Subscription Perpetual licenses Open L&SA renewals only for both Commercial and Government Any Software Assurance ( SA ) renewal only purchase Any parts sold as Rental All parts sold w/o Hyper-V Any parts sold as Up-to-date Any parts sold as Partner Only Not-For-Resale products Full Package Product ("FPP") Academic Edition ("AE") products Software acquired through charity pricing, BizSpark, TechNet or MSDN Subscriptions Software acquired through ISV Royalty or Services Provider License Agreement ("SPLA" Programs) Upgrade licenses (if available) Software that is intended for distribution outside of the United States Counterfeit software Purchases of qualifying licenses for products that have been previously returned Partner Subsidy Funds Utilization The partner subsidy funds received as part of this promotion may only be used with a partner ("Selected Partner") active in the Microsoft Partner Network that is selected by the Qualified Organization for implementation of the Qualified Organizations Microsoft software, subscriptions and associated services. If customers do not have an existing relationship with a registered partner active in the Microsoft Partner Network, they can select from the partner directory on http://pinpoint.microsoft.com. Partner Subsidy Funds Utilization Exclusions Each partner subsidy funds check will expire within ninety (90) days of its issue date. Partner subsidy funds are NOT to be given to a partner as a credit (i.e. on account) to pay for future services that begin after the ninety (90) day expiration date of the check; the partner must begin services before the ninety (90) day expiration date. Qualified Organizations may not receive a cash payout from the Selected Partner for any portion of the partner subsidy funds amount. Microsoft reserves the right to request proof of services (e.g. partner statement of work and/or invoice) or products purchased by Qualified Organizations to verify completion of appropriate services, Microsoft Online Services subscriptions, or products sold by their Selected Partner. Microsoft also has the right to contact the Selected Partner to verify the services, Microsoft Online Services subscriptions, or products sold.
Qualified Organizations may not participate in this promotion if they are participating in any other Microsoft Cash Rebate, Partner Subsidy or discounted SKU promotions for the same subscriptions. Partner Subsidy Funds Payment Information A partner subsidy funds check will be sent to the Qualified Organization within eight weeks of the registration date. The partner subsidy funds check will be payable to the Selected Partner. The Qualified Organization will deliver the check to the Selected Partner upon (1) completion of the Selected Partner services, and/or (2) purchase of additional Microsoft Online Service subscriptions or other Microsoft products from the Selected Partner. The receipt of benefits is contingent upon Microsoft s verification that all of the criteria in these terms and conditions have been met. Returns The Qualified Organization must reimburse Microsoft for partner subsidy funds paid upon the purchase of licenses if the Qualified Organization subsequently returns the qualifying product. Microsoft reserves the right to retrieve funds associated with returned licenses In addition, products will not be eligible for offer payout if a customer returns product purchased prior to the offer period and then repurchases the same products. Country Offer good in the 50 United States, the District of Columbia, and all U.S. military bases that contain valid APO/FPO addresses only. Offer not valid in U.S. Territories including Puerto Rico, U.S. Virgin Islands, or Guam. Offer not valid in Canada. Offer void where prohibited, taxed, or restricted by law. Limitation of Liability Qualified Organizations are responsible for contracting directly with their Selected Partner for any services, Microsoft Online Service subscription, or products to be provided and paid for in whole or in part by the partner subsidy funds. Qualified Organizations are responsible for submitting the partner subsidy funds check to their Selected Partner, and for paying any amount owed in excess of the amount of the partner subsidy funds. The Selected Partner does not represent or act as an agent for Microsoft. IN NO EVENT SHALL MICROSOFT HAVE ANY OBLIGATION OR LIABILTY WHATSOEVER IN RELATION TO THE SERVICES OR PRODUCTS PROVIDED BY THE SELECTED PARTNER UNDER THIS PROMOTION. Disclaimer for Government Customers It is Microsoft s intent that the promotional offer set forth herein (including but not limited to products, or other services rendered by Microsoft partners) complies with all applicable federal, state, and local government gift and ethics rules. If you are a government employee, this promotional offer may be used for agency/institution purposes only, solely for the benefit of
your agency/institution, and not for the personal use or benefit of any individual. You should consult with your agency/institution counsel or ethics officer prior to any participation/use/redemption of this promotional offer, and advise us in writing of any restrictions on your participation in the promotional offering. Additional Information If you are a Microsoft partner and would like to learn about SMB Advantage, visit http://aka.ms/smbadvantage. For qualification and redemption questions, please contact smbadvantage@microsoft.com or (800) 735-5232. Promotion support is available from 8:00 AM 5:00 PM (CST). Microsoft reserves the right to make changes to this Promotion at any time. Changes, if any, to this Promotion will be identified in Schedule D. It is your responsibility to be aware of any changes to the Terms and Conditions by checking Schedule D regularly.
Schedule A SMB Advantage Products & Online Services This schedule does not reflect all eligible products. It represents a general list of categories that qualify. The detailed products list is available at https://microsoftincentives.com/smbadvantage/products.aspx. Microsoft Online Services Product Family Group Product Family Min Max Dynamics CRM Dynamics CRM Online Professional Office 365 Web Apps Office 365 Web Apps Lync Office 365 Lync Office 365 Office 365 Plan Office 365 Exchange Office 365 Open Office 365 SBP SharePoint Server Office 365 SharePoint Windows Client Windows Intune Open - Corp & Govt Product Family Pool Description Min Max Design & Dev Tools Lrg Apps Visual Studio Premium Visual Studio Ultimate Visual Studio Test Pro Applications Visual Fox Pro 9.0 Expression Encoder Pro Visual Studio Pro Expression Studio Web Pro Expression Studio Ultimate Visual Studio Pro Visual Studio LightSwitch
Visual Studio Team Foundation Server Visual Studio Team Foundation Server ExtConn Visual Studio Load Test Virtual UsrPK Visual Studio Ultimate Visual Studio Premium Exchange Exchange Server Std Exchange SmBiz Exchange Server ExtConn Exchange Server Ent Lync Applications Lync Lync Server Std Lync Server Ent Lync Server ExtConn Office Applications Office Std Office Pro Plus Project & Visio Applications Project Visio Std Visio Pro Project Pro w/1 Server Visio Prem Project Svr SharePoint Applications SharePointWorkspace Sharepoint Server SharePoint Internet Sites SQL SQL Server Std SQL Server for SmBiz SQL Server BI SQL Server Dev
SQL Server Core System Center System Ctr Essntls w/sql System Ctr Cnfg Mgr Svr System Ctr Srvc Mgr Svr System Ctr VMM Wkgrp System Ctr Datacenter 2Proc System Ctr Std 2Proc System Ctr Essntls Windows Client Applications Windows 8 Pro Windows Professional 7 Windows Datacenter Windows Server DataCenter Windows Server DataCenter 1Proc Windows Server Windows Remote Desktop Srvcs ExtCon Windows Server Essntls Windows Server Std 2Proc Windows Server ExtCon Windows SBS Std Windows Rghts Mgmt Srvcs ExtCon Windows MultiPoint Server Windows SBS Essentials Windows SBS Prem AddOn Windows Remote Desktop Srvcs ExtConn Windows HPC Server Windows Web Server Windows Server Ent Windows Server Std Open Value - Corp & Govt Product Family Pool Description Min Max
Design & Dev Tools Lrg Apps Visual Studio Pro w/msdn Visual Studio Prem w/msdn Visual Studio Ult w/msdn Visual Studio Test Pro w/msdn Applications Expression Encoder Pro Visual Studio Pro w/msdn Visual Studio Test Pro w/msdn Expression Studio WebPro Expression Studio Ult Visual Studio Team Fndtn Svr Visual Studio Team Fndtn Svr ExtConn Exchange Exchange Server Std Exchange SmBiz Exchange Server ExtConn Exchange Server Ent Lync Applications Lync Lync Svr Lync Svr Std Lync Svr Ent Lync Svr ExtConn Std Lync Svr ExtConn Ent Lync Svr ExtConn Plus Office Applications Office Std Office Pro Plus Project & Visio Lrg Apps Project Pro Applications Project Visio Std Visio Pro Project Pro
Visio Prem Project Svr SharePoint Applications SharePoint Workspace Sharepoint Svr SharePoint Internet Sites Ent SharePoint Internet Sites Std SQL SQL Svr Std SQL Svr for SmBiz SQL Svr Ent Core SQL Svr Std Core SQL Svr Biz Intel System Center System Ctr Essntls w/sql System Ctr VMM Wkgrp System Ctr Datactr System Ctr Std System Ctr Essntls Windows Client Applications Windows 8 Pro Upgrd/SA Windows 8 Pro w/mdop Upgrd/SA Windows Datacenter Windows Server DataCtr Windows Server Windows Remote Desktop Srvcs ExtCon Windows Server Essntls Windows Server Std Windows Server ExtCon Windows Rghts Mgmt Srvcs ExtCon Windows SBS Essentials OVS Corp & Govt Product Family Pool Description Min Max
Design & Dev Tools Lrg Apps Visual Studio Prem w/msdn Visual Studio Ult w/msdn Applications Expression Encoder Pro Visual Studio Pro w/msdn Visual Studio Test Pro w/msdn Expression Studio WebPro Expression Studio Ult Visual Studio Team Fndtn Svr Visual Studio Team Fndtn Svr ExtConn Exchange Exchange Server Std Exchange SmBiz Exchange Server ExtConn Exchange Server Ent Lync Applications Lync Lync Svr Lync Svr ExtConn Office Applications Office Std Office Pro Plus Project & Visio Applications Project Visio Std Visio Pro Project Pro Project Pro AP w/ 1 Project Svr CAL Project Svr SharePoint Applications SharePoint Workspace Sharepoint Svr SharePoint Internet Sites SQL SQL Svr Std SQL Svr for SmBiz
SQL Svr Ent Core SQL Svr Std Core SQL Svr Biz Intel System Center System Ctr Essntls w/sql System Ctr VMM Wkgrp System Ctr Datactr System Ctr Std System Ctr Essntls Windows Client Applications Windows 8 Pro Upgrd/SA Windows 8 Pro Upgrd Windows 8 Pro w/mdop Upgrd/SA Windows Datacenter Windows Server DataCtr Windows Server Windows Remote Desktop Srvcs ExtCon Windows Server Essntls Windows Server Std Windows Server ExtCon Windows Rghts Mgmt Srvcs ExtCon Schedule B Qualifying Part Numbers Schedule Open Corporate Open Government Open Value Corporate Open Value Government OVS Corporate OVS Government Schedule C Other Promotions Participation in SMB Advantage cannot be combined with the following pricelist discount promotions. Microsoft Office 365 Open Value Offer Microsoft Office 365 FastTrack Deployment Offer
Microsoft Get2Modern Offer Schedule D Change History Date of Change Change Made