This mutual agreement is between ATTO Technology, Inc. of Amherst, New York (hereinafter "ATTO") and Company Name entered above (hereinafter "Partner"), for the purpose of protecting and ensuring fairness and follow-through throughout membership in the Access Program.
Purpose
To promote Partner satisfaction, ATTO Technology, Inc. has created and maintains the Access Program. This program has two core components: interoperability and co-marketing. ATTO and Partner must conduct interoperable testing. Once results are ATTO approved, Partner access to the co-marketing opportunities relative to Access will be made available. This program is comprised of three levels: Partner Tested, Qualified and Developer. These levels have been created to optimize the relationships between Partner and ATTO. ATTO will set forth the criteria for each level and make changes from time to time. It is at the sole discretion of ATTO to qualify and assign Partner to an Access level; however general guidelines can be found on the ATTO website.
Program Changes
ATTO will maintain Access guidelines and has the right to make any changes at any time for any reason. It is expected that Partner will periodically view the website portal and therefore the sole responsibility of the Partner to view these changes on the ATTO website.
Evaluation Units - Interoperability
In order to stay compliant in the program interoperability tests are executed as planned. Test results will be communicated electronically with conference calls as needed. If testing outside the test plan is conducted, results from these tests will also be made available to ATTO and Partner.
Evaluation Units - Purchase
Participant agrees not to purchase under this agreement for re-sale purposes. Any discount ATTO grants to Partner under this agreement are in lieu of any other discount. No dollar value will be credited for ATTO products purchases under this agreement will be credited to any other agreement. Any product purchased under this agreement is to be used for testing, developing or demonstration use only.
Development Units
Development Units may be provided to partner at no cost at ATTO's discretion. Development units are to be used for development and sourcing technical issues between mutual customers. At no time, may these units be resold.
Confidential Information
Partner will have a current Non-Disclosure Agreement on file at ATTO.
Co-Marketing Program
ATTO can at any time update the list of benefits to be applied within the membership level. ATTO may change or update program requirements by updating the Access micro-site and/or ATTO Resource Center. ATTO will not contact all partners and it is suggested that each partner visit the micro-site and/or resource center periodically to check for these updates.
Logo Usage
Partners may display the ATTO logo in conjunction with accurately marketing the relationship between ATTO and Partner. Partner will not modify logo. Partner agrees to provide ATTO with their logo and ATTO will use it in association with Access.
Renew Membership
There will be an annual review of Partner membership qualifications followed by the release of marketing incentives. This review is to ensure both parties are meeting expectations. At that time, an updated marketing menu will be made available to Partner.
Termination
Either party can terminate this membership without cause, by submitting, a signed letter of intent to disengage. At that time all each Partner will have 30 days to remove all evidence (logo, name, reference) from their corresponding marketing collateral and websites. This letter can be electronic in nature.
General Provisions
If disagreements arise, both parties will use their best efforts to negotiate and resolve all differences. The collaboration of this partnership and their research is paramount.
