WESTERN DIGITAL TAA PLATFORMS PRODUCT DEAL REGISTRATION TERMS AND CONDITIONS

These Western Digital TAA Platforms Product Deal Registration Terms and Conditions (these “Terms”) govern your submission via the Western Digital Platforms Product Deal Registration Portal (the “Portal”), participation in the TAA Platform Product Deal Registration Program, and Western Digital Technologies, Inc.’s (“Western Digital”) award of any deal registration benefits (collectively the “Registration Services”).

If you do not agree to these Terms, you are not authorized to use the Registration Services.

ACCEPTANCE OF THESE TERMS

By using the Registration Services, clicking accept, and/or submitting information in the Portal: you represent and warrant that you are at least the age of majority in your jurisdiction and have all power to agree to these Terms. Further, you agree that any personal information provided and your use of the Registration Services generally will be subject to Western Digital’s Privacy Statement.

If you use the Registration Services on behalf of a company, organization, or other entity, then: “you” includes you and that entity; you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms and that you agree to these Terms on the entity’s behalf; and you agree that such entity is legally and financially responsible for your use of the Registration Services by others affiliated with your entity, including any employees, agents, or contractors.

CHANGES TO THESE TERMS

WESTERN DIGITAL MAY, AT ITS SOLE DISCRETION, CHANGE THESE TERMS AT ANY TIME BY UPDATING THIS PAGE. IF YOU USE THE REGISTRATION SERVICES AFTER ANY SUCH CHANGE, THEN YOU ARE BOUND BY SUCH CHANGE. THEREFORE, YOU SHOULD REVIEW THESE TERMS FOR EACH SUBMISSION. IF ANY CHANGE IS NOT ACCEPTABLE TO YOU, YOU ARE NOT PERMITTED TO CONTINUE USING THE REGISTRATION SERVICES.

ELIGIBILITY

You may submit information for a deal registration on the Portal and use the Registration Services if:

  • You are authorized to resell Western Digital TAA-compliant platform products (Ultrastar Data60, Ultrastar Data102, Ultrastar Edge, and OpenFlex Data24 TAA compliant models and other products identified by Western Digital in writing) (“Eligible Products”);
  • You are purchasing Eligible Products through a Western Digital-authorized distributor;
  • You are submitting information on a net new opportunity that is not for an active customer or prospect and not subject to a current approved registration;
  • The opportunity does not involve sales to a prohibited entity or country contrary to any laws and regulations;
  • The opportunity is for the sale of new Eligible Products that are not combined with competitor products; and
  • The opportunity is not currently subject to a public request for proposal, invitation for bid, indefinite delivery indefinite quantity, or similar tender process, that has been published; provided, however, that before any such or similar tender process has been published, the opportunity will be eligible for registration.

REGISTRATION SELECTION AND PROCESS

Western Digital will review your submission and any other submissions for the same or related opportunity received within close enough time and may request additional information through your provided contact information. Your submission must be accurate and have sufficient information to allow Western Digital to determine if you are well positioned to win the opportunity and whether to approve the registration submission. Western Digital will, in its discretion, approve or deny registration for your submission based on several factors including timing of the submission, accuracy and completeness of the submission, your plans to win the opportunity, and your skill to deliver the specified solution (as demonstrated by previous engagements etc.).

Once Western Digital has reviewed and determined if it will approve you for registration, you will be notified of the outcome via the contact information provided in your submission with details of any registration benefits.

REGISTRATION TERM AND BENEFITS

Unless a different period is specified in the written notice of registration approval, an approved registration and associated benefits are valid for 90 days (“Registration Term”). In its sole discretion, Western Digital may grant an extension or renewal of the Registration Term before it expires if the opportunity is still active and you are actively pursuing it.

If you are approved for registration, Western Digital will provide advantaged pricing compared to non-registered bids using Eligible Products and increased margin for the registered opportunity. Specific values will be indicated in written program materials and/or the notification of approved registration.

Such pricing and any other benefits provided for registration or for the registered opportunity only, not for a total account or future opportunities. Approved registration does not guarantee being awarded the business, nor preclude other partners from pursuing opportunity

OTHER CONDITIONS:

You should not quote discounts or pricing to a customer until you receive written notification that your submission has been approved for registration.

If, at any time, Western Digital receives information that would otherwise make the opportunity or you ineligible for registration, then Western Digital reserves the right to revoke that registration. This includes if Western Digital determines any part of your submission is inaccurate or you that are unable to fulfill the opportunity or provide support (for example, by having insufficient credit, end-user refused to work with you, or you do not possess or obtain required security clearance or other certifications).

Registration benefits may not be combined with other promotions, discounts, or credits offered on Eligible Products unless expressly approved in writing by Western Digital.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WESTERN DIGITAL AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND CONSULTANTS (COLLECTIVELY, “THE WESTERN DIGITAL PARTIES”) SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING THE REGISTRATION SERVICES OR BEING UNABLE TO DO SO. IN NO EVENT SHALL THE WESTERN DIGITAL PARTIES BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE), HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THE WESTERN DIGITAL PARTIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

YOU AGREE THAT YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE REGISTRATION SERVICES AND WILL NOT MAKE A CLAIM OF ANY NATURE AGAINST THE WESTERN DIGITAL PARTIES FOR LOST DATA, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF, OR INABILITY TO USE, THE REGISTRATION SERVICES.

YOU AGREE TO HOLD THE WESTERN DIGITAL PARTIES ENTIRELY HARMLESS FROM, AND YOU COVENANT NOT TO SUE THE WESTERN DIGITAL PARTIES FOR, ANY CLAIMS RELATED TO THE REGISTRATION SERVICES. IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES (INCLUDING BREACH OF THESE TERMS) FROM ANY WESTERN DIGITAL PARTIES IN CONNECTION WITH THE REGISTRATION SERVICES OR THESE TERMS, YOU AGREE THAT YOUR EXCLUSIVE REMEDY IS TO RECOVER FROM THE WESTERN DIGITAL PARTIES DAMAGES UP TO AN AMOUNT EQUAL TO ANY FEES PAID FOR THE REGISTRATION SERVICES IN THE MONTH DURING WHICH THE BREACH OCCURRED (OR UP TO $100.00 IF THE CLAIMS RELATE TO REGISTRATION SERVICES THAT ARE FREE).

THESE LIMITATIONS ON THE WESTERN DIGITAL PARTIES’ LIABILITY SHALL APPLY WHETHER OR NOT WESTERN DIGITAL HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

DISCLAIMER

YOU ACKNOWLEDGE THAT THE REGISTRATION SERVICES ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS ONLY, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WESTERN DIGITAL HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS WITH RESPECT TO THE REGISTRATION SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHNTABILITYM, TITLE, AND NON-INFRINGEMENT.

DISPUTE RESOLUTION AND SEVERABILITY

Any claim arising from or relating to the Registration Services, including the use of (or inability to use) the Registration Services, is governed by, the laws of the State of California without regard to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in Santa Clara County, California, for the resolution of any and all disputes arising from or relating to your use of the Registration Services. If any provision of these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision of these Terms.

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Last Updated: April 29, 2022