IBM Business Partner Operations Guide for Solution Provider for IBM Software as a Service

Transcription

1 IBM Business Partner Operations Guide for Solution Provider for IBM Software as a Service Europe, Middle East and Africa Version 2.0 This Operations Guide and updated versions will be posted on the IBM PartnerWorld website.

2 SIGNIFICANT CHANGES IN THIS VERSION OF THE OPERATIONS GUIDE 5 INTRODUCTION AND OVERVIEW 7 Scope and Purpose of Operations Guide 7 Overview of IBM Business Partner Agreement for Solution Provider for IBM Software as a Service 7 Mutually Exclusive Business Partner Channel Programs 8 Relationships with Other Business Partner Channel Programs 8 Business Models 8 DEFINITIONS 8 Eligible IBM SaaS Products 8 Eligible IBM SaaS Transactions 9 Transaction Types 9 Single End User Transaction 9 Multiple End User Transaction 10 Renewal Options 10 APPLICATION, APPROVAL, REVALIDATION AND CONTRACT 11 Application Process 11 Application for Additional Products 13 Approval 14 Limited Authorization 14 Revalidation 15 Contract Review 15 Contract Termination 16 Product Revocation 16 OPERATIONS 17 Submitting a Request for Quotation 17 Denied Party List Check 18 Code of Conduct 19 IBM BPA for SaaS Solution Provider V 2.0 2

3 Pricing 19 Placing an Order 19 Firm Order Policy 19 Purchase Order Requirements 20 Order Rejection Process 20 Product Returns 20 Invoicing 20 Invoice for SaaS Charges that are unknown at time of Business Partner s Order to IBM 21 Non-Authorized Products 22 Reviewing your Certification Status 22 Contacting IBM 23 Retaining Records 23 Review of Business Models and Guest Users 23 Sales Tax 23 Terms of Use 23 Review of Business Partner s Terms of Use and Service Agreement Document 24 End User Compliance with Terms of Use 24 Demonstration, Development and Evaluation Use 25 Demonstration Use 26 Evaluation 26 Development Use 26 Support and Support Levels 27 Level 1 Support Definition 27 Level 2 Support Definition 28 Access Information at IBM 28 Contributing Knowledge to IBM s Knowledge Base 29 Service Operational Requirements 30 Obtaining Support from IBM Software Support 30 Centralized Support Operations 31 Aggregation of Skills Resources 31 PARTICIPATION CRITERIA 32 Participation Criteria Definitions 32 IBM PartnerWorld Membership 32 IBM BPA for SaaS Solution Provider V 2.0 3

4 Completed Application Form 32 Signed Agreement 33 Sales Skilled Resources 33 Technical Skilled Resources 33 Support Skilled Resources 34 Service Plan 34 IBM BPA for SaaS Solution Provider V 2.0 4

5 Significant changes in this version of the Operations Guide Version Date Modifications 2.0 March 12, 2015 Add new Business Models for access to and use of the IBM SaaS products. Create a separate document for the content that was in the appendices. Change to the list of Skill Zones 1.16 February 2, 2015 Add the IBM Security Trusteer Malware Protection Product Group. Clarification of Approval and Product Revocation terms 1.15 December 31, November 24, 2014 Added the IBM Security Trusteer Fraud Protection Product Group. Added the following SSP product groups: IBM Cognos Quota Management on Cloud; IBM Cognos Territory Management on Cloud; IBM SPSS Modeler Gold on Cloud; IBM Pure Application Service Infrastructure; and Silverpop Changed SmartCloud for Social Business SSP product group name to IBM Connections on Cloud Added IBM Platform Computing Cloud Service product Worldwide New Sales Certification for DemandTec and for B2B Services. Removed TMS as an eligible product group 1.13 October 20, 2014 Added IBM Platform Computing Cloud Service product group for Japan 1.12 September 2, 2014 Added Smarter Workforce products 1.11 July 15, 2014 Added the following new products: IBM Algo One Managed Data Services on Cloud; IBM Algo Risk Content on Cloud; IBM Algo Risk Service on Cloud; IBM Cognos Disclosure Management on Cloud; IBM Cognos Incentive Compensation Management on Cloud; IBM Cognos TM1 on Cloud; IBM Concert on Cloud; and IBM SPSS Data Collection on Cloud Changed SSP product name of Marketing Center to Marketing Center / Mobile Customer Engagement Changed the qualifying sales certifications for: IBM Maximo Asset Management (SaaS) and IBM Maximo Inventory IBM BPA for SaaS Solution Provider V 2.0 5

6 Insights Added both a new sales and technical qualifying certification for Marketing Center / Mobile Customer Engagement Added a new TOU for Marketing Center / Mobile Customer Engagement Added a new qualifying support certification for: IBM Maximo Asset Management (SaaS); IBM Maximo Inventory Insights; IBM Performance Management (SaaS); IBM SmartCloud Control Desk (SaaS); and IBM Workload Automation (SaaS) 1.10 May 15, 2014 Added the following product: IBM Maximo Inventory Insights Updated Sales and Technical test links for emessage and Marketing Center. 1.9 February 26, February 24, 2014 Correction to Applicable Transaction Types in appendix C for some products. Added the following products: IBM Maximo Asset Management (SaaS), IBM Performance Management (SaaS), IBM SmartCloud Control Desk (SaaS) and IBM Workload Automation (SaaS) Removed Client Reference requirement for Emptoris Products Replaced the qualifying technical skill for Emptoris Telecom Exp Mgmt Updated the test links for qualifying skills Updated the TOU description in appendix G IBM BPA for SaaS Solution Provider V 2.0 6

7 INTRODUCTION AND OVERVIEW Scope and Purpose of Operations Guide The purpose of the IBM Business Partner Operations Guide for Solution Provider for IBM Software as a Service (Operations Guide) and the Supplement to the IBM Business Partner Operations Guide for Solution Provider for IBM Software as a Service (Supplement) are to provide detailed guidance for Business Partners who have been approved for one or more IBM Software as a Service (IBM SaaS) Product Group under the IBM Business Partner Agreement for IBM Solution Provider for IBM Software as a Service (IBM SaaS Solution Provider). In addition, this Operations Guide and Supplement provides interested parties detailed guidance on the process to apply for approval. This Operations Guide is structured into five major sections: 1. Introduction and Overview 2. Definitions 3. Application, Approval, Revalidation and Contract 4. Operations 5. Participation Criteria Definitions Note: Some links listed in this document require IBM PartnerWorld membership and Business Partners will need to sign in to IBM PartnerWorld to access the information. You can access IBM PartnerWorld at Overview of IBM Business Partner Agreement for Solution Provider for IBM Software as a Service IBM SaaS Solution Provider is an IBM Business Partner relationship that is approved by IBM and approves an IBM Business Partner for certain types of use as well as certain rights to market access to and use of designated IBM SaaS products. The business models under which a Business Partner may operate are described in sub section Business Models. The IBM SaaS Solution Provider is designed to reward Business Partners who invest in skills and high value solutions based on designated IBM SaaS Products. Under the terms of the IBM SaaS Solution Provider, Business Partners are approved to market IBM SaaS Products that are available in their country and are eligible under IBM SaaS Solution Provider in the countries as determined in this Operations Guide, the Supplement and or the Profile for the IBM SaaS Solution Provider. Approval is given by product grouping and Business Partners must be formally approved through the IBM SaaS Solution Provider application process described in this Operations Guide. Business Partners must also maintain their qualifications of the participation criteria to be eligible to remain approved. As a remarketer of IBM SaaS Products under the IBM SaaS Solution Provider, Business Partners are required to meet and maintain all the requirements as stated in that Agreement. IBM BPA for SaaS Solution Provider V 2.0 7

8 Mutually Exclusive Business Partner Channel Programs IBM SaaS Products acquired under the IBM SaaS Solution Provider relationship are not eligible for other IBM incentives, unless expressly stated in the terms and conditions of the IBM incentive. Relationships with Other Business Partner Channel Programs Business Partners are encouraged to apply for approval and take part in other IBM Business Partner relationships, initiatives, offerings and/or incentives which are not mutually exclusive with IBM SaaS Solution Provider. For example: the IBM Business Partner Agreement for Software Value Plus relationship and its associated incentives. Business Models There are three Business Models under which a Business Partner may operate to market access to and use of designated IBM SaaS products. The Business Models are specified in the Attachment for IBM Solution Provider for IBM Software as a Service. The Business Models are: 1. Selling sub-access of the IBM SaaS to End Users 2. Business Partner s productive use of IBM SaaS as part of their Service to the End User 3. Developing Business Partner branded product that includes the IBM SaaS Product Each subscription may only be used for one Business Model. Not all Business Models can be used with every IBM SaaS product. For the list of eligible Business Models by IBM SaaS product, refer to Appendix D Access to and Use of IBM SaaS by SSP Product Group in the Supplement. DEFINITIONS The following are the definitions for some key concepts of the IBM SaaS Solution Provider relationship. These definitions are for the purpose of their use in this Operations Guide Eligible IBM SaaS Products Eligible IBM SaaS Products under the IBM SaaS Solution Provider are listed in Appendix A IBM SaaS Solution Provider Eligible Products List of the Supplement. Eligible products are grouped for approval purposes and for the definition of their respective value-add requirements (SSP Product Group). A SSP Product Group can be comprised of one or more eligible IBM SaaS Product. Business Partners apply and are approved by SSP Product Group. IBM BPA for SaaS Solution Provider V 2.0 8

9 The list of eligible part numbers that can be ordered under the IBM SaaS Solution Provider is available in the file IBM SaaS Solution Provider Eligible Part Numbers. The part number must be SaaS Solution Provider eligible at the time IBM is reviewing the quotation request. A part number remains eligible for that quotation until the quotation expiration date, even if the SaaS Solution Provider Eligible End Date for the part number has passed. You can obtain a copy of the eligible part number list in the Product section of at the IBM Solution Provider for IBM Software as a Service PartnerWorld web pages. Some part numbers of a product may not be eligible in all countries. Any additional country restrictions at the part number level will be annotated in the eligible part number list. Note: In some situations part numbers are eligible for quotation even after their SaaS Solution Provider Eligibility End Date has passed, see section Submitting a Request for Quotation for more details. Eligible IBM SaaS Transactions Eligible IBM SaaS Transactions under the IBM SaaS Solution Provider are transactions for eligible part numbers of Eligible Products, for which you are approved, where you place an approved order directly with IBM. Orders must be placed in the country in which you are approved for IBM SaaS Solution Provider. Your orders for these transactions must be placed under the IBM remarketer customer number (Remarketer Customer Number) which IBM provides to you at the time IBM executes the IBM SaaS Solution Provider Agreement with you. Transaction Types Each Transaction Type identities to who access to an IBM SaaS Product can be marketed. There are two Transaction Types under the IBM SaaS Solution Provider. single End User multiple End User IBM s approval for you to market a product is granted on a single End User and or multiple End Users basis. Transaction Type is specified at the part number level in the eligible part number list. In Appendix C - IBM SaaS Solution Provider Eligible Products Supplemental Information of the Supplement, which Transaction Types are eligible for some or all part numbers under that SSP Product Group will be specified. Also, each type of transaction may not be applicable to all countries. Single End User Transaction A Single End User Transaction is an order where you can only market sub access to the IBM SaaS Product(s) of that order and provide use and access to the subscription to one entity outside of your Enterprise. You must identify the End User to IBM at the time a quote is requested and include this information with your order. You may not transfer use or access to another End User entity. IBM BPA for SaaS Solution Provider V 2.0 9

10 You can only market sub access up to the number of available units of measurement ordered. For the Business Model: Productive Use of IBM SaaS to Offer a Service; Single End User transaction can only be used if the Business Partner is only offering their service to one customer. If the Business Partner is offering their service to multiple customers based on the Business Partner s use of a single subscription then that subscription must be processed as a Multiple End User transaction. Multiple End User Transaction A Multiple End User Transaction is an order where you can market sub access to the IBM SaaS Product(s) of that order and provide use and access to the subscription to one or more entities outside of your Enterprise. Each IBM SaaS Product has a unit of measurement. Some units of measurement are eventdriven usage, like the transmission of a document. The other type of unit of measurement is standing usage, like a user ID. You can only market sub access up to the number of available units of measurement ordered. All units of measurement can only be assigned to one entity at a time. A unit of measurement, if transferable, can only be transferred after the current entity has had its access to the unit of measurement terminated before access to that unit of measurement is given to another entity. An event-driven unit of measurement is no longer available once it has been used and you cannot transfer sub access for an event-driven unit of measurement once it has been used. An event-driven unit of measurement can be transferred from one entity to another as long as the service is still active and the unit of measurement has not been used. A standing unit of measurement is available for the length of the subscription period and can be transferred from one entity to another as long as the service is still active. Renewal Options An IBM SaaS Product under the IBM SaaS Solution Provider can have one or more Renewal Options. The Renewal Options for an IBM SaaS Product are specified in the product s Terms of Use (TOU) document. The type of renewal options are explained below for illustration purposes only, please refer to the product s TOU for actual renewal options. The Renewal Options can be: Automatic Renewal: At the end of current IBM SaaS Subscription Period the IBM SaaS Subscription Period will be automatically renewed. The subscription period for the renewal will be based on the renewal option defined in the quote. The options can be: for the original subscription period; or for 12 months. To prevent an automatic renewal of the IBM SaaS Subscription Period, you must provide IBM with written notice of cancellation in advance of the end date of the current IBM SaaS Subscription Period. The amount of advance notice that must be provided is specified in the product s TOU. Upon cancellation your access to the IBM SaaS Product IBM BPA for SaaS Solution Provider V

11 will be terminated and you will be billed for any outstanding access charges through the month in which the cancellation took effect. Continuous Billing: Following the end of the original IBM SaaS Subscription Period you will continue to have access to the IBM SaaS Product and will be billed for usage of the IBM SaaS Product on a continuous billing basis. To prevent continuous billing from starting, you must provide IBM with written notice of cancellation in advance of the end date of the current IBM SaaS Subscription Period. To stop continuous billing once it has started you must provide IBM with written notice of cancellation in advance of the requested end date. The amount of advance notice that must be provided, for both situations, is specified in the product s TOU. Upon cancellation your access to the IBM SaaS Product will be terminated and you will be billed for any outstanding access charges through the month in which the cancellation took effect No Renewal: At the end of the original IBM SaaS Subscription Period the IBM SaaS Subscription Period cannot be renewed. Your access to the IBM SaaS Product will be terminated and you will be billed for any outstanding access charges through the last month of the Subscription Period. To continue to have access and use of the IBM SaaS Product beyond the original Subscription Period you must obtain a new subscription for the IBM SaaS Product. APPLICATION, APPROVAL, REVALIDATION and CONTRACT This section provides further details of the application process for the IBM SaaS Solution Provider relationship and the associated acceptance process. The revalidation process is also outlined in this section. Application Process Applications to participate in IBM SaaS Solution Provider relationship must be made for every country in which you wish to submit orders under the IBM SaaS Solution Provider terms and conditions. You must have a physical location in each country in which you apply. The general process flow for applying after you have met all the participation criteria required to be approved for the SaaS Solution Provider model is: 1. Submit an application to IBM at: SAASSP@sk.ibm.com. 2. IBM will notify you if you need to complete a Business Partner Questionnaire. 3. IBM will set up an IBM customer numbers, as appropriate. 4. IBM will notify you of approval or denial by SSP Product Group. If approved IBM will specify your product approvals as either "fully approved" or approved with "Limited Authorization". IBM BPA for SaaS Solution Provider V

12 5. If approved for one or more SSP Product Group, IBM will provide you with the IBM Business Partner Agreement for IBM Solution Provider for IBM Software as a Service and other applicable documents for your review and signature. 6. If you agree with the terms and conditions you will return to IBM the signed IBM SaaS Solution Provider Agreement and other documents, as applicable. Note: IBM terms must be accepted without modification. 7. IBM will validate that no changes were made to the contract and then counter sign the agreement, returning an executed copy to you for your records. The steps you need to complete to be approved are: 1. Identify your IBM representative for the IBM SaaS Solution Provider relationship (IBM Representative). 2. Identify the IBM SaaS Product(s) to be included in your offering. Eligible IBM SaaS Products are listed by SSP Product Group in Appendix A IBM SaaS Solution Provider Eligible Products List of the Supplement. An Eligible IBM SaaS Product may not be eligible in all countries and may not be eligible for all Transaction Types, see the Appendix C - IBM SaaS Solution Provider Eligible Products Supplemental Information and the eligible part number list for details. Also an Eligible IBM SaaS Product may not be eligible for all Business Models, see Appendix D Access to and Use of IBM SaaS by SSP Product Group of the Supplement. 3. Achieve all the participation criteria required to be approved for the SSP Product Group(s). Refer to the Participation Criteria section for the specific participation criteria requirements. 4. Complete the IBM SaaS Solution Provider Application Form and send the completed form to IBM at: SAASSP@sk.ibm.com. A copy of the IBM SaaS Solution Provider Application Form can be found in the Apply tab of at the IBM Solution Provider for IBM Software as a Service PartnerWorld web pages. 5. If applicable, IBM will provide you with a Business Partner Questionnaire to be completed. Complete this questionnaire and return it to IBM as specified. 6. IBM will review each SSP Product Group included in the application form and verify your readiness to participate in the IBM SaaS Solution Provider relationship. The review will ensure that you have met all of the requirements. When the review of participation criteria is completed, you will be notified of IBM s decision. IBM s objective is to respond with a decision within 7 calendar days after the receipt of your application and all required information is received. 7. If you do not meet the requirements to be approved for a SSP Product Group and the requirements cannot be deferred under Limited Authorization approval, you will be notified of the denial of your application and the application process ends for that SSP Product Group. 8. If you meet the requirements to be approved for one or more SSP Product Groups, including Limited Authorization approval, you will be notified of which SSP Product Groups are approved. IBM will specify your approval as either "fully approved" or approved with "Limited Authorization". IBM will prepare the applicable contract documents of the IBM Business Partner Agreement for IBM Solution Provider for IBM Software as a Service and provide them to you for your review and acceptance. If you IBM BPA for SaaS Solution Provider V

13 agree with the terms and conditions then sign and return the contract documents per the instructions in the notification. 9. IBM will validate that no changes were made to the contract documents and, if none were made, then IBM will counter sign the Agreement and return an executed copy to you for your records. 10. In addition, IBM will provide to you an IBM Remarketer Customer Number, which you must supply with all of your orders to IBM for sales under the IBM SaaS Solution Provider Agreement. 11. You may begin to submit orders, through your IBM Representative, on the date indicated to you when IBM returns executed contract documents. Refer to the Operations section for more detail on requesting quotations and placing orders. Application for Additional Products If you wish to be approved for additional SSP Product Groups after your initial application for IBM SaaS Solution Provider you will need to complete an Application Form and submit this to IBM. Before you apply you should achieve all the participation criteria required to be approved for the additional SSP Product Group. Refer to the Participation Criteria section for the specific participation criteria requirements for each SSP Product Group. IBM will review each additional SSP Product Group requested and verify your readiness to participate in the IBM SaaS Solution Provider relationship for the SSP Product Group. The review will ensure that you have met all of the requirements. When the review of participation criteria is completed, you will be notified of IBM s decision. IBM s objective is to respond with a decision within 7 calendar days after the receipt of your application and all required information. If you do not meet the requirements to be approved for a SSP Product Group and the requirement(s) cannot be deferred under Limited Authorization approval, you will be notified and the application process ends for that SSP Product Group. If you meet the requirements to be approved for one or more additional SSP Product Groups, including Limited Authorization approval, you will be notified of which additional SSP Product Groups are approved. IBM will specify your approvals as either "fully approved" or approved with "Limited Authorization". IBM will notify you of any changes to your product approvals and may provide you an update to your Profile for IBM SaaS Solution Provider Agreement and any applicable instructions. IBM will validate that no changes were made to the contract documents and if none were made then IBM will counter sign the Agreement and return an executed copy to you for your records. The IBM Remarketer Customer Number to be used for the additional IBM SaaS Product(s) will be the same as the one used for other product(s), for which you are already approved. You may begin to submit orders for the additional SSP Product Group(s), through your IBM Representative, on the date indicated to you when IBM returns executed contract documents. IBM BPA for SaaS Solution Provider V

14 Approval You are approved to participate in the SaaS Solution Provider by SSP Product Group. IBM may add or remove Eligible IBM SaaS Products from a SSP Product Group. If IBM adds an Eligible IBM SaaS Product to a SSP Product Group, for which you are already approved, you do not have to reapply for that SSP Product Group to be approved for the additional product and you are eligible to process quotes on the date the product was added. If IBM removes an Eligible IBM SaaS Product from a SSP Product Group, for which you are already approved, you are no longer approved for that product and you are no longer eligible to process quotes for that product as of the date that product was removed. However, if that product was added to or already in a different SSP Product Group, and you meet the criteria for that SSP Product Group, then you can apply to be approved for that SSP Product Group. See the Product Revocation section below for additional information concerning access and usage of a product that is removed from a SSP Product Group. For each SSP Product Group, IBM will specify your approvals as either "fully approved" or approved with "Limited Authorization". Limited Authorization Limited Authorization approval applies when either you have not achieved or have not fully achieved one or more participation criterion and where IBM allows deferral of some or all of the requirements for that specific participation criterion. Appendix B - Participation Criteria by SSP Product Group of the Supplement will specify by participation criterion if Limited Authorization applies. For those requirements that can be deferred, you may defer the completion of the requirement for up to 90 days after the date IBM accepts the signed contract. When you have completed all the criteria for the product and have notified IBM or the end of the 90 day deferral period is reached then IBM will validate if you have now met all the participation criteria for the product. If you have met all the criteria for the product then IBM will removed the Limited Authorization approval and fully approve you for the SSP Product Group. If you have NOT met all the criteria for the SSP Product Group and you are still within the 90 day deferral period then IBM will perform another validation when either the end of the 90 day deferral period is reached or earlier if you notify IBM that you have met all the criteria for the SSP product Group. If you have NOT met all the criteria for the SSP Product Group and you are NOT within the 90 day deferral period then IBM will revoke your approval for the SSP Product Group. See Product Revocation section for the terms of revocation. This would not be considered a revocation due to a breach of contract. You may only be Limited Authorization approved once per SSP Product Group. IBM BPA for SaaS Solution Provider V

15 Revalidation IBM s approval to you to market products under the IBM SaaS Solution Provider relationship will be revalidated. Revalidations are performed for the general criteria and for the product specific criteria. IBM will perform revalidations at least every 24 months. IBM will notify you 30 days in advance of a revalidation and specify the information you must provide to IBM. You must provide IBM the information requested by the date specified in the notice, failure to do so may result in termination. You will be notified by of the results of your revalidation. The notification will indicate the revalidation result for each SSP Product Group for which you were previously approved. The result can be: You are still approved to market the products of the SSP Product Group; Your approval to market the products of the SSP Product Group has been revoked and the terms of the revocation; or You are on probation and the terms of the probation. If the result of the revalidation of a SSP Product Group is probation you will continue to be approved to market the products of that SSP Product Group for a period of 90 days (Cure Period) during which you will need to correct the reason(s) that resulted in your probation status and you must also maintain all the other criteria. At the end of the Cure Period IBM will perform another revalidation. If you do not pass this revalidation then your approval to market the products of the SSP Product Group will be revoked and IBM will communicated to you the terms of the revocation. The criteria used for revalidation is the criteria in place at the time the revalidation is performed. For example, if the list of qualifying certifications has changed since you were approved for the product then you must have achieved the required certifications from the current list of qualifying certifications to remain approved to market the product. Contract Review At least ninety days before your contract end date IBM will notify you if IBM intends to renew your contract. If IBM is not going to renew your contract IBM will specify the termination effective date. If IBM is renewing your contract the contract is renewed as specified in the Agreement, unless IBM specifies otherwise in writing. IBM BPA for SaaS Solution Provider V

16 Contract Termination If at any point your approval is revoked for the last or only SSP Product Group for which you have been approved, then your IBM SaaS Solution Provider Agreement will be terminated in accordance with the contract terms. If your contract is terminated for breach of contract or your contract is not renewed then approval for all IBM SaaS Products under this contract will be revoked. If your contract is terminated for breach of contract (as opposed due to failure to meet participation criteria) you may not reapply for the SaaS Solution Provider relationship for a period of one year from date of termination. Product Revocation If IBM revokes your approval for a SSP Product Group under the IBM SaaS Solution Provider Agreement IBM will communicated to you the terms of the revocation. Depending on the reason(s) for the revocation the terms of the revocation may be: In cases such as breach of contract, you will be required to stop marketing the products of the SSP Product Group and all access and usage of the products by you and your End Users must stop on the date communicated to you by IBM. In other cases, you will be required to stop marketing the products of the SSP Product Group on the date communicated to you by IBM. However, you and your End Users may be allowed to continue to access and use existing services through the end of their current Subscription Period. If the existing service is in continuous billing then IBM will specify the number of billing cycles you and your End Users may continue to access and use the product. At the end of the current Subscription Period or the last billing cycle you and your End Users will be required to stop all access and usage of the product. If IBM revokes your approval for a SSP Product Group due to a failure of revalidation or limited authorization approval then you may not reapply for this SSP Product Group until at least 6 months have elapsed from the date of the revocation. If IBM revokes your approval for a SSP Product Group for breach of contract then you may not reapply for this SSP Product Group for a period of one year from date of revocation. You may also request that your approval for a SSP Product Group under the IBM SaaS Solution Provider Agreement be revoked. The request must be submitted to your IBM Representative. If IBM revokes your approval to market a product based on your request then you may reapply for the right to market this same product at any time. If IBM removes a product from a SSP Product Group you will be required to stop marketing that product on the date communicated to you by IBM. Also, IBM will communicate to you if you and your End Users can continue to access and use existing services of that product or if access and usage needs to be discontinued and the terms of discontinuance. IBM BPA for SaaS Solution Provider V

17 OPERATIONS This section provides guidance on some of the operational aspects of doing business under the IBM SaaS Solution Provider relationship before and after the approval process is completed. Submitting a Request for Quotation Contact and work with your IBM Representative to define the opportunity. Your IBM Representative will create and submit an IBM Request for Quotation (IBM Quotation). IBM will review the IBM Quotation and will notify you of the outcome. If approved, IBM will provide you with a quotation that will specify by part number the quantity and pricing information and other terms as applicable. If you accept the quotation as is then you can submit an order against the quote to your IBM Representative. If you want to revise the terms and conditions of an approved IBM Quotation then you need to work with your IBM Representative to prepare and submit a new quotation request with the changes. Note: In some countries you must sign and return the signed quotation to IBM with your order. IBM will notify you if this applies to your quotation. If denied, IBM will notify you of the denial. For your IBM Representative to submit a quote you will need to provide the following information about the opportunity: The products, at the part number level, with quantities specified by part number you wish to order. The billing frequency and subscription period being requested for the service o Note: Each product will have a minimum and maximum subscription period that will be accepted; for example a 3 month minimum subscription. The SasS Solution Provider Transaction Type that will be used for the order. If a Single End User Transaction Type then: o o include the legal name and address of the end user and the IBM customer number of the end user, if one already exists and is known by you. Note: You can contact your IBM Representative for assistance in identifying the End User s IBM customer number. a statement that you have completed a Denied Party List Check and the end user is not on the list. (See the section Denied Party List Check for addition details.) Note: For Single End User transaction done under the Productive Use of IBM SaaS to Offer a Service Business Model, you are considered the end user of the subscription. IBM BPA for SaaS Solution Provider V

18 Your Provisioning Contact information The IBM Remarketer Customer Number for your SaaS Solution Provider relationship Your IBM Representative will conduct an initial validation before they submit the quotation request. This validation includes the following: Validating your eligibility for the products and Transaction Type; Determining if any required part numbers are missing; and If a Single End User Transaction, determining if an IBM customer number already exists for the end user. If an IBM customer number does not exist for the end user then your IBM Representative will request one and once created provide it to you. After your IBM Representative s initial validation of your quotation request, they will submit it for review. The quotation request will be reviewed by IBM and you will be notified of the approval or denial of the quotation request. If the Quote Type of the quotation is FCT then only FCT structured part numbers can be quoted under this Quote Type. If a service subscription is ordered based on a FCT Quote Type then for this service subscription you may request an add-on quotation for the service subscription using FCT part structure part numbers that have a SaaS Solution Provider Eligibility End Date that has passed, as long as the part number is still generally available in the country from which you are ordering. Note: It is your responsibility and not IBM s, to ensure that the part numbers you requested meet the requirements of your End Users. Denied Party List Check For each End User for which you wish to provide access to the IBM service you must perform a Denied Party List check. If the End User is on the Denied Party List then you cannot provide that End User with access to the IBM service. Note: This check needs to be done even if you signed the IBM SaaS Solution Provider Agreement in a country of other than the United States as well as for End User either located within or outside of the United States. For your convenience the following information is provided about the Denied Party List, however it is your responsibility to understand this process and adhere to the requirements. The Denied Party List is a combination of various U.S. Government lists that includes persons and entities that have been identified by the U.S. Government as having violated U.S. export regulations or as being located in, or owned or controlled by, or acting as agents for, Embargoed/Terrorist countries. Any type of business under the SaaS Solution Provider relationship with a person or entity on the Denied Party List cannot occur due to the fact that it may be a violation of U.S. law. The following US Government websites provides additional information: IBM BPA for SaaS Solution Provider V

19 Code of Conduct The Code of Conduct defines the minimum standards of business conduct and business practices with which IBM expects you to comply in regards to your business relationship with International Business Machines Corporation or one or more of its subsidiaries including without limitation marketing, remarketing (or reselling ) or your involvement in an opportunity which results in the sale of products or services provided by IBM. You can access the Code of Conduct via the following link: ibm.com/partnerworld/wps/servlet/ContentHandler/pw_com_jnw_code_conduct/lc=e n_all_zz Pricing IBM pricing will be provided in the IBM Quotation. Placing an Order When you have an approved IBM Quotation you may submit an order to IBM against this quotation, prior to the quotation s expiration date. Your order must be submitted to your IBM Representative and it must reference the applicable quotation number. Your IBM Representative will work with IBM Customer Fulfillment to process your order. Refer to sub section Firm Order Policy for the details concerning the order. All orders will be reviewed upon receipt by IBM Customer Fulfillment. Orders containing all relevant contractual details between you and IBM (Clean Order) will be processed. IBM will notify you of order acceptance or rejection. If the order is accepted, as appropriate, the IBM provisioning team will contact your Provisioning Contact for this order to gather any information needed to complete the provisioning of the service and to complete other tasks specific to each service. When IBM provisioning is completed IBM will provide to your Provisioning Contact the information you will need to fully access the service subscription you ordered. Also, at this time IBM will start the invoicing process. Firm Order Policy You must provide IBM a Purchase Order or a Firm Order Letter. If you are providing a Firm Order Letter, we recommend that you use and complete the IBM Firm Order Letter template. If you do not use the IBM Firm Order Letter template, for IBM to accept your firm order letter it must be submitted on your company letterhead and reference the IBM Quotation number and Total Contract Value of your order. IBM BPA for SaaS Solution Provider V

20 Purchase Order Requirements A Purchase Order must meet the following conditions. The Purchase Order is on your company letterhead The Purchase Order must include: The IBM Quotation number or all part numbers, quantities and price as specified in the IBM Quotation that was provided to you and/or a dollar amount that at least covers the Total Contract Value of the order and the Subscription Period and billing frequency as specified in the IBM Quotation that was provided to you Payment terms, delivery data and taxability status Ship to and bill to information The Purchase Order must be submitted under the IBM Remarketer Customer Number provided to you for your SaaS Solution Provider relationship The Purchase Order must have no contingencies specified. Any order submitted without a Purchase Order or a Firm Order Letter will be rejected by IBM. Order Rejection Process If an order is rejected, your IBM Representative will contact you and provide you with the reason(s) for rejection. The information of the rejected order should be corrected and then resubmitted to your IBM Representative, unless specified otherwise. In some cases, a rejected order may require that a new IBM request for quotation be created, submitted and approved; your IBM Representative will inform you if this is applicable. The date and time stamp of the order will be determined based on when IBM received a Clean Order and not when the order was originally sent. Product Returns Eligible IBM SaaS Products acquired under IBM SaaS Solution Provider are NOT eligible for return. Invoicing Once the service has been provisioned by IBM, IBM will start to invoice you for the charges related to the IBM SaaS Product. Payment should be made as specified in the IBM invoice to you. IBM BPA for SaaS Solution Provider V

21 For non financed invoices, payment is subject to the terms of the Agreement. For financed invoices, payment is in accordance with the terms of the financing entity, for example the IGF financing entity. Invoice queries should be directed to the contact point identified in IBM s invoice to you. For IBM SaaS Products, invoicing will be based on the billing frequency specified in the IBM Quotation. The following are the billing frequencies options; however, some billing frequencies options may not be available for some IBM SaaS Products. Billing Frequency Options Upfront Annual Quarterly Monthly When Subscription Charges Invoiced Total subscription charges are invoiced in the first full month of the subscription Twelve months of subscription are invoiced in the first full month of the twelve month period Three months of subscription are invoiced in the first full month of the three month period One month of subscription is invoiced in the month after the subscription is used Note: Charges such as daily, overage or on-demand are always invoiced in the arrears regardless of the billing frequency option selected. Invoice for SaaS Charges that are unknown at time of Business Partner s Order to IBM IBM Software as a Service offerings that you order can include part numbers where the charges for these part numbers are unknown at the time the order is processed by IBM (for the purpose of the Operations Guide called "Subsequently Charged Part Number"). You will be invoiced for a Subsequently Charged Part Number if you or your End User uses the IBM SaaS Product in a manner that triggers charges for one or more of these part numbers that were included in the order. Subsequently Charged Part Numbers are IBM SaaS part numbers such as Daily, Remotely Delivered Service One Time Use, Overage and On-Demand. Subsequently Charged Part Numbers will be invoiced to you as usage is incurred and reported. Some Subsequently Charged Part Numbers are required to be included in the IBM Quotation and Purchase Order regardless if you or your End Users do or do not plan to use the service in such a manner that triggers charges for these part numbers. Notwithstanding IBM s prior practice or process, when you order IBM SaaS Products with Subsequently Charged Part Numbers: (i) the order for these part numbers is firm and irrevocable upon the determination of such charges by IBM, (ii) You are obligated to pay such charges as invoiced, and (iii) Your payment to IBM for the invoices for these part numbers is not contingent upon issuance of a purchase order to IBM. IF YOU DO NOT AGREE WITH THE SAAS ORDERING PROCESS REGARDING SUBSEQUENTLY CHARGED PART NUMBERS AND THE NO-PURCHASE ORDER REQUIREMENT FOR THESE PART NUMBERS THEN DO NOT ORDER IBM SAAS PRODUCTS THAT INCLUDE THESE PART NUMBERS. IBM BPA for SaaS Solution Provider V

22 Non-Authorized Products If you place an order which includes products for which you are not approved under your IBM SaaS Solution Provider relationship or they are not an Eligible Products, then that order will be rejected in its entirety. Reviewing your Certification Status If you want to review if your company has the necessary skilled resources to qualify for IBM SaaS Solution Provider approval for a product your IBM PartnerWorld Authorized Program Administrator of your HQ location may review the status of your certifications at any time by signing on to your IBM PartnerWorld profile. Detailed instructions to do this are as follows: 1. Log on to your Business Partner Profile in the Partner Profiling System at 2. Go to your Country Enterprise record. 3. Click on PartnerWorld level Summary. 4. Click on Click here to see how skills are counted towards level attainment. 5. Click on View Skills Summary report for all employees for all locations within the enterprise. 6. Find the Counts toward Premier/Advanced Level column. 7. Scan the column for sales or technical software certifications. Technical certifications which are current will have the world Technical next to the name of the certification on your employee profile. If the word Technical does not appear, then the certification is no longer current and does not fulfill your certification requirement for the Product. You can also contact for further help reviewing your certifications. As an alternative, your IBM PartnerWorld Authorized Program Administrator (APA) in the headquarter location can download a Skills Report by doing the following: 1. Log on to your Business Partner Profile in the Partner Profiling System at 2. Go to your Country Enterprise record. 3. Click on Reports 4. Click on Skills Reports 5. Select fields and download for review IBM BPA for SaaS Solution Provider V

23 Contacting IBM For any questions concerning the status of your SaaS Solution Provider application, send an to: or contact your IBM Representative. Retaining Records You are expected to maintain business records with an appropriate level of detail, including but not limited to: the End User s name and address, quantity of subscription they have access to, transaction date, copy of their acceptance of your Terms of Use and EUSA documents, etc. Review of Business Models and Guest Users As specified in the IBM SaaS Solution Provider Agreement you are required to retain documentation of which business model is being used for each subscription and in addition you need to retain if any Guest User access was granted and to whom. For the business models: Business Partner s productive use of IBM SaaS as part of their Service to the End User; and Developing a Business Partner branded product that includes the IBM SaaS Product; you will include a description of each service or product offered, as applicable, in your documentation. IBM reserves the right to periodically review these documents. Should IBM wish to review these documents, IBM will send you a written notice. The requested document(s) must be provided to IBM, at the location specified in the notice, within 30 days of the notice, unless specified otherwise. If after review of your documentation, if IBM determines you are not in compliance IBM will specify the actions you must take to be in compliance. Sales Tax You should provide IBM, prior to ordering an IBM SaaS Product, your 'sales tax waiver(s)". If a sales tax waiver is provided to IBM then IBM will not collect sales tax on the transaction from you and it is your responsibility to collect and pay any applicable taxes. However, if you do not provide IBM an sales tax waiver then IBM will bill you any applicable sales tax based on your location and you or your End User are responsible for collecting and or paying any applicable sales tax based on your End User s location. Terms of Use You can access the latest Terms of Use document for each IBM SaaS Product on the IBM PartnerWorld website. IBM BPA for SaaS Solution Provider V

24 If the product is being ordered with part numbers that have a Part Number Structure Type of PPA use the following link: Software as a Service Terms of Use If the product is being ordered with part numbers that have a Part Number Structure Type of FCT use the following link: Selected SaaS Offerings for the Non-Passport Advantage Environment (FCT) Appendix G IBM Software as a Service Terms of Use by SSP Product Group of the Supplement provides the list of which IBM Software as a Service Terms of Use documents apply to each SSP Product Group. Review of Business Partner s Terms of Use and Service Agreement Document As specified in the IBM SaaS Solution Provider Agreement you are required to retain copies of each version of your Terms of Use and your written agreement with your End User ( End-user Services Agreement or EUSA ). IBM reserves the right to periodically review these documents. Should IBM wish to review either of these documents or your compliance with execution of these documents with your End Users, IBM will send you a written notice. The requested document(s) must be provided to IBM, at the location specified in the notice, within 30 days of the notice, unless specified otherwise. If after IBM s review of the document(s) if IBM has any required changes to the IBM required terms, IBM will provide you a written notice of any necessary changes. The date by which the changes have to be made by and if the changes apply to exist and or new subscription service agreements will be specified in the written notice. If after review of your compliance with the execution of these documents with your End Users if IBM determines you are not in compliance IBM will specify the actions you must take to be in compliance. End User Compliance with Terms of Use If you become aware of an End User s failure to comply with any of the terms and conditions of your Terms of Use, through an audit or other means, you are required to notify your IBM Representative, as specified in the Agreement. The notice should include at a minimum: An explanation of the failure Any actions you have already taken and their status Any further actions you plan to take and the timeframe IBM BPA for SaaS Solution Provider V