Terms and Conditions: Deal Registration

Submission of Deal Registrations; Approval Process

To register a sales lead, a partner must have an active partner agreement with Posit and be in good standing, and must comply with all of the following:

a) The sales lead must meet the deal registration criteria set out in the next Section: Deal Registration Criteria.

b) The Partner must submit the sales lead to Posit for review using the Deal Registration Form here: https://pages.posit.co/partner-deal-registration.html

c) Each registration of a sales lead must represent a single sales lead with a single end-user. The Partner may not combine sales leads or end-user accounts for any purpose. The Partner must apply for a separate deal registration for additional or different business opportunities with a sales lead.

d) The Partner must provide all known end-user and opportunity information, including without limitation:

• Company name, correctly spelled, no acronyms
• Customer First and Last Name
• Customer Business Email Address
• Customer Phone Number
• Timeframe to Close
• Posit Software (i.e., Workbench, Connect, Package Manager)
• Proposed Subscription Term
• Estimated number of Users
• Notes: i.e., use cases, competitors, etc.

The first Posit partner to submit a sales lead registration form with complete and accurate information and that complies with all requirements set forth herein will be eligible for approval of the sales lead by Posit.

Posit will notify the Partner by email that the sales lead registration is approved, and the sales lead has been registered (“Approved Deal Registration”), or that the sales lead registration has been declined ( “Denied Deal Registration”). Posit will strive to notify a Partner of its decision within one (1) business day but notification may take longer.

Deal Registration Criteria

A sales lead is not eligible for deal registration with Posit unless the sales lead meets all the following criteria as determined in Posit’s sole discretion.

a) The sales lead is not being pursued directly by Posit at the time the Partner submits the registration. In certain circumstances, despite Posit indicating a direct pursuit of a sales lead, the Partner may reach out to Posit (or Posit may reach out to the Partner) to discuss collaboration on the sale.

b) The sales lead is not registered by another Posit partner. However, in certain circumstances, Posit may grant registrations to multiple partners for the same sales lead, if Posit determines it is required by local laws. 

c) The sales lead is not the subject of a Public Tender that has been published; provided, however, that before the Public Tender has been published, the Partner shall be eligible to register the sales lead. “Public Tender” means a request for proposal (RFP), invitation for bid (IFB), indefinite delivery indefinite quantity (IDIQ), or similar public sector tender process that is subject to public procurement laws or regulations.

d) The sales lead is for an annual, non-cancellable subscription to the Posit products and/or services with a minimum term of twelve (12) months.

e) The Partner has provided sufficient information when registering the sales lead to allow Posit to determine whether the Partner is well positioned to service the sales lead and whether to approve the registration, including without limitation sufficient information with respect to the Partner service, and timing of the Partner services, to be provided by Partner to the customer.

f) The sales lead is for a New customer or Expansion customer. Registration is not granted for Renewals.

Deal Registration Term

Each  Approved Deal Registration will be valid for ninety (90) days beginning from the date of Posit’s notification to the Partner o f approval ( “Registration Term”). In its sole discretion, Posit may grant an extension or renewal of the Registration Term. After expiration of the Registration Term, Partner may submit a new deal registration form and restart the deal registration process.

Exceptions

1. EXCEPTIONS FOR POSIT QUOTES AND BIDS

Notwithstanding anything to the contrary herein, Posit may, in its sole discretion, quote or bid the Posit products, and sell subscriptions to the Posit products, for any sales lead with an Approved Deal Registration for any reason, including without limitation in any of the following scenarios.

a) The customer requests that Posit quote or bid on the deal or requests that Posit sell the subscription to the customer directly.

b) The customer is a current “active” customer of Posit directly for the Posit products included in the Approved Deal Registration.  A customer is considered “active” if Posit products were sold to the customer by Posit directly in the three (3) months immediately preceding the date of the Approved Deal Registration.

c) The customer has rejected the Partner’s bid or quote.

d) The customer uses Posit’s online resources, such as Posit’s website to receive pricing or purchase the products from Posit.

e) The Partner does not close the deal within the Registration Term, and no extension or renewal of the Registration Term has been granted by Posit.  A deal is considered “closed” when Partner executes Posit’s standard order form for the resale of the products to the customer specified in the registration form and pays Posit all amounts due thereunder.

f) The sales lead is the subject of a Public Tender.

g) Any of the scenarios set forth in Section 5.4.2 (Deal Registration Exceptions).

2. DEAL REGISTRATION EXCEPTIONS

Posit may, in its sole discretion, deny, remove, rescind, suspend, or terminate any Approved Deal Registration or Partner’s participation in the Deal Registration Program in any of the following scenarios:

a) The Partner is not actively working the deal or has been inattentive to the customer's needs (for example, by failing to respond to the customer’s or Posit’s communications).

b) The Partner does not lead with or quote the Posit products identified in its registration form.

c) The Partner quotes a competitor's product or service for the opportunity.

d) The Partner does not include Partner services with the order for Posit products for the customers it submits to Posit for registration.

e) Posit is under a legal or contractual obligation to quote or bid on the deal, or if failure to quote or bid on the deal could subject Posit to legal liability (as determined by Posit in its sole discretion).

f) A Public Tender is issued only to a licensor (such as Posit), calls for submissions only from licensors (such as Posit), and/or excludes the Partner from submitting a bid.

g) The Partner is not able to fulfill the deal or provide support for the customer (for example, by failing to have sufficient credit available for the deal, if the customer refuses to work with the Partner, or, with respect to government deals, if the Partner doesn’t possess the required security clearances).

h) The customer chooses to fulfill its bid requirements under a contract vehicle which is not held by the Partner, or in a manner that prevents the Partner from being able to fulfill such requirements.

i) The Partner’ account has been placed on hold by Posit or the Partner has been late in paying undisputed invoices.

j) It is determined that the customer opportunity is already registered to another Posit partner.

k) The Partner (1) is in breach of the Professional Services Partner Reseller Agreement, (2) has engaged in any activity that impairs the integrity of the Posit Partner program or this Deal Registration Program, (3) has submitted information that is inaccurate, incomplete, misleading, or fraudulent, or (4) has engaged in conduct that causes damages, embarrassment, or adverse publicity to Posit, in each case as determined by Posit in its sole discretion.

l) For any other reason as Posit shall determine in its sole discretion.

3. DEAL REGISTRATION AND COMMUNICATIONS

Deal registration does not prohibit Posit from circulating marketing and other promotional materials to customers with Approved Deal Registrations as a part of marketing communications the customer has signed up for or has not opted out of or from providing support services or other services to a customer with respect to a customer’s subscription to Posit products.