Lunch & Learn in a Box Program Terms and Conditions

Conduct a Lunch & Learn Event within the Lunch & Learn in a Box Program (the “Lunch & Learn Event”) and get the eligible incentives and funding described in the terms and conditions.

By participating in this Program, you hereby agree to abide by General Promotion Terms & Conditions (the “Terms”) available at https://www.nakivo.com/resources/promo/nakivo-promotion-general-terms/ and NAKIVO Privacy Policy available at https://www.nakivo.com/support/privacy-policy/ (the “Privacy Policy”). If you disagree with the Terms and/or Privacy Policy, do not participate in the Program.

PROGRAM PERIOD

Start date: July 1, 2025.
End date: September 30, 2025.

Program Overview

The NAKIVO Lunch & Learn face-to-face event is designed to help NAKIVO Partners drive revenue growth and increase demand for NAKIVO Backup & Replication and associated products in their markets. Through the Lunch & Learn Event, NAKIVO supports Partners with organization, marketing content, and partial reimbursement of the expenses.

Purpose

This document aims to familiarize NAKIVO Partners with the terms and conditions for benefiting from the Lunch & Learn face-to-face event. Partners who want to apply for the Lunch & Learn Event must read and accept the terms and conditions set forth in this document.

Definitions

  • “Attendee” means a person or organization interested in purchasing or distributing NAKIVO products or expanding current end-user or reseller relations with NAKIVO. For avoidance of doubt, a legal entity is deemed a single Attendee, regardless of how many persons are present at the Lunch & Learn Event.
  • “Lunch & Learn Event” or “Event” means the offline event and dedicated marketing activities planned jointly with the Event Host. Lunch & Learn Event can be organized in the following formats:

    • With a distributor for existing/new partners;
    • With a reseller for existing/new customers; and
    • With distributors and resellers sales and technical staff (training).

  • “Event Host” means the business entity (distributor or reseller) that:

    • Has a valid distribution or reseller agreement with Nakivo that hosts a Lunch & Learn Event; and
    • Meets the requirements of the NAKIVO Partner Program.

  • “Marketing Materials” means all collateral materials created and provided by NAKIVO to the Event Host as part of the Lunch & Learn Event activity.

Eligibility Criteria

  • To be eligible for the Lunch & Learn Event, the Event Host must meet the following requirements:

    • Be an existing or newly signed NAKIVO partner or NAKIVO distributor;
    • Complete the short form to confirm their participation in the Lunch & Learn Event; and
    • Accept and comply with these Terms and Conditions.

  • The Lunch & Learn Event is eligible for partial reimbursement by NAKIVO if it has one or several of the following objectives:

    Distributors
    • Expand NAKIVO’s channel network through recruitment of new resellers (available only for authorized distributors); and/or
    • Reactivate resellers who have not made a purchase for two consecutive quarters or longer.

    Resellers
    • Acquire new customers: lead generation and making sales to potential customers; and/or
    • Develop, upsell and/or retain existing customers.
  • The Lunch & Learn Event should be jointly planned by the Event Host with NAKIVO Sales and Marketing Teams and must be pre-approved by NAKIVO.

Procedure

1. Event Planning in cooperation with NAKIVO;
2. Receiving Approval;
3. The Lunch & Learn Event Execution;
4. Results and Proof of Execution;
5. Claiming Reimbursement;
6. Receipt of Payment.

For any questions about any of the stages, the Event Host should contact their NAKIVO Channel Manager or Channel Event Manager who will navigate them through the procedure to receive partial reimbursement for the Lunch & Learn Event.

Incentives and Funding

  • Event Hosts should plan the Lunch & Learn Event every other quarter of the year, unless there are limitations or other specific conditions based on each separate market requirement.
  • NAKIVO shall compensate 50% of costs for the Lunch & Learn Event based on the invoices provided.
  • The minimum number of event participants must be 5 companies.
  • Event Host have the opportunity to receive an additional bonus of $25 (EUR 20, GBP 15) per each organization represented on top of the mandatory 5 organizations. In this case, the event can include 10-15 participants (companies).
  • Number of Lunch & Learn Events that can be partially funded by NAKIVO under this Program is limited to 50 per quarter. Number of Lunch & Learn Events that can be hosted by a single Event Host is limited to 2 per quarter.
  • The Lunch & Learn Event can be organized in cooperation with other vendors, but no more than three vendors per event. In this case, event costs are split equally among all event organizers.
  • The amount of Nakivo`s budget reimbursement must be pre-approved for each Lunch & Learn Event minimum 30 days before the event. If the activity is canceled, the date is postponed by more than 14 days, and/or the venue is changed, the Event Host must apply for approval of the event again. Approved funds that remain unused for an approved event will expire automatically if it is not held on the agreed date.

What Isn’t Covered

  • Marketing activities without proper proof of execution and cost;
  • Travel to or from events;
  • Accommodation expenses;
  • Tax-related expenses; and
  • Anything unrelated to NAKIVO.

1. Planning

To plan the joint Lunch & Learn Event with NAKIVO, the Event Host should follow the outlined procedure:

  • Complete the short form to confirm their participation in the Lunch & Learn Event.

  • Have a discussion with NAKIVO Channel Manager and Event Manager to discuss the preliminary details of the Lunch & Learn Event. The following aspects must be discussed:

    1. Type of the event;
    2. Date;
    3. Target audience;
    4. Anticipated number of Attendees;
    5. Anticipated number of persons representing the Attendees at the Lunch & Learn Event;
    6. Budget;
    7. NAKIVO’s speaking slot;
    8. Venue;
    9. Giveaways;
    10. Marketing content required for the event;
    11. Activities prior to the event to get more Attendees involved; and
    12. Other activities in the country following the event such as webinars, mail blasts, telemarketing campaigns, social media posts.

2. Applying for Approval

To apply for an Event approval, the Event Host must send an Application email to their NAKIVO Channel Manager and Channel Event Manager with detailed information about the Lunch & Learn Event (See Planning). NAKIVO shall evaluate the Application based on the information provided by the Event Host. If the Event Host modifies the Lunch & Learn Event that has already been approved, the Event Host must re-submit the Application with the changes to NAKIVO for re-approval. NAKIVO reserves the right to request additional information and/or documents before granting approval.

3. Receiving Approval

NAKIVO shall review and evaluate the Lunch & Learn Event Application within 30 days from the date of receipt of the Application. Once the Lunch & Learn Event Application is approved without any qualification or conditionally, or it is denied, we will inform the Event Host about NAKIVO’s decision via email.

NAKIVO shall not consider a verbal approval as binding in any way. Event Host shall not commence any Lunch & Learn Event until it has been approved in writing by NAKIVO.

4. The Lunch & Learn Event execution

The Event Host is responsible for booking the Lunch & Learn Event venue, hiring catering company, organizing an entertainment program, and conducting other market-based activities.

NAKIVO shall provide marketing materials, marketing content and branded giveaways in case mutually agreed with the Event Host during the Planning process.

5. Results and Proof of Execution

Upon successful completion of the approved Lunch & Learn Event, the Event Host must provide NAKIVO with the results and proof of execution of the Lunch & Learn Event to be able to claim the agreed reimbursement amount.
NAKIVO expects that the Lunch & Learn Event will yield results that are actionable and can be monetized. The Event Host must submit the results and proof of execution within 15 days from the end of the Lunch & Learn Event by enclosing them in an email to the Event Host’s NAKIVO Channel Manager and Channel Event Manager.
The following information must be included:

  • Visual Proof of the Lunch & Learn Event results (event pictures and videos);
  • The final Attendee list of the Lunch & Learn Event, detailing: Attendees’ company names, first and last names as well as job titles of persons representing the Attendees, Attendees’ delegates’ corporate email addresses (public email domains such as Yahoo, Gmail, Hotmail, etc. are not qualified for the Program), company name, business phone number, and country (in case it`s allowed by applicable privacy legislation). The list must be accompanied with sufficient evidence of permission for processing of the personal data of Attendees.
  • Third party invoices and other documentation directly related to the Lunch & Learn Event that NAKIVO may request.

6. Claiming Reimbursement

To claim partial reimbursement from NAKIVO for the cost of the Lunch & Learn Event, the Event Host must send an invoice by email to their NAKIVO Channel Manager with the necessary details for a wire transfer. Based on the documentation received (as outlined in Section 5 Results and Proof of Execution), NAKIVO will determine the Event Host’s compliance with the outlined requirements. If NAKIVO deems that the Event Host has complied in full with all requirements, the agreed partial reimbursement amount shall be approved in writing for disbursement. If the actual number of Attendees of the particular Lunch & Learn Event is 50% or lower compared to the agreed and approved by NAKIVO number of Attendees, NAKIVO may choose not to fund the activity or fund only a portion of what was initially agreed upon.

7. Receipt of Payment

Payments for the Lunch & Learn Event are made based on the approved amount. Any incremental costs of the Lunch & Learn Event that go beyond an agreed-upon amount are the sole responsibility of the Event Host. NAKIVO issues payment within 60 days after the reimbursement claim received from the Event Host is approved. If the Event Host does not receive payment by wire transfer in that time period, they should contact their NAKIVO Channel Manager.

8. Payment

Payments will be made via wire transfer. Event Host must provide NAKIVO with all financial and banking information requested in order to make a payment. Failure to provide such information within thirty (30) days after request by NAKIVO may result in forfeiture of amounts owed to Event Host by NAKIVO.
Any claims concerning the payment amount must be received in writing (along with Event Host’s current contact information) to NAKIVO no later than thirty (30) days following receipt of the payment. If NAKIVO does not receive written notice within this thirty (30) day period, Event Host will be deemed to have waived any such claim. NAKIVO’s decisions with respect to the approved Lunch & Learn Event and the amount of payments are at NAKIVO’s sole discretion. All decisions are final.
Any payment made does not include any taxes. Event Host is responsible for paying all taxes arising out of any payment received for the Lunch & Learn Event. Each party will pay for its own costs and expenses related to the Lunch & Learn Event unless otherwise agreed in writing.

9. Audit

The Event Host must keep all relevant documentation pertaining to the Lunch & Learn Event and related marketing activities for 3 years from the date of receiving the partial reimbursement amount by wire transfer. NAKIVO reserves the right to conduct an audit of the proof of performance and execution with or without cause. If and when NAKIVO decides to perform such an audit, the Event Host shall make all relevant documentation available to NAKIVO.

10. Representations and Warranties

The Event Host represents and warrants that:
a. It has the right, power and authority to participate in the organization and execution of the Lunch & Learn Event and perform according to its terms;
b. The performance of its obligations under the Lunch & Learn Event execution will not breach any agreements with a third party and will strictly comply with the Program Terms and Conditions;
c. The performance of its obligations under the Lunch & Learn Event execution and related marketing activities will be compliant with all applicable standards, laws, regulations and rules;
d. The marketing activities related to the Lunch & Learn Event execution will not infringe or misappropriate any copyright, patent, trade secret, trademark or other proprietary right held by another party; and
e. The Lunch & Learn Event and related marketing activities will be performed in a professional, lawful and ethical manner and will not include any libelous, deceptive, materially false, or misleading statements or practices.
f. The Event Host shall refrain from granting the Attendees with excessive hospitality or gifts that may act or be perceived as a bribe or an unfair benefit.

11. No Warranties

Except as provided herein, NAKIVO expressly disclaims all other express, implied, or statutory warranties, such as warranties of merchantability, fitness for a particular purpose, title, and non-infringement. This also includes any implied warranty arising from course of performance, course of dealing, usage of trade, lack of errors, satisfactory condition, or quality.

12. Indemnification

The Event Host will, at NAKIVO’s request, indemnify, defend, and hold NAKIVO harmless from and against any third-party claims, suits, demands, costs, liabilities, expenses, and damages (including attorneys’ cost and fees) (collectively “Claims”) arising out of or in connection with Event Host’s performance under the Lunch & Learn Event, including any Claims made in connection with any the Lunch & Learn Event and related marketing activities.

13. Limitation Of Liability

To the maximum extent permitted by law, in no event will either party be liable for any indirect, incidental, consequential, punitive, special, or exemplary damages arising out of or that relate in any way to this agreement or its performance. This exclusion will apply regardless of the legal theory upon which any claim for such damages is based, whether the parties had been advised of the possibility of such damages, whether such damages were reasonably foreseeable, or whether application of the exclusion causes any remedy to fail of its essential purpose. This exclusion will not apply to the Event Host’s indemnification obligations, violation of NAKIVO’s intellectual property rights, or willful misconduct.

14. Intellectual Property

NAKIVO grants the Event Host a nonexclusive, non transferable, non-assignable, limited license to use the marketing materials solely in connection with the NAKIVO-approved the Lunch & Learn Event and related marketing activities. Event Hosts may not modify the marketing materials. Except as expressly licensed to Event Host herein, NAKIVO retains all right, title and interest in and to the marketing materials (including all intellectual property rights).

15. Miscellaneous

Participation in the Lunch & Learn Event and related marketing activities is voluntary. Participation in the Lunch & Learn Event and related marketing activities does not create an employer-employee relationship, partnership, joint venture, or agency relationship and does not create a franchise. Neither the Event Host nor any of its representatives may make any representation, warranty, or promise on NAKIVO’s behalf. The Event Host is solely responsible for complying with all applicable local, state, and federal laws and regulations pertaining to its activities while organizing the Lunch & Learn Event.

16. Disclaimer

NAKIVO has the right to cancel the Lunch & Learn Event activity or change the Lunch & Learn Event requirements, related marketing activities, or the partial reimbursement rate at any time and at its sole discretion.