CA Technologies: New CA ARCserve® Competitive Promotion Offers 3-Year U nlimited Data Growth License Offer Extended until 31st March 2014 Introduction This Offering (the “Offering”) provides an opportunity for CA Data Management Resellers (“Partner” or “Eligible Partner”) to sell to eligible End Users, who displace all their current competitors’ backup or disaster recovery software for CA ARCserve, a competitive upgrade product which provides an unlimited Data growth license for their customer for the first three years. CA Data Management deals can be registered by Partners through the standard deal registration process. Eligibility, requirements, terms and conditions PARTNERS MUST MEET ALL OF THE FOLLOWING CRITERIA AND ABIDE BY THESE TERMS AND CONDITIONS AT ALL TIMES IN ORDER TO PARTICIPATE IN THE OFFERING: 1. Partners must be enrolled as a CA Premier, Advanced or Member level reseller, as defined in the CA Data Management Partner Program Guide. 2. To qualify for the Offering, a Partner must first have the prospective deal registered and then approved by CA. Note, End User information must be included in order to register a deal: End User Account Name Contact Name E-mail Address Phone Number Competitor Product (if any). 3. Within the 21 days after registering a deal, the Partner must have completed (and/or provide evidence of completing) one or more validation activities, or deal approval may be rescinded by CA. Such validation activities include: • A meeting between the Partner, End User and a CA Technologies representative. • A CA ARCserve briefing and/or demo with the End User (within the last six months). • Creation of a formal needs/requirements analysis and/or architectural documents. • A proposal, presented to the End User, pertaining to the opportunity. • Delivery or download of an ARCserve free trial (within the last 30 days), related to this opportunity. • Correspondence from the End User, documenting their requirements, regarding this opportunity. 4. The Discount portion of this Offering is based off of CA’s then current MSRP and on New Contract Value (NCV) only. Maintenance renewals are not eligible for this Offering. Copyright © CA 2013. All rights reserved. CA Confidential and Proprietary Information. No unauthorized copying or distribution permitted. Information subject to change without notice. All trademarks, trade names, service marks and logos referenced herein belong to their respective companies. 5. Orders must be submitted to an authorized distributor with a CA approved Deal Registration Certificate and associated Promo Code no later than March 31, 2014 at 5:00 PM EST. Notwithstanding anything to the contrary all terms governing payments, pricing and discounts are between Partner and their chosen CA authorized distributor. 6. This Offering CANNOT BE COMBINED with any other discounts or promotions which are made available by CA or its affiliates or subsidiaries except for CA’s Deal Registration offering. 7. Eligible Products are: CA ARCserve r16 . This Offering applies only to Eligible Products that are purchased for the purpose of sale directly to End Users for the End User’s Internal Use. OEM, ISV, retail products, box products, education, professional services, outsourcing, managed services, and Partner internal use products are excluded from the Offering. 8. Partners registering a potential sales opportunity for the resale of Eligible Products to an End User and complying with these Terms and Conditions may be eligible for an at-time-of-purchase discount on the New Contract Value (“NCV”) on the Net to CA. In calculating the NCV, CA will exclude all taxes, consulting and other professional services fees, shipment charges and other ancillary charges. CA is not responsible for any taxes or levies that may arise from this discount. 9. End User terms apply. 10. The Offering is valid Worldwide with the exclusion of South Africa but always excluding anywhere prohibited by law. 11. You must have accepted the CA online Partner Program Agreement. 12. You must review and agree to the Terms and Conditions at ca.com/partnerportal. Eligibility for this Offering will only be available from the date you have signed up and been approved as an active Partner. 13. Eligibility for this Offering will only be available from the date you have registered the deal, and the registration has been approved by CA prior to the Offering’s expiration. 14. For any cost reimbursement type contract or other agreement in which Partner has an obligation to notify and/or provide the government with any rebates, discounts, etc. that it receives as a result of that contract or agreement, Partner agrees that it is its sole responsibility to fulfill any such obligation. 15. You must not be in breach of any terms of the CA online Partner Program Agreement or be on credit hold with CA or your CA authorized distributor. A breach or placement under credit hold shall entitle CA to immediately suspend or exclude the Partner from the Offering. 16. CA reserves the right to request additional information to validate claims. 17. CA’s decision as to eligibility to participate in this Offering shall be final and conclusive. CA reserves the right at any time to change, withdraw or alter the incentive or any benefit under the registration or eligibility requirements in any way and CA reserves the right to exclude any partner that it deems does not meet these Terms and Conditions or whose conduct violates the spirit of the Offering. 18. Eligibility for the discount must be validated by the documentation of following opportunity details by Partner to CA: VALIDATION CRITERIA: I. End User Company (must have correct spelling) II. Expected Close Date III. Name Your Opportunity (optional) IV. Additional Opportunity Details (including special Promotional codes) V. Distributor (optional) VI. Choose Products and Deal Values VII. Any other information reasonably requested by CA Copyright © CA 2013. All rights reserved. CA Confidential and Proprietary Information. No unauthorized copying or distribution permitted. Information subject to change without notice. All trademarks, trade names, service marks and logos referenced herein belong to their respective companies. 19. Public Sector (i.e., Federal Government (FED) or State and Local Government and Education (SLED)) transactions are not eligible for this Offering 20. CA reserves the right to withdraw its approval at any time. 21. Only one Partner can register a qualifying deal for a specific End User. 22. All decisions regarding this Offering are at the sole discretion of CA and are final. CA reserves the right to determine whether or not any deal over $250,000 USD qualifies for this Offering. 23. CA may, at its sole discretion, audit the Partner supplied information in the system and disqualify claims that are found to not comply with the information provided at time of registration. This audit may be completed through whatever means CA deems necessary. CA Offering Process 1. Partner submits prospective deal including all mandatory registration information. 2. Deal Registration ID Number is created for the registered opportunity. 3. The registered deal is reviewed and validated by CA for eligibility. 4. Partner receives an email notification with acknowledgement of receipt of deal registration along with status update: New, Approval, Extension, Expiring, Paid, or Rejected, as defined below. New Deal Creation Receipt Deal Approval Expiry Date Change Expiry Warning Paid Rejected Deal Registration is awaiting approval from CA Deal Registration is approved based on program guideline compliance Deal Registration expiration date extended Deal Registration expiration warning Deal Registration activity documented and verified by CA and Partner is paid for appropriate level of incentive Deal Registration rejected and cancelled, due to insufficient information, previously registered, does not meet specified program requirements. Email sent to Partner explaining rejection rationale. By participating in this Offering, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. Copyright © CA 2013. All rights reserved. CA Confidential and Proprietary Information. No unauthorized copying or distribution permitted. Information subject to change without notice. All trademarks, trade names, service marks and logos referenced herein belong to their respective companies.