Norton™ Partner Portal

Effective July 2014

A: NORTON PARTNER PORTAL TERMS AND CONDITIONS: RESELLERS

1. Norton™ Partner Portal

1.1 The following are the Terms and Conditions ('Norton Partner Portal Terms and Conditions') of the Norton Partner Portal Program ('Norton Partner Portal', "NPP" and 'Portal'), a program operated by Symantec Limited of Ballycoolin Industrial Park, Blanchardstown, Co. Dublin 15, Ireland ('Symantec'). As per this Norton Partner Portal, Symantec provides a web-based application under which the person to register from an EMEA Symantec Partner ('Reseller') on behalf of the Reseller, may obtain on behalf and for the benefit of the Reseller marketing and technical benefits and services subject to accepting the Norton Partner Portal Terms and Conditions.

1.2 Resellers may only register onto the Norton Partner Portal through a specific representative of their organization deemed their Primary Contact. Subject to Section 3 - Eligibility below, the Primary Contact is the only Reseller's employee entitled to (i) register the Reseller onto the Norton Partner Portal and update all company details on behalf of the Reseller, (ii) confirm the inclusion of the Reseller onto the Norton Partner Locator where relevant, as well as edit or remove sites from the Norton Partner Locator, (iii) register the Reseller onto any Norton Partner Portal related promotions and programs and (iv) request and obtain NFRs on behalf of the Reseller, (v) can transfer these rights to other Users, using the mechanisms, processes and tools as provided by Symantec, assuming that the new User accept, in turn, these Primary Contact Terms and Conditions. However, subject to accepting the Norton Partner Portal Terms and Conditions, Resellers' employees other than the Primary contacts may also register onto the Norton Partner Portal as secondary users of the Reseller ("Users"). Upon successfully registering onto the Norton Partner Portal, Users will gain access to such Portal but only on behalf and for the benefit of the Reseller. By registering onto the Norton Partner Portal, both Primary Contacts and Users undertake that they have the prior explicit authorization of their employer to register onto such Portal. For the purpose of these Norton Partner Portal Terms and Conditions, Resellers successfully registered onto the Norton Partner Portal are defined as Members.

1.3 Additional promotions as available from time to time to Members may be governed by separate terms and conditions. Subject to their acceptance, these separate terms and conditions are incorporated hereby into these Norton Partner Portal Terms and Conditions (and are referred to collectively as the "Norton Partner Portal Terms"). The specific terms and conditions for such additional programs or promotions shall govern these particular programs and promotions. Please read the Norton Partner Portal Terms and Conditions carefully. This is a legal and enforceable contract between Symantec and Members. Members will be deemed to have accepted these Norton Partner Portal Terms and Conditions (and any accompanying program or promotion terms as applicable) by ticking the box 'I agree'. If a prospective Member does not agree to these Norton Partner Portal Terms and Conditions, such prospective Member needs to log off from the Norton Partner Portal and will be excluded from entry to the Norton Partner Portal.

2. Contacting Symantec in respect of the Norton Partner Portal

2.1 Unless otherwise specified in these Portal Terms and Conditions, all communications with Symantec arising out of or connected with the Norton Partner Portal should be addressed to the Norton Partner Portal team, Symantec (UK) Limited, 300 Brook Drive GreenPark Reading RG2 6UH, ('Norton Partner Portal Team').

2.2 Members may contact the Norton Partner Portal Team, via the "Contact us" text link provided for each language (country) at https://nortonportal.com throughout the duration of the Norton Partner Portal.

3. Eligibility

3.1 The conditions precedent to being a Primary Contact and a User are:

3.1.1 The Primary Contact and the User must be full-time employees of a Reseller. For a full list of Symantec Managed Accounts, please contact your local Symantec Distribution Account Manager. Symantec reserves the right to amend the Managed Partner list from time to time;

3.1.2 The Primary Contact and the User must work and the Reseller must have a registered office in EMEA.

3.1.3 The Primary Contact and the User must successfully follow the steps for enrolment as defined on the Norton Partner Portal website and these Portal Terms and Conditions.

3.1.4 The Primary Contact and the User must accept these Portal Terms and Conditions.

3.2 Only employees of Symantec's authorised channel partners as defined by Symantec from time to time are eligible to register as Members of the Norton Partner Portal.

4. Benefits of the Norton Partner Portal

4.1 The benefits of registering with and accessing the Norton Partner Portal are set forth at https://nortonportal.com and are incorporated by reference in these Norton Partner Portal Terms and Conditions.

4.2 For promotional periods Symantec might offer free Not For Resale (NFR) license keys of Norton software for a limited time to all Members of the Norton Partner Portal. This is an exclusive benefit that entitles the Member only one download per Reseller during the Term of the promo. Symantec reserves the right to verify if Members download a NFR copy of Norton software more than once and to exclude from this Portal any Reseller which downloads more than one NFR copy, as per Section 7.3 of the Portal Terms and Conditions.

5. Registration and Account

5.1 -General - Primary Contacts and Users

5.1.1 In order to access the Norton Partner Portal, Primary Contacts and Users must register with the Norton Partner Portal by completing a short online form and providing certain information, including amongst others full name, function/role, company/organisation and employee e-mail address, all of which must be accurate, truthful and up- to-date. Where relevant, Symantec shall verify Primary Contacts and Users registration information and approve their registration. A confirmation email will be sent by email to the email address provided by Primary Contacts and Users.

5.1.2 Once Primary Contacts' and Users' registration has been approved, the Norton Partner Portal must be accessed through the following Norton Partner Portal website: URL https://nortonportal.com, using a valid login and password;

5.1.3 Upon successful registration in the Norton Partner Portal, Primary Contacts and Users may use their login and password to access the Norton Partner Portal website Homepage, to view and update their profile and access the benefits and the services offered by the Norton Partner Portal from time to time.

5.1.4 Symantec is entitled to act on instructions received under a Primary Contacts' and Users' password. For security purposes, it is recommended that Primary Contacts and Users memorize their passwords and not write them down. Primary Contacts and Users are responsible for keeping their passwords and other account information confidential. Symantec is not responsible for acting on any instructions by anyone else.

5.1.5 Members shall immediately notify us by submitting feedback of any known or suspected unauthorised use(s) of Primary Contacts' and Users' account, or any known or suspected loss, theft, or unauthorised disclosure of passwords. Members are fully responsible for all usage and activity on Primary Contacts' and Users' accounts. Notwithstanding anything else herein, Symantec reserves the right to pursue any and all claims against Members and any User of Primary Contacts' and Users' account. Primary Contacts' and Users' accounts are valid only while Primary Contacts and Users are employed by the organisation listed on their initial registration application. Primary Contacts and Users are prohibited from accessing their account immediately upon termination with that organisation.

5.1.6 Primary Contacts and Users must promptly notify the Norton Partner Portal of any change in their job role, company or country, and update their personal profile on the Norton Partner Portal. Any changes in the Primary Contacts' or Users' job role, company (including a direct or indirect change in ownership of that company) or country may affect their eligibility and relevant Member's eligibility to continue to participate in the Norton Partner Portal, as outlined in the Eligibility section above.

5.2 Additional information - Primary Contacts

5.2.1 When registering onto the Norton Partner Portal, the Primary Contact must select the Reseller's country of residence and then accept the Norton Partner Portal Terms and Conditions on behalf of the Reseller in order to complete the registration.

5.2.2 The Primary Contact is required to submit the details of the Reseller's company director at the point of registration.

5.2.3 If the Primary Contact is a company director, an option may be selected on the registration form to indicate this.

5.2.4 The company director will be sent an email requesting approval/denial of the Primary Contact's registration. This must be done within ten (10) days of receiving the email or the Primary Contact's registration will not be approved.

5.2.5 Following the Primary Contact registration (by filling in the online registration form), the Norton Partner Team will start the approval process to validate the Primary Contact's and Member's registration onto the Norton Partner Portal. Once the Primary Contact's registration is approved, an email will be sent with his/her login details.

5.3 Account information

5.3.1 Symantec reserves the right, subject to applicable laws, to disclose any information that Primary Contacts and Users have provided, or that Symantec has otherwise obtained, regarding Primary Contacts' and Users' accounts: (i) to agents of the appropriate Symantec affiliates, such as independent auditors, consultants or attorneys: (ii) to comply with any applicable law, government authority or court orders or requests.

5.3.2 In addition, Members registered onto the Norton Partner Portal will have access to the following data concerning other Members through the Norton Partner Locator: company name, company address and telephone number, company VAT registration number solely in order to verify whether a Reseller is part of the Norton Partner Program. For the sole purpose mentioned above, Resellers understand and agree that their following data: company name, company address and telephone number may be accessible to other Members through the Norton Partner Locator.

6. Members Confidentiality Obligation

6.1 All information provided pursuant to the Norton Partner Portal to Members as well as these Norton Partner Portal Terms and Conditions is, unless otherwise specified, confidential ("Confidential Information") and as such Members shall during the Norton Partner Portal duration and for a period of five (5) years from the termination or expiration of such Portal and subject to Section 6.2 below:

6.1.1 not disclose any Confidential Information or use any of the Confidential Information except in performance of the Norton Partner Portal Terms and Conditions except to such third parties as authorised in writing by Symantec; and

6.1.2 take all steps necessary or appropriate to protect any Confidential Information against unauthorised disclosure or use, and shall promptly notify Symantec of any unauthorised disclosure or use of any Confidential Information, and shall take all actions that Symantec reasonably requests to prevent any further unauthorised use or disclosure of the same.

6.2 The obligation set out in clause 6.1 shall not apply to the extent, but only to the extent, that any Confidential Information:

6.2.1 becomes generally available to the public through no fault of the Member;

6.2.2 is or has been disclosed to the Member, directly or indirectly, by any person that is under no obligation of non-disclosure to Symantec; or

6.2.3 is required to be disclosed under any applicable law, rule, regulation or governmental order. Before disclosure Members shall inform Symantec of such disclosure and of which Confidential Information and to what extent it is disclosed, and shall co-operate with Symantec to seek a maximum protective order or measurement.

7. Term, Termination and Changes to the Norton Partner Portal

7.1 These Norton Partner Portal Terms and Conditions are effective upon valid registration of the Members in the Portal and shall continue in effect until terminated in accordance with these Terms and Conditions.

7.2 Symantec reserves the right to audit, terminate, suspend or revoke or cancel the Norton Partner Portal for any reason at any time. Symantec will use commercially reasonable efforts to give the Members thirty (30) day prior notice of termination of these Norton Partner Portal Terms and Conditions through the Norton Partner Portal website.

7.3 Symantec reserves the right to suspend or exclude a Member from participating or continuing to participate in the Norton Partner Portal:

7.3.1 If in its reasonable opinion the Member materially breaches these Norton Partner Portal Terms and Conditions;

7.3.2 If in its reasonable opinion the Member's conduct is inconsistent with the object and intent of the Norton Partner Portal or Norton Partner Portal Terms and Conditions;

7.3.3 In case of failure to comply with any of the membership requirements.

7.4 Upon termination of the Norton Partner Portal, all rights granted under these Norton Partner Portal Terms and Conditions shall immediately terminate and the Members shall immediately cease any use of the Norton Partner Portal and any Materials obtained from the Norton Partner Portal.

7.5 Symantec shall not be liable to Members or any third party for the termination or suspension of the Norton Partner Portal.

7.6 Symantec may make improvements or changes to the information, services, and other materials on the Norton Partner Portal (any such changes shall be subject to these Norton Partner Portal Terms and Conditions).Symantec may also modify the Norton Partner Portal Terms and Conditions from time to time. Symantec will act reasonably in communicating with Members through the Norton Partner Portal website in the event of any Portal and Portal Terms and Conditions changes, with a thirty (30) day prior notice of any such change. Accordingly, Members continued access or use of the Norton Partner Portal is deemed to be Members acceptance of the modified Norton Partner Portal or such Portal Terms and Conditions. Should the Reseller disagree with any change, the Member may terminate its participation in the Portal by written request.

8. Intellectual Proprietary Rights

8.1 The design and content of the Norton Partner Portal, any related materials, services and software (including but not limited to text, sound, photographs, graphics or other material contained in any Norton Partner Portal communications, advertisements or messages, whether by Symantec or Symantec's advertisers or partners) are protected by copyrights, trademarks, service marks, patents and/or other intellectual property rights and laws, and their use is permitted only as expressly authorised by Symantec or as required by law.

8.2 Symantec grants Members a non-exclusive, non transferable, revocable license to use and display any advertising, promotional and/or merchandising materials prepared and provided by Symantec under this Norton Partner Portal ('Materials') solely for the purpose of promoting Symantec's products. Members agree to follow all Symantec policies, guidelines and directive regarding the usage of Symantec's trademarks, as provided by Symantec from time to time. No other right, title, interest, or license in or to any of Symantec or Symantec Corporation's names, logos, trade dress, designs, trademarks or other marks are granted hereunder. For the purpose of these Portal Terms and Conditions, Symantec Corporation is Symantec's mother company, with its principal place of business at 20330 Stevens Creek Boulevard, Cupertino, CA 95014-2132. Members shall not make any modifications to any Symantec or Symantec Corporation owned trade names, trademarks, logos and other marks ("Trademarks") included in the Materials.

8.3 Members may not use or display any Materials in a way that disparage or harm the reputation or goodwill of Symantec, its products and services.

8.4 Members acknowledge that Symantec or Symantec Corporation owns and retains all copyright and other intellectual property rights in the Materials and in any Trademarks. Members shall not challenge Symantec's or Symantec Corporation's rights in and to the Materials and Trademarks. Members shall not at any time assert or claim any interest in or do anything that may adversely affect the validity of enforceability of rights owned by Symantec or Symantec Corporation in the Materials or the Trademarks. If at any time Members acquire any rights in, or registration(s) or application(s) for the Materials or any Trademarks by operation of law or otherwise, Members will immediately and at no expense to Symantec assign such rights, registrations, or applications to Symantec, along with any and all associated goodwill.

8.5 In the event Members become aware of any unauthorised use of the Materials or the Trademarks by a third party, Members shall promptly notify Symantec in writing, and shall cooperate fully in any enforcement of Symantec's rights against such third party. The right to enforce Symantec's or Symantec Corporation rights in the Materials and the Trademarks rests entirely with Symantec or Symantec Corporation as the case may be and shall be exercised in Symantec's or Symantec Corporation's sole discretion.

9. Limitation of Liability:

9.1 The following sets out Symantec's total liability to Member arising out of or in connection with these Norton Partner Portal Terms and Conditions. Additional liability provisions may be as set out for individual programs and/ or promotions as applicable.

9.2 Symantec shall under no circumstances be liable, whether in breach of contract, tort (including but not limited to negligence) or otherwise, to Member (or any other third party) for any:

9.2.1 Economic loss; Loss of contracts; Loss of profits; Loss of use; Loss of revenues; Loss of business and / or business opportunities; Loss of data; Loss of anticipated savings; Loss of anticipated profits; Loss of goodwill; Loss of or corruption to data; Loss of production; Business interruption; Wasted management and staff time; Procurement of replacement goods and services; (in each case, whether direct, indirect or consequential); and / or

9.2.2 Any other direct, incidental, consequential, special or indirect damages, losses, expenses or costs of any kind; even if advised of the possibility and whether arising directly or indirectly out of this Norton Partner Portal or use of the services, defective performance, non-performance or delayed performance by Symantec of any of its obligations under or connected with this Norton Partner Portal.

9.3 Notwithstanding the foregoing, nothing in these Norton Partner Portal Terms and Conditions shall exclude or limit:

(i) Symantec's liability for death or personal injury caused by its negligence; or

(ii) any fraudulent pre-contractual misrepresentations made by Symantec on which Member can be shown to have relied; or

(iii) any other liability which cannot be excluded by law.

10. Data Protection

10.1 All personal information provided to Symantec by Users or Primary Contacts as part of the Norton Partner Portal (name, address, shop name, VAT number, password, email address and company website URL, etc.) will be treated subject to Symantec's Privacy Policy as set out at the following address and any applicable law: http://www.symantec.com/en/uk/about/profile/policies/privacy.jsp. The information provided will be used by Symantec as a data controller for management and administration of the Norton Partner Portal.

10.2 Symantec shall be entitled to have an agent or contractor carry out all or part of the Norton Partner Portal on its behalf. By enrolling as a Member in the Norton Partner Portal and accepting the Norton Partner Portal Terms and Conditions, you consent to the supply by Symantec to any agent or contractor of such information as is required for them to perform their duties.

11. Disputes/Errors

11.1 All matters relating to the Norton Partner Portal or the interpretation or application of any of these Portal Terms and Conditions including, without limitation, questions or disputes regarding eligibility for Membership within the Norton Partner Portal must be submitted in writing to the Norton Partner Portal Team within 90 days of the arising of the matter in question. Any such disputes shall be resolved by the appropriate Symantec affiliate at the reasonable discretion of Symantec, and such decision shall be final.

12. General

12.1 Governing Law / Jurisdiction
This Norton Partner Portal Program shall be governed by, and interpreted according to under the laws of England and Wales. Venue for any legal action shall be the courts of London, England and Reseller expressly consents to jurisdiction therein. If a court of law finds any provision herein unenforceable, the parties agree to replace the offending provision with an enforceable provision that most nearly achieves the intent and economic effect of the unenforceable provision. The original of this Norton Partner Portal Program has been written in English and English is the governing language of this Norton Partner Portal Program. Parties agree that any translation of this Norton Partner Portal Program from English to another language is for review purposes only and is not binding on the parties. The English language version will prevail in the event of conflict.

12.2 Any notice given to the Member under these Norton Partner Portal Terms and Conditions will be deemed to have been given by Symantec if sent to Member's last known address or email address as entered in the relevant Norton Partner Portal website.

12.3 Symantec makes no representation about the suitability, reliability, availability, timeliness, and accuracy of the Materials for any purpose. All such Materials are provided "as is" without warranty of any kind. Symantec hereby disclaims all warranties and conditions with regard to the Materials, including all implied warranties and conditions of merchantable quality, fitness for a particular purpose, title and non-infringement.

12.4 By participating in the Norton Partner Portal, the Reseller and the Member agree to release and hold harmless Symantec from any and all losses, damages and rights, claims and actions of any kind in connection with the Portal, including the Materials. The Reseller and the Member agree to indemnify, pay the defense costs of, and hold Symantec and suppliers harmless from any and all actions, causes of action, claims, demands, costs, liabilities, expenses and damages (including legal fees) arising out of, or in connection with any breach of the reseller or Member's warranties and/or obligations as set forth in these terms and Conditions.

12.5 The Reseller shall remain an independent contractor and will not have, and will not represent that it has any power, right or authority to bind Symantec, or to assume or create any obligation or responsibility, express or implied, on behalf of Symantec or in Symantec's name, except as expressly provided in these Norton Partner Portal Terms and Conditions. For the avoidance of doubt, the parties are independent entities, and no relationship of agency, joint venture or partnership with shared liability will be created or will be deemed to exist between the parties by virtue of the execution or performance of these Norton Partner Portal Terms and Conditions.

12.6 The Reseller and/or Members may not assign any of the elements of the relationship contained within these Norton Partner Portal Terms and Conditions without the prior written consent of Symantec. 12.7 Entire Agreement & Non-Reliance:

12.7.1 These Norton Partner Portal Terms and Conditions (and any program terms as applicable) constitute the entire agreement between the parties and supersede all previous, communications, representations, arrangements, understandings, agreements and draft agreements (both oral and written) between the parties relating to its the subject matter.

12.7.2 Any modifications to the Norton Partner Portal Terms and Conditions shall be as set out in clause 7.6.

12.7.3 Each party acknowledges that on accepting the Norton Partner Portal Terms and Conditions, it has not relied on and shall have no right or remedy in respect of, any oral or written statement, representation, assurance or warranty (whether made innocently or negligently) other than as expressly set out in the Norton Partner Portal Terms and Conditions.

12.7.4 Nothing in this clause 12.7 shall limit or exclude any liability for fraud or fraudulent misrepresentation.

12.8 Non Waiver: The waiver or failure of Symantec to exercise in any respect any right provided for in these Norton Partner Portal Terms and Conditions shall not be deemed a waiver of any further right under this Norton Partner Portal.

12.9 Time limit for Claims: Unless expressly set out in the program terms at Section B below, the following time limit for claims shall apply:
All claims made under or in connection with the Norton Partner Portal (including any programs set forth at section B below) must be made within 6 months of the date such claim arose. Claims not made within such time period, shall be considered invalid and no longer payable by Symantec in any event. Parties further acknowledge that any such non-payment is without any liability to Symantec.

12.10 Force Majeure:

Each party shall be excused from performance for any period during which, and to the extent that, it is prevented from performing any obligation or service, in whole or in part, due to unforeseen circumstances or to causes beyond such party's reasonable control. Each party shall use commercially reasonable efforts to recommence performance as soon as reasonably practicable. For the avoidance of doubt, Symantec shall not be liable to make any payments during the period that Member and/or Reseller is unable to fulfil its commitments under these Norton Partner Portal Terms and Conditions pursuant to this clause 12.10

B. NORTON PARTNER PORTAL: ADDITIONAL PROGRAM TERMS & CONDITIONS

1. Norton Privilege Program Criteria:

1.1 Please click here to check participation criteria in the Norton Privilege Program: https://nortonportal.com/nppcms/index.php/component/tc/1?view=tc.

For the avoidance of doubt, Member must accept these Norton Partner Portal Terms and Conditions prior to being considered for eligibility and / or participation in the Norton Privilege Program.

1.2 Order of Precedence: Members acknowledge that in the event of conflict between the Norton Partner Portal Terms and Conditions and these Norton Privilege Program terms, then the following order shall apply:

(i) Norton Privilege Program terms; and

(ii) Norton Partner Portal Terms and Conditions

Other Norton Program Terms:

The following Norton program terms and conditions ("Norton Program Terms") shall apply where Member is eligible to participate in a Symantec Norton Program. For the avoidance of doubt, references to "Reseller" in this Section B shall mean the Member as defined at Section 1.3 of the Norton Partner Portal Terms and Conditions.

2. Norton Sales and Marketing Program ("NSP") Supplementary Terms And Conditions:

The following terms and conditions apply to the Norton sales and/ or marketing programs, for Norton Partner Portal Program members ("NSP Program"). It is offered by Symantec Limited of Ballycoolin Business Park, Blanchardstown, Dublin 15, Ireland ("Symantec"). These Terms and Conditions incorporate by reference any supplementary terms Symantec issues from time to time and which are only issued via the Norton Partner Portal and which accompany the relevant NSP program in which Reseller participates (collectively referred to as "NSP Program Terms"). NO OTHER REBATES, INCENTIVES, PROMOTIONS AND / OR MARKETING SUPPORT (OR AMENDMENTS THERETO) ARE VALID UNLESS ISSUED BY SYMANTEC VIA THIS NORTON PARTNER PORTAL PURSUANT TO THESE NSP PROGRAM TERMS

2.1 NSP Program Term: The Term of the NSP Program shall begin on the Effective Date and subject to termination under section 2.5 will continue indefinitely until terminated by either Party. For the avoidance of doubt, where an individual program term has expired, these NSP Program terms will continue to remain in effect and in force as applicable.

2.2 Reseller Restrictions: Reseller agrees that it will not purchase Symantec Products from a source other than Symantec Limited, Dublin, Ireland or Symantec authorized channel partner ("Authorized Distributors"). Symantec reserves the right, in its sole discretion and without liability to Reseller, to add to and/or delete from the list of Symantec Products, any products distributed by Symantec.

2.3 Reporting Requirements: Parties acknowledge that rebates and / or marketing support (as applicable) are only payable if the required reporting is received pursuant to the terms of this NSP Program. Where reports are not received in the correct format or within the terms of the NSP Program (as determined by Symantec), Symantec reserves the right to reject rebate and / or marketing support payments relating to that report.

2.4 Records and Audit Rights: Reseller will maintain its records relating to distribution of Symantec Products for at least two (2) years after their creation. In the event that Symantec reasonably suspects that a payment has been overpaid, at reasonable times during the Term and for twelve (12) months after expiration or any termination, an independent third party representative (accountant) appointed by Symantec, upon reasonable notice, shall have the right to conduct an audit of Reseller's books of account and Reseller ́s system to verify compliance with any obligations contained within this NSP Program. Reseller shall immediately pay any overdue payments revealed by such audit(s) and if any examination discloses a claim to which Reseller was not entitled hereunder that resulted in any payment to Reseller for the Term of more than five percent (5%) of the total amount paid or payable to Reseller for such Term, Reseller will pay the reasonable fee of the auditors for that examination. All information obtained during any such audit shall be confidential except to the extent it is reasonably necessary to disclose such information to enforce the terms of this NSP Program.

2.5 Termination and Modification of NSP Programs:

2.5.1 At Will and For Cause Termination and Modification.
Either party may terminate for a breach of any NSP Program if such breach is not cured within thirty (30) days after written notice of such breach. Symantec may terminate or modify any or all NSP Programs without cause and with immediate effect upon written notice to Partner.

2.5.2 Automatic Termination. Parties agree that this NSP Program terminates automatically, with no further act or action of either party, in the event that either party: enters into bankruptcy, insolvency, administration, receivership, or similar proceedings; makes an assignment for the benefit of its creditors, becomes unable to pay its debts, or is otherwise liquidated, dissolved, or otherwise ceases to conduct business.

2.5.3 Effect of Termination.
In the event of termination, Symantec will pay Rebates to which the Reseller is entitled prior to the effective date of cancellation or termination in accordance with the provisions of this NSP Program. NEITHER SYMANTEC NOR RESELLER WILL BE LIABLE TO THE OTHER FOR DAMAGES OF ANY KIND ON ACCOUNT OF THE TERMINATION OF THIS NSP PROGRAM IN ACCORDANCE WITH ITS TERMS.

2.6 Limitation of Liability for NSP Program

2.6.1 In no event shall Symantec™'s total liability under or in connection with the NSP Program, howsoever arising, exceed the value of the sums payable to the Member pursuant to the specific individual NSP Program which is the subject of the claim in the year preceding the date on which the claim first arose.

2.6.2 All other provisions regarding limitation of liability under the NSP Program shall be as set forth at clause 9.2 and clause 9.3 of the Norton Partner Portal Terms and Conditions.

2.7 NSP Programs To Be Treated Separately: For the avoidance of doubt, each support Program in which Reseller participates under these NSP Terms is treated separately from other funds, rebates and any other payments. 2.8 Timeframe for Funding and / or Financial Claims under NSP Program: Parties acknowledge that all funding claims and/or financial amounts made in connection with the NSP Program must be claimed by Reseller on a quarterly basis. Claims not made within 6 months of the end date of the applicable Symantec quarter within which the claim and/or financial amount is due shall be considered invalid and no longer payable by Symantec in any event. Parties further acknowledge that any such non-payment is without any liability to Symantec.

2.8 Timeframe for Funding and / or Financial Claims under NSP Program: Parties acknowledge that all funding claims and/or financial amounts made in connection with the NSP Program must be claimed by Reseller on a quarterly basis. Claims not made within 6 months of the end date of the applicable Symantec quarter within which the claim and/or financial amount is due shall be considered invalid and no longer payable by Symantec in any event. Parties further acknowledge that any such non-payment is without any liability to Symantec.

2.9 Tax: Reseller will indemnify and hold Symantec harmless of all claim, liabilities, damages, losses and expenses arising out of or in connection with any potential tax consequences arising out of this NSP Program. Further Symantec may where appropriate and reasonable necessary withhold taxes from any Rebate due resulting from this NSP Program from time to time.

2.10 Communication: Reseller acknowledges that only rebates, incentives, promotions and/or marketing support arising under this NSP Program are valid and eligible for payment in accordance with the NSP Program terms. For the avoidance of doubt, these are only valid where issued via the NPP.

2.11 Acceptance and Agreement of Terms:

For the avoidance of doubt, and pursuant to clause 1.3 of the Norton Partner Portal Terms and Conditions above the following shall apply:

2.11.1 By confirming your acceptance to these Norton Partner Portal Terms and Conditions, Reseller understands and agrees that it is also formalizing Reseller's enrollment in the NSP Program and that Reseller also agrees to abide by all the applicable rules, terms, and conditions of the NSP Program.

2.11.2 By participating in any way in the NSP Program promotions and/or by submitting any reports and/or making funding claims, the Reseller is hereby deemed to have accepted and agreed to the terms and conditions of this NSP Program.

2.12 Order of Precedence: Members acknowledge that in the event of conflict between the Norton Partner Portal Terms and Conditions and these NSP Program Terms, then the following order shall apply:

12.13.1 NSP Program Terms; and

12.13.2 Norton Partner Portal Terms and Conditions

2.13 Enquiries: Enquiries concerning this NSP Program should be sent through the "Contact Us" link found on https://nortonportal.com

Symantec Group ("Symantec") undertakes to collect and process personal data according to applicable laws. By completing the information below, you agree to your personal information being collected and processed by Symantec in order to process your registration to the Norton Partner Portal program and to provide you with program benefits. You further agree that this information may be made accessible to the Symantec's agencies and contractors acting on behalf of Symantec for the purpose mentioned above. If you do not agree to your personal data being collected, and processed for this purpose, we may not be able to complete the registration and to provide you the program benefits. For more information, in particular concerning your right of access to, rectification and withdrawal of your personal data please visit http://www.symantec.com/en/uk/about/profile/policies/privacy.jsp .