MDF Terms and Conditions (EU)
Program Conditions and Proof of Performance Requirements
- All claims for Western Digital (WD) MDF (“MDF Claims”) must be received with invoice or debit note (as instructed by WD) by WD with complete and proper proof of performance acceptable to WD, and WD reference number within 30 days of program end date. Claims submitted past this 30 day limit will not be paid.
- All WDMDF marketing activities should meet the following objectives and guidelines:
- All program materials must include the current WD logo and comply with the “WD Trademark and Logo Usage Guidelines” which can be found at: http://www.wdbrand.com/standards/logo_use.aspx
- All published material for use in print or online not developed by WD requires review and approval by WD in writing prior to use and/or distribution. Failure to comply may result in the denial of related claims.
- Any program materials that contain or mention product or products that compete with a WD product must clearly differentiate, in a reasonable and accurate manner, the WD product(s) from the competitive product(s).
- WD logo placement, size and color must follow the “WD Brand Guidelines” which can be found at: http://www.wdbrand.com/standards/guidelines/WD_Guidelines.pdf
Program Other Terms:
- In addition to compliance with the requirements set out in “How to claim” above, the fulfilment of all specified program activities and conditions detailed in this letter is required for any MDF Claim to be processed.
- WD reserves the right to alter, suspend or terminate this Program at any time and in its absolute discretion.
- If you have received an earlier version of this Program, this version replaces and cancels the prior version. Please update your systems accordingly.
- Where credit is issued by WD to an agreed nominated account (other than Customer’s account), provided that WD can provide reasonable proof of payment to the nominated account, Customer may look solely to the owner of that nominated account for payment and shall not look to WD.
- For direct customers only, the following will apply:
- WD will issue a credit to Customer’s account or the agreed nominated account set out in the above program after the Program end date and receipt of all applicable data required to process the MDF Claim.
- In the event that an overpayment of credit is made by WD to Customer, WD will raise a debit note against Customer’s account with WD. WD reserves the right to set off the debit note against the next credit issued to Customer by WD. If WD does not indicate that it will set off the amount, Customer will pay the total amount of the debit within 30 days of the date of the debit note.
- Customer must notify WD in writing (with supporting documentation) of any dispute related to the program credit or a lack of credit within 30 days of the program’s end date. Failure to do this will constitute a waiver of Customer’s right to such credit, and such claim through or on behalf of Customer shall expire and be forever barred. On receipt of a notification of a dispute, WD will use its reasonable efforts to investigate and resolve the issue. Customer is not entitled to make deductions in lieu of disputed credits without WD’s prior written approval.
- If there is an inconsistency between any of the provisions of these terms and conditions and the provisions of Customer’s terms and conditions of purchase/supply agreement (as applicable), the provisions of such terms and conditions of purchase/supply agreement shall prevail over these terms and conditions unless expressly stated otherwise.
- Customer agrees that it shall comply, and shall procure that its employees and agents and subcontractors shall comply, at all times, in all respects, with the UK Bribery Act 2010, United States Foreign Corrupt Practices Act, and all other applicable anti-bribery laws (collectively, “the Anti-Corruption Laws”), in connection to this Program. Customer shall not take any action which, if taken by or with the knowledge of WD, could be construed as, or constitute a violation of the Anti-Corruption Laws, including, without limitation, making, offering, authorizing, or promising any payment, contribution, gift, business courtesy, bribe, kickback or giving of anything of value to any (i) foreign or domestic government official or employee, (ii) employee of a foreign or domestic government-owned or government-controlled entity, (iii) foreign or domestic political party, political official, or candidate for political office, or (iv) any officer or employee of a public international organization, to obtain a competitive advantage for any party or to receive favourable treatment in obtaining or retaining business. Should Customer learn or have reason to know that conduct has or may have occurred in violation of this provision, it will immediately notify WD. WD reserves the right to have an authorized WD representative or independent third party auditor audit Customer's records to monitor and ensure compliance with this term.