Rebate addendum to the Product License and Distribution AgreementDistribution Agreement |
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Exhibit 10.31A
Rebate addendum to the
Product License and Distribution Agreement
Between
DoubleTake, Inc. (“Provider”)
and
Dell Product, L.P. (“Dell”)
Dated November 16, 2001
This
Addendum (the “Addendum”) entered into on June 13,
2007 (“Effective Date”) between Provider and Dell
supplements and amends the terms of the Product License and
Distribution Agreement between Provider and Dell dated the 16
th day
of November, 2001 (the “Agreement”). Except as
specifically set forth in this Addendum, all terms and conditions
of the Agreement shall remain in full force and effect. To the
extent that there is any conflict or inconsistency between this
Addendum and the Agreement, this Addendum shall govern and control
solely with respect to the subject matter hereof.
Provider and Dell agree:
(1) Defined terms in this Addendum are:
“Rebate
Period” means each 12 month period beginning on the
Effective Date above and continuing for 3 years.
“Dell
Fiscal Year” means the 12 months period between February
of one year and January of the following year.
*
“Rebate” means an amount to be paid by Provider to Dell
as provided under this Addendum.
“Products” means all Provider and Affiliate products,
services, maintenance and renewals sold in each Worldwide region
through the Dell S&P.
“Worldwide” means Dell Americas (US — Latin
America — Canada) and Asia Pacific, Japan. EMEA regions will
be excluded from this agreement until Dell Q2, FY09. EMEA will be
included in the definition of Worldwide beginning in Dell Q2, FY09.
New Zealand and Australia will be excluded from this agreement
until Dell Q2, FY09. New Zealand and Australia will be included in
the definition of Worldwide beginning in Dell Q2, FY09.
“*
Sales” means the total dollar amount invoiced by Provider or
an Affiliate either directly to Dell or to an authorized
distributor for the sale of all Products sold in each Worldwide
region through D






