b) The end-user is a current “active” customer of ConverseNow Technologies directly for the line of product(s) included in the deal. An end-user account is considered “active” if product(s) were sold to the end- user by ConverseNow Technologies directly in the last twelve (12) months or end-user is a global segment or international account with ConverseNow Technologies directly.
c) The end-user has rejected the Partner’s bid or quote.
d) The end-user uses ConverseNow Technologies online sources, to receive pricing.
e) The Partner does not close the deal within the Registration Term, and no extension or renewal of the Registration Term has been granted. A deal is considered “closed” when Partner places a purchase order for products and services specified in the Deal Registration and pays for the invoiced amount.
f) The end-user requests a quote or bid for a fully integrated vertical market solution that includes the products and services covered by the Partner’s Deal Registration, but the Partner is unable to quote the full solution (hardware, software, services, etc.).
g) The deal is the subject of a Public Tender.
h) Any of the scenarios set forth in Section 6.2 (Deal Registration Exceptions) below.
6.2 Deal Registration Exceptions. Notwithstanding Section 5 (Deal Registration Benefits) above, ConverseNow Technologies may, at its discretion, deny, remove, rescind, suspend, or terminate any Deal Registration and/or registration access in any of the following scenarios:
a) The Partner is not actively working the deal or has been inattentive to the end- user’s needs (for example, by failing to respond to the end-user’s or ConverseNow Technologies’ communications).
b) The Partner does not lead with or quote new ConverseNow products or services identified in its registration form.
c) The Partner quotes a competitor’s product or service for the registered opportunity.
d) ConverseNow Technologies is under a legal or contractual obligation to quote or bid on the deal, or if failure to quote or bid on the deal could subject ConverseNow Technologies to legal liability (as determined by ConverseNow Technologies).
e) A Public Tender is issued only to a manufacturer (such as ConverseNow Technologies), calls for submissions only from manufacturers (such as ConverseNow Technologies), and/or excludes the partner community from submitting a bid.
f) The Partner is not able to fulfill the deal or provide support for the end-user (for example, by failing to have sufficient credit available for the deal, if the end-user refuses to work with the Partner, or, with respect to government deals, if the Partner doesn’t possess the required security clearances).
g) The end-user chooses to fulfill its bid requirements under a contract vehicle which is not held by the Partner, or in a manner that prevents the Partner from being able to fulfill such requirements.