BOSCH PROPARTNER PROGRAM TERMS

Last Updated: March 19 2024

These Bosch ProPartner Program Terms (“Terms”) describe the terms and conditions under which Robert Bosch Tool Corporation (“Bosch”) offers you, the entity participating in the Bosch ProPartner Program (such entity, “ProPartner”, and such program and all its component parts as it may be amended from time to time, the “Program”), access to the Program. By participating in the Program, transacting ProPoints or using the Website (as defined below), ProPartner agrees to comply with and be bound by these Terms and the the terms, conditions, disclaimers and limitations of liability posted in the rewards page by the Administrator (as defined below) on the Website. If you do not understand or agree with these Terms, please do not participate in the Program.

1)    Definitions. For purposes of thes Terms, the terms set forth in this Section 1 will have the following meanings:
a)    “Administrator” means 360insights (USA) Ltd.
b)    “Experience Reward” means an activity-based Reward from the online catalog as shall form part of the Program.
c)    “ProPoints” means points awarded to Users that may be existing or new ProPartners claiming sales against Eligible Products (as defined below) under the terms and conditions of the Program.
d)    “Rewards” means such reward items, including Experience Rewards, digital media, gift cards (in physical or electronic form), vouchers from the online catalog, Bosch power tools, and other such one off awards that Users may redeem Reward Points to purchase, as shall form part of the Program. 
e)    “Website” means the website at propartners.boschtools.com

2)    For all ProPartners other than those in their first year in the Program, there are 5 “tiers” of participation in the Program – Tradesperson, Bronze, Silver, Gold and Platinum and (each, a “Tier”). ProPartner’s Tier for any Program Year (as defined below) is based on ProPartner’s purchases of Bosch® brand power tools, measuring tools and accessories and select Rotozip brand tools and accessories (“Eligible Products”) during the prior Program Year. For clarification on which “select” Rotozip brand tools and accessories qualify as Eligible Products, see ProPartner Program FAQ. For purposes of these Terms, a “Program Year” means the period beginning on January 1 and ending on December 31 of any calendar year. The minimum net purchases of Eligible Products during the current Program Year for determining participation in each Tier at the beginning of the next Program Year are set forth in Table 1 –Determining Next Program Year Tier and ProPoints Earning Rates. Only purchases of Eligible Products made while a ProPartner is enrolled in the Program are included in calculating ProPartner’s Program Year purchases (i.e., if a ProPartner enrolls on March 1 of a Program Year, purchases of Eligible Products in January and February of such Program year are not counted). New ProPartners that did not participate in the Program in the prior Program Year will not have a Tier in the year they join.

3)    ProPartners may move to “higher” Tiers during a Program Year if their net purchases of Eligible Products during the period beginning January 1 and ending June 31 of such Program Year meet or exceed the applicable qualification requirements of minimum net purchases of Eligible Products set forth in Table 2 – Current Program Year In-Year Qualification Requirements. Any in-Program Year moves to a higher Tier will be effective as of July 1 after the Claim Submission (as defined below) achieving the applicable minimum net purchase is approved by Bosch.

4)    ProPartner must provide a copy of invoice(s), receipt(s) or other documents, as agreed to by Bosch (“Claim Documentation”, and submission of Claim Documentation to Bosch for a claim of the sale of Eligible Products, a “Claim Submission”), as evidence of net purchases of all Eligible Products made during the applicable Program Year to be used both for (i) calculation of progress against minimum net purchase requirements, and (ii) identifying units sold when calculating ProPoints. All Claim Documentation for a Program Year must be (i) dated within the such Program Year, and (ii) submitted to the ProPartner Portal no later than 10 days after the close of such Program Year (the “Submission Deadline”). Any Claim Documenation for a Program Year submitted after the Submission Deadline, or purchases of Eligible Products in a Program Year for which no Claim Documenation is submitted, will not count toward (i) calculation of ProPoints earned for such Program Year, or (ii) minimum net purchase of Eligible Products for determining ProPartner’s Tier in the following Program Year.

5)    ProPartner authorizes Bosch, at Bosch’s sole discretion, to request ProPartner’s sales reports for sales of Eligible Products during a Program Year from known participating Bosch distributors on ProPartner’s behalf, provided that Bosch shall have no obligation to do so.

6)    If eligible, ProPartner will earn ProPoints for each purchased Eligible Product, calculated by multiplying (a) the MSRP price of the purchased Eligible Product, by (b) the ProPoint Earning Rate for the applicable Tier set forth in Table 3 – Current Program Year ProPoints Earning Rates as of the date of the applicable Claim Submission.

7)    After a Claim Submission, Bosch will notify Customer of the amount of ProPoints earned by ProPartner (if any) for such Claim Submission.

ProPoints can then be redeemed by ProPartner for Rewards according to the ProPoint redemption table set forth in Table 4 – Current Program Year ProPoints Redemption Rates. Rewards are subject to change from time to time without notice, and may be substituted at any time. Subject to the terms and conditions set forth in these Terms, Users may opt to either (i) save ProPoints awarded for redemption at a later date; or redeem some or all of the ProPoints awarded for Rewards through the Website. All ProPoints earned in respect of purchases of Eligible Products dated in Program Year 2023 or after must be redeemed no later than 12 months after the date issued; any ProPoints in ProPartner’s account that have not been redeemed by the date falling 12 months after the date such ProPoints were issued will automatically expire.

Pro Points must be redeemed via the Website.  Rewards, once chosen, can only be changed if ProPartner contacts the Administrator’s customer service team at [email protected] within 24 hours of the redemption.
Fraudulent use of a ProPartner’s Program account and Reward Points will result in the account being immediately suspended.  Fraudulent activity may result in the termination of ProPartner’s account and the cancellation of accrued Reward Points, Rewards and/or benefits. 

From time to time Pro Points awarded or transacted may be audited and in the event that an audit reveals discrepancies or possible violations, the processing of further Reward redemption requests may be delayed pending completion of the audit and pending the outcome of any corrections to be applied.

8)    Experience Rewards will be fulfilled by ProPartner’s direct arrangement with the Experience Reward supplier, in accordance with each individual supplier’s terms and conditions, availability, lead-time and capability.

9)    In the case of a Reward not being available (whether through obsolescence, discontinuance or lack of available stock or otherwise), either the Administrator or its supplier will contact ProPartner within 7 days of placing the order and offer a replacement Reward of similar value.  If ProPartner does not wish to accept the replacement Reward, the original value of the Reward deducted from ProPartner’s account will be re-credited.  

The Administrator and its suppliers each reserve the right to remove or include any Reward from the range available to Users at its discretion and ProPartner may not rely upon the continued availability of a Reward category or individual Reward. 
The Administrator will endeavor to honor any Rewards that have already been ordered by ProPartner prior to any price alterations.

10)    Delivery of Rewards is available only to ProPartner’s country of residence. The delivery of Rewards will be made to ProPartner by the supplier(s) engaged by the Administrator. Shipping and delivery lead times vary but are not expected to exceed 25 business days.  Wherever possible, the supplier(s) engaged by the Administrator will notify ProPartner via email or by phone of a Reward’s shipment arrangement and status.

The delivery of all Rewards will be made to the address as supplied by ProPartner or Bosch at the time of order.  The delivery address for Rewards should be to an address where the Reward can be signed for if necessary.  If a delivery is unsuccessful for any reason, ProPartner will be responsible for supplying alternative delivery information to the supplier.  Any costs of arranging re-shipment and handling of undelivered items will be passed on to ProPartner.  Lead times for any re-delivery will be at the discretion of the supplier.

Users must refuse delivery of damaged or broken Rewards if apparent before opening the package and the supplier must be advised by ProPartner within 24 hours of the delivery date so that the supplier can investigate and, if authorized by the supplier, arrange for replacement Reward(s) to be shipped.  If the package is opened and the Reward is then found to be damaged or broken then the supplier must be advised by ProPartner within 24 hours of the delivery date so that the supplier can investigate and, if authorized by the supplier, arrange for replacement Reward(s) to be shipped.  Any damaged or broken Rewards must be returned by ProPartner immediately to the supplier in the original condition.  The supplier will pay for return shipment and subsequent re-shipping of the Reward, subject to continued availability.  The supplier will only offer a replacement for Rewards that are damaged or broken when received by ProPartner.  For Rewards that are not damaged or broken but are not in working condition or faulty, the supplier will not replace the Reward, but will assist ProPartner in contacting the manufacturer to facilitate after-sales support.  

ProPartner acknowledges that some Rewards are not returnable and non-refundable (e.g. items with a customized aspect or which are made to order, perishable goods such as flowers/food or personal items such as jewelry or cosmetics).  The supplier will not accept returns for apparel that has been worn.

Once the Reward has been received by ProPartner, provided there is no damage or fault at the time of delivery, ProPartner accepts all risks for the Reward and will need to contact the manufacturer if a fault develops at a later stage as per the manufacturer’s warranty terms and conditions.

11)    The Administrator make every effort to ensure that reward items include all customs taxes and any other border charges; however, in the event that this does arise and is outside of the Administrator’s control, this will be either charged to ProPartner as a points deduction or a separate charge.

12)    Gift card and gift certificates may not be returned unless the return is due to the incorrect distribution by the supplier.  All gift cards and gift certificates will be dispatched by the supplier according to the information provided by ProPartner.  The Administrator will have no responsibility for any gift certificates or gift cards that are lost or stolen once delivered.  Where ProPartner reports a voucher or gift card as lost or stolen, ProPartner acknowledges that a fee may be deducted from the balance of the card for the issuance of a replacement.  The Administrator is not liable for any refusal of a retailer to deactivate or provide credit or replacement of a lost or stolen gift card or voucher.  

Gift cards and gift certificates that are lost or stolen in transit must be reported by ProPartner to the Administrator customer service team immediately.  

Gift cards and gift certificates may not be transferred or re-sold by ProPartner to any third party, whether for payment or free of charge.

Orders for gift cards and gift certificates may be fulfilled with a single card for the value redeemed or in multiples of a smaller denomination.

13)    For orders of Rewards shipped by tracked delivery, the supplier will provide a proof of delivery document or other supporting information within 2 weeks upon inquiry of any order disputes.  Courier companies will only normally provide proof of delivery for a period of up to 2 to 3 months.  ProPartner must report any order disputes as early as possible.  If any order dispute is raised after 2 months from the date of shipment, proof of delivery documents may not be available and none of Bosch, the Administrator nor its supplier(s) will accept any liability to ProPartner in respect of any such dispute.

14)    Some ProPartners may be eligible to receive Courier Vouchers as part of the Program. A “Courier Voucher” is a voucher redeemable for one (1) free courier pickup and drop-off of Bosch® brand power tools for repair or warranty service during the Program Year in which such voucher was issued. The number of Courier Vouchers a ProPartner is entitled to receive depends on which Tier of the Program ProPartner has qualified for and whether the ProPartner received and used Courier Vouchers as part of the 2022 Program Year, as set forth in Table 5 – Courier Voucher Participant Benefits. In order to schedule a pickup with a Courier Voucher, ProPartner’s profile location information for both pickup and drop-off of its Bosch brand power tools for repair must be accurate and up-to-date. BY SUBMITTING A COURIER PICKUP REQUEST, PROPARTNER THEREBY (I) AUTHORIZES BOSCH AND ITS AUTHORIZED AGENTS TO ENTER AND REMAIN UPON THE APPLICABLE JOBSITE OR LOCATION FOR THE PURPOSE OF PICKING UP, OR RETURNING, AS THE CASE MAY BE, THE APPLICABLE BOSCH® BRAND POWER TOOLS AND TRANSPORTING THEM TO A BOSCH-AUTHORIZED SERVICE CENTER, (II) CERTIFIES THAT PROPARTNER HAS FULL RIGHT AND AUTHORITY TO GRANT SUCH RIGHTS TO BOSCH AND ITS AUTHORIZED AGENTS, AND THAT NO OTHER CONSENT OR PERMISSION FROM ANY PERSON, FIRM OR ENTITY IS NECESSARY IN ORDER TO ENABLE BOSCH AND/OR ITS AUTHORIZED AGENTS TO EXERCISE SUCH RIGHTS, (III) RELEASE, WAIVE AND DISCHARGE BOSCH, AND ITS OWNERS, AFFILIATES, OFFICERS, DIRECTORS, PARENT CORPORATIONS, AGENTS AND EMPLOYEES (COLLECTIVELY, “RELEASEES”), FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES OR DAMAGES ARISING IN ANY MANNER OUT OF BOSCH AND ITS AGENTS’ (A) PERFORMANCE OF THE COURIER PICKUP AND/OR DROPFF, OR (B) PRESENCE OR ACTIVITY ON THE APPLICABLE JOBSITE OR LOCATION IN CONNECTION WITH SUCH COURIER PICKUP AND/OR DROPOFF. PROPARTNER HEREBY WAIVES CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” PROPARTNER HEREBY WAIVE ANY APPLICABLE SIMILAR PROVISION IN ANY OTHER JURISDICTION.

15)    All Courier Vouchers expire on December 31 at 11:59:59 PM Central Time (the “Voucher Deadline”) of the Program Year in which they were issued. Any Courier Vouchers which are not redeemed by the applicable Voucher Deadline will expire.

16)    ProPoints and Courier Vouchers have no cash value. ProPoints and Courier Vouchers cannot be redeemed or exchanged for cash, check, bank deposit, credit or any other kind of payment by Bosch to the ProPartner, may not be used with any other offer, promotion or discount, cannot be combined with cash, checks, bank deposits or any other kind of payment to obtain any Rewards and cannot be earned from or transferred to any other account or program unless otherwise specified. ProPartner may not pool, transfer or combine ProPoints with any other entity or Program partncipant in order to redeem Rewards. Rewards can only be redeemed by using Reward Points.

17)    Subject to the conditions of this paragraph, ProPartners participating in the Bronze, Silver, Gold and Platinum Tiers for the current Program Year qualify for the following ProPartner Extended Service Plans:

• a)    Corded Power Source Portable Electric Power Tools (“PEPT”) & Benchtop Extended Service Plan - Within 3 years after the date of purchase, Bosch will perform free of charge electrical, safety and performance checks, lubrication and replacement of parts worn under normal use. The services described in this Corded Power Source PEPT & Benchtop Extended Service Plan are performed at Bosch-owned service centers only. For avoidance of doubt, the “Corded Power Source PEPT” category also includes corded battery chargers used with Battery Power Source PEPT category.
• b)    Battery Power Source PEPT Extended Service Plan - Within 3 years after the date of purchase, Bosch will perform free of charge electrical, safety and performance checks, lubrication and replacement of parts worn under normal use. The services described in this Battery Power Source PEPT Extended Service Plan are performed at Bosch-owned service centers only.
• c)    Cordless Batteries Extended Service Plan - Within 3 years after the date of purchase, Bosch will replace cordless batteries that fail from defect in materials or workmanship within the course of normal use. For purposes of the this Extended Service Plan for cordless batteries, “replacement” means that the applicable battery will be replaced with a new battery if the cost of any repair exceeds the cost of replacing the applicable battery.
• d)    Measuring Tools Extended Service Plan - Within 3 years after the date of purchase, Bosch will perform free of charge electrical, safety and performance checks, lubrication and replacement of parts worn under normal use. In addition, for each year a Rotary laser is covered by the Measuring Tools Extended Service Plan, such Rotary Laser is eligible for 1 free calibration. The services described in this Measuring Tools Extended Service Plan are performed at Bosch-owned service centers only. 

Notwithstanding anything to the contrary stated in these Terms or elsewhere, all Bosch concrete nailers, and all Rotozip tools and accessories, are excluded from the ProPartner Extended Service Plans.

Eligibility for the Extended Service Plans is contingent on qualifying for a participating Tier for the applicable Program Year. If ProPartner fails to qualify for a Tier that participates in the Extended Service Plans for the next Program Year, such ProPartner’s Extended Service Plans will expire immediately prior to the beginning of such Program Year (i.e., on December 31). 

For avoidance of doubt, normal wear and tear is covered under the Extended Service Plans’ coverage, but misuse and abuse (as determined in Bosch’s service technician’s sole discretion) is not subject to any coverage (either under the standard Bosch limited warranty or the Extended Service Plans).

18)    All repairs, whether under the applicable limited warranty, an Extended Service Plan or for charge, are subject to the following terms:

• a)    Bosch will conduct a diagnosis of tools returned for repair by fully disassembling, checking/testing the components, and determining what is required to return the tool to correct operation.
• b)    If the required repair for a tool is covered under the tool’s limited warranty or a ProPartner Extended Service Plan, such tool will be repaired and returned to you in accordance with the terms of that limited warranty or ProPartner Extended Service Plan, as the case may be, at the address you provided when you submitted your repair order. Please note that we cannot return a tool repaired under the limited warranty or ProPartner Extended Service Plan if you do not provide a valid shipping address.
• c)    If the required repair for your tool is not covered under the tool’s limited warranty or a ProPartner Extended Service Plan (a “Chargeable Repair”), an estimate of repair charges will be issued to you at the email address or alternative contact information you provided when you submitted your repair order. All estimates are performed free of charge. Once the estimate for a Chargeable Repair has been issued, you must accept or decline the repair per the terms of the estimate. All estimates are valid for 30 days from the date the estimate is first issued to you.
  • i)    If you accept a Chargeable Repair per the applicable estimate, your tool will be repaired using Bosch parts. If you decline a Chargeable Repair per the applicable estimate, Bosch will ask you whether you want Bosch to (i) return the disassembled tool to you at your cost or (ii) dispose of, recycle or recondition the tool in its sole and absolute discretion.
  • ii)    If we do not receive a response after issuing an estimate for a Chargeable Repair, you will be notified by phone or email with one or more reminders. If you do not accept or decline within 31 days after the date the applicable estimate was issued, the estimate will be deemed “Declined”. If you choose not to have the disassembled tool returned to you, or you do not affirmatively respond to Bosch’s inquiry as to whether you wish for Bosch to return your disassembled tool to you within 30 days of Bosch sending you such inquiry, such tool shall become Bosch’s property, in which case Bosch will dispose of, recycle or recondition the tool in its sole and absolute discretion.
• d)    Any tool left in Bosch’s possession 60 days or more after Bosch sends you the initial notification of completed repair shall become Bosch’s property, in which case Bosch will dispose of, recycle or recondition the tool in its sole and absolute discretion.
• e)    The warranty for Chargeable Repair is 90 days on the parts that were replaced and the labor involved in the repair ONLY.
• f)    All repairs are executed to Bosch standards. This means if your tool was brought in with a non-Bosch part, it will be removed and replaced with a Bosch part. In accordance with Bosch policy, any parts removed from your tool will be properly packaged and left with your tool upon pick-up/delivery.
• g)    Bosch does not accept payment for Chargeable Repairs until the tool repair is completed, and if dropped off, the customer is present for payment authorization.

19)    If a ProPartner remains eligible to participate in the next Program Year, such ProPartner’s ProPoint Earning Rate for the next Program Year will be determined as set forth in Table 1 – Determining Next Program Year Tier and ProPoints Earning Rates. 

20)    ProPartner is not restricted from joining programs for other manufacturers or distributors. The Program cannot be combined with any other Bosch programs, offers or rebates.

21)    Only entities selected by Bosch are eligible to participate in the Program. Bosch reserves the right to terminate ProPartner’s participation in the Program at any time and in its sole discretion.

22)    The Program is offered at the discretion of Bosch and Bosch has the right to terminate the Program, in whole or in part, or to change the Terms, benefits, conditions of participation, Tier qualification criteria or Tiers, in whole or in part, at any time, with or without notice, even though changes may affect the value of Tiers, benefits or ProPoints already accumulated. Bosch may, among other things, withdraw, limit, modify or cancel any Award; increase the ProPoints required for any Award; modify benefits associated with any Tier; modify Tier qualification criteria; or modify or regulate the transferability of Rewards or Program benefits. ProPartner, in accumulating any benefits of any kind including but not limited to ProPoints or Courier Vouchers, may not rely upon the continued availability of (a) the benefits associated with any Tier or (b) an Award or Program benefit. Any failure by ProPartner to follow the rules of the Program or these Terms, any abuse of the Program, any conduct detrimental to the interests of either Bosch or the Administrator, or any misrepresentation of any information furnished to Bosch or the Administrator may result in the termination of ProPartner’s participation in the Program, the termination of ProPartner’s account and the cancellation of accrued ProPoints and/or benefits.

Notwithstanding the foregoing, ProPartner will be given notice of any Program termination which would impact ProPartner’s ProPoints balance, and all ProPoints must be redeemed within 30 days following such written notice. Any ProPoints not redeemed in accordance with the foregoing will be forfeited.

23)    To the extent any element of the Program (including, without limitation, ProPoints, Rewards, Experience Rewards) is deemed taxable income or employee compensation under applicable law or regulation, ProPartner and Bosch is solely responsible for its own compliance with any and all taxation requirements including, without limitation, reporting of income or compensation and payment of any resultant taxes. Each of ProPartner and Bosch agrees to furnish to the other all reasonably requested documents or information to allow ProPartner or Bosch, as the case may be, to fulfill its tax obligations hereunder. The Administrator has no responsibility for any taxation or reporting to any taxation authority and the Administrator is not responsible for obtaining or providing any tax advice to Bosch or any ProPartner.

24)    The Administrator may collect personal data which ProPartner employees or agents provide when ProPartner registers for the Program.  The definition of “personal data”, the purpose(s) for which such personal data is collected and shared, the way in which it is used, and Bosch data collection practices, are set out in the Privacy Notice found on the Website (https://propartners.boschtools.com/privacy_policy). By accepting the Terms and acknowledging the Privacy Notice by checking the boxes on the Website, ProPartner and its employees and agents consent and acknowledge that ProPartner’s employees and agents have read and consented to the collection and use of their personal data as described in the Privacy Notice. 

25)    ProPartner must use, and will cause any of its employees authorized to use the Website to use, the Website in an appropriate and lawful manner, including, without limitation, refraining from:

• a)    save as specifically authorised by Bosch or the Administrator, copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, publish, transfer or otherwise make available the Website or any of its content
• b)    replicate the Website or create a separate border around any part of the Content or Website services (also known as “framing”) (“Content” means all data, information, material and content, including but not limited to text, pictures, photographs, software, video, music, sound and graphics);
• c)    remove, change or obscure in any way anything on Website, unless specifically authorized;
• d)    remove or delete other users of the Website;
• e)    reverse engineer or decompile (whether in whole or in part) any software used in the Website;
• f)    use the Website and anything available from it or any reward items for illegal purposes or in breach of any applicable laws, statutes and regulations or codes of practice;
• g)    remove, obscure or change any copyright, trademark or other intellectual property right notices contained in the original material or from any material copied from the Website;
• h)    receive, access or transmit any Content which is obscene, pornographic, threatening, racist, menacing, offensive, indecent, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright) or otherwise objectionable or unlawful;
• i)    circumvent user authentication or security of any host, network or account, nor interfere with service to any user, host or network, nor copy any pages or register identical keywords with search engines to mislead other users into thinking that they are visiting the Website’s legitimate web pages or use the Website for any other unlawful or objectionable conduct;
• j)    misuse the Website by knowingly or recklessly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. ProPartner must not attempt to gain unauthorised access to the Website, the server on which our depository of resources is stored or any server, computer or database connected to the Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, ProPartner (and its applicable employee(s) and/or agent(s)) would breach a criminal offence under the Computer Misuse Act 1990. Bosch and/or the Administrator will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing applicable identities to them. In the event of such a breach, ProPartner’s right to use the Website will cease immediately.

26)    To access the Website, ProPartner may be given, or able to choose, a User ID and password (“Access Information”), which ProPartner must treat as confidential. ProPartner must not disclose its Access Information to any third party.
As a user of the Website, ProPartner must register an account with Website. This is done via the registration page on the Website or via an email communication. It is ProPartner’s responsibility to provide accurate information and notify the Administrator of any changes. Bosch and the Administrator reserve the right to deny approval of ProPartner’s registration if it deems that the application is not appropriate or fraudulent.

ProPartner shall be solely responsible for maintaining the confidentiality of its password. ProPartner shall immediately notify the Administrator of any known or suspected unauthorised use(s) of ProPartner’s account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of ProPartner’s password. ProPartner is fully responsible for all usage and activity on ProPartner’s account. Notwithstanding anything else herein, Bosch and the Administrator reserve the right to pursue any and all claims against ProPartner and any user of ProPartner’s account. Employee access to ProPartner’s account is valid only while such employee is employed by the ProPartner. ProPartner employees are prohibited from accessing ProPartner’s account immediately upon termination of his or her employment with ProPartner.

ProPartner acknowledges that it is responsible for ensuring that no unauthorised access to the Website and the Services obtained using its Access Information and that it isliable for all such activities conducted through ProPartner’s account whether authorised or not. ProPartner must inform Bosch or Administrator immediately and no later than 24 hours if ProPartner’s Access Information becomes known to any unauthorised user. This includes loss, theft or unauthorised disclosure of ProPartner’s password. ProPartner is fully responsible for all usage, including the upload of any malware or fraudulent and other inappropriate activity on ProPartner’s account. Notwithstanding anything else herein, Bosch and the Administrator reserve the right to pursue any and all claims against ProPartner and any user of ProPartner’s account.

ProPartner shall notify Bosch and the Administrator as soon as possible and no later than 24 hours (i) if ProPartner is granted access to information which ProPartner does not, acting reasonably, believe that ProPartner should, due to ProPartner’s function/role/company/organisation, have access to and/or (ii) if ProPartner becomes aware that someone within its company/organisation has been granted access to information which they do not, acting reasonably, believe that they should, due to their function/role, have access to. Bosch and the Administrator reserve the right to modify the Website and/or the services provided via the Website or suspend or terminate the Website and/or the services provided by the Website or access to part or all of them at any time, if in their reasonable opinion ProPartner have failed to comply with any of the provisions of these Terms. Bosch and the Administrator have the right to disable any Access Information, whether chosen by ProParter or allocated by Bosch or the Administrator. Bosch and the Administrator have the right to disable any Access Information, whether chosen by ProPartner or allocated by Bosch or the Adminisrator, at any time, if in their reasonable opinion ProPartner have failed to comply with any of the provisions of these Terms.

27)    Bosch  and/or the Administrator cannot guarantee the performance of any third party and shall not be liable for any act or default by a third party.  ProPartner agrees that Bosch and the Administrator will have no liability whatsoever for any injuries, losses, costs, damage or disappointment of any kind resulting in whole or in part, directly or indirectly from acceptance, misuse or use of a Reward, or from participation in this Program. Nothing in this clause shall limit Bosch’s or the Administrator’s liability in respect of death or personal injury arising out of its own negligence or arising out of fraud.

28)    These Terms, the Program and all disputes between the Bosch and ProPartner arising out of or related thereto shall be governed by the laws of the State of Michigan except for its choice of law rules; the United Nations Convention on the International Sale of Goods shall not apply.  You acknowledge that these Terms and the Program evidences a transaction involving interstate commerce.  Any and all disputes, controversies, differences, or claims arising out of or relating to these Terms (including the formation, existence, validity, interpretation (including of this Arbitration clause), breach or termination thereof) and/or the Program shall be resolved exclusively through binding arbitration, except that both Bosch and ProPartner, as the case may be, shall have the right, at its option, to seek interim injunctive relief at any time, under seal to maintain confidentiality to the extent permitted by law, (i) in either the Michigan Circuit Court for the County of Oakland or the United States Court for the Eastern District of Michigan, or (ii) pursuant to the American Arbitration Association (“AAA”) Commercial Arbitration Rules. A request by Bosch or ProPartner to a court of competent jurisdiction for such interim measures shall not be deemed incompatible with, or a waiver of, this agreement to arbitrate.  Bosch and ProPartner agree that any ruling by the arbitration tribunal on interim measures shall be deemed to be a final award for purposes of enforcement. The arbitration proceedings shall be conducted in accordance with the Commercial Arbitration Rules of the AAA as amended from time to time, except as modified by this clause or by mutual agreement of Bosch and ProPartner, and shall be governed by the United States Federal Arbitration Act. Within 14 days after the commencement of arbitration, each of Bosch and ProPartner shall select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. If the arbitrators selected by Bosch and ProPartner are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the AAA.  The arbitration shall be conducted in Detroit, Michigan, USA, and the language of the arbitration shall be English. The arbitrators’ award shall be final and binding.  The arbitrators shall issue a written opinion setting forth the basis for the arbitrators’ decision. The written opinion may be issued separately from the award, in the arbitrators’ discretion. Each of Bosch and ProPartner shall bear its own attorney fees and costs, and each of Bosch and ProPartner shall bear one half the cost of the arbitration hearing fees and the cost of the arbitrator, unless the arbitrators find the claims or defenses to have been frivolous or harassing, in which case fees and costs may be assessed in the arbitrators’ discretion. Either Bosch or ProPartner may apply to have the arbitration award confirmed and a court judgment entered upon it.  Venue for confirmation of or any challenge to the Arbitration Award shall be in either the Michigan Circuit Court for the County of Oakland or the United States Court for the Eastern District of Michigan and shall be done under seal to maintain confidentiality to the maximum extent permitted by law.  The arbitrators shall have no authority to award punitive damages or any other damages excluded herein, to the maximum extent permitted by law.  Except as may be required by law, neither Bosch, ProPartner, either of their respective counsel, nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both Bosch and ProPartner.

29)    All proof or purchase documentation becomes property of Bosch and will not be returned. Bosch is not responsible for lost, late, damaged, illegible or misdirected mail or forms. Fraudulent claims will be prosecuted to the fullest extent of the law. Void where taxed, prohibited or restricted by law. The individual agreeing to these terms on behalf of ProPartner represents that s/he is at least 18 years of age at time s/he clicks on “Agree” below, and has full authority to agree to these terms on behalf of ProPartner.

By clicking on “Agree”, you agree to the Program terms set forth above. 

Table 1 – Determining Next Program Year Tier and ProPoints Earning Rates

The chart below sets forth the minimum net purchases of Eligible Products a ProPartner must make in the current Program Year in order to achieve any particular Tier in the next Program Year, as well as the corresponding ProPoints earning rates for such Tiers in the next Program Year.

ProPoint Earning Rates for the next Program Year will be determined based on either (a) for ProPartners that joined in the current Program Year, the ProPartner’s Tier for the next Program Year, or (b) for ProPartners that joined prior to the current Program Year, the ProPartner’s Tier for the next Program Year and the percentage growth (based on dollars/MSRP) of purchases of Eligible Products by such ProPartner for the current Program Year (net of returns) compared to purchases of Eligible Products by such ProPartner in the immediately preceding Program Year (net of returns). For example:

• •    If new ProPartner enrolls in the Program in July of Program Year 2024 (i.e. Year 1), and makes total Eligible Product purchases of $125,000 (based on MSRP of all Eligible Products purchased) after enrolling in the Program (net of returns), such ProPartner would qualify for the Platinum Tier for Program Year 2025 and have a ProPoint Earning Rate of 8%.
• •    If ProPartner is in its second year participing in the Program for Program Year 2024, had made $149,000 in purchases of Eligible Products in Program Year 2023 (net of returns) and makes $178,000 in purchases of Eligible Products in Program Year 2024 (net of returns), such ProPartner would qualify for the Platinum Tier for Program Year 2025 (based on purchases of Eligible Products made in Program Year 2024 (net of returns)) and would have a ProPoint Earning Rate for Program Year 2025 of 10% (based on YOY Purchases Growth of 19%).

Table 2 – Current Program Year In-Year Qualification Requirements

Table 3 – Current Program Year ProPoints Earning Rates*

ProPoint Earning Rates for the current Program Year for a ProPartner’s first year in the Program will be 6% of such ProPartner’s purchases of Eligible Product from the date such ProPartner joined the Program until the end of such Program Year.

ProPoint Earning Rates for the current Program Year for ProPartners that are not in the first year in the Program are determined based on a method set in the immediately preceding Program Year’s Program. See Table 3 above for the applicable ProPoint Earning Rate for each Tier in Program Year 2024. 

Table 4 – Current Program Year ProPoints Redemption Rates

Table 5 - Courier Voucher Participant Benefits

**Select customers only, must have used the Courier Voucher service in calendar year 2022 to qualify.

* 2024 Program Tier based on purchases of Eligible Products made in 2023 (net of returns).
**Select customers only, must have used the Courier Voucher service in calendar year 2022 to qualify.