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2.4 Kofax Partner Connect 2013 - Non-Standard Licensing and Configuration

Marc Combes
Marc Combes

The document provides information for partners on non-standard deal structures, third party financing, professional services agreements, BPO agreements, and referral agreements when working with Kofax. It introduces Jessica Bethune as the manager of the EMEA deal desk who can provide guidance on contracts, forecasts, and non-standard transactions. Flexible deal structures mentioned include enterprise license agreements, term licenses, and consumption-based models.

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PartnerConnect Deutschland Frankfurt, 31. Januar 2013 EMEA Sales Operations Non-Standard Licensing & Configuration Jessica Bethune - Mgr, Deal Desk EMEA
Introduction EMEA Deal Desl Support EMEA Sales Field and Management with a 360属 Forecast Review and Risk Assessment Coordinate Contract Reviews for all Reseller, Professional Services, (BPO- ) End-User License and Support Agreements Subject Matter Expert Guidance to the EMEA Sales Teams for any Revenue Recognition questions or Legal/Finance related contractual implications Non-Standard Deal Structure Guidance
The Central Link between Sales Field and Backoffice Thomas Senger SVP Stephan Zeise- Joe Rayfield Hans Jacobs Ansgar Eickeler Alexis Vernieres Max Botta Dragutin Ivaci Peder Daxberg Goett (UK) (Benelux) Germany SD (Latin) (Italy) (Emerging) ATEM/CH SD Sales Sales Channel & Sales Sales Sales Sales Sales Field Field Alliances Field Field Field Field Field CARs CARs) CARs) CARs CARs CARs CARs - Reseller Coverage, Outreach program, Gold & Silver Partner Support - Support on transactions (License Reductions, Sales Administration Migrations, System Updates, Evals, ) Contracting Team Forecast Approval & Post-Sales Team emeadeals Legal @kofax.com Bid Mgmt Team DSF, AX, SFDC - 360属 Forecast Review & Sales Support, Contract Negotiations, Backoffice Coordination - Reports and Analysis, RFP Creation, Non-Standard Transactions such as ELAs, Financing, Novations and any other escalation coverage Order Fulfillment/ Invoicing/Cash Collection 際際滷 3
Non-Standard Deal Structures Kofax has the possiblity to provide some flexible deal structures, however within the tightly limited rules of Revenue Recogniton policies. These deal structures are normally limited to large initial investments Examples of Deal Structures can include Enterprise License Agreements Term Licenses Rental Licenses Consumption-based Licensing Models Mobile Capture based on a 2 year Term License with optional 2nd year Support renewal
3rd Party Deal Financing Financing Agreement to be signed between End-User and Financer Can offer operating or finance leases Can spread budget payment over multiple years in annual or quarterly invoicing Still requires good credit of End-User Contact your Kofax Sales Represantitive and/or the EMEA Deal Desk should your End-User require 3rd party Financing 5
Technical Support Kofax offers a standard support service for all customers and partners world-wide www.kofax.com/support Technical Support Team have statistics on request demonstrating excellent customer satisfaction and benefits of support coverage Standard Support Fees are calculated at 20% of the current Global Price List item. All Resellers are asked to provide First Level Support to the End- Users to receive the full Reseller Discount on Support Fees. Where Reseller does not provide FLS there will be a maximum discount of 15% on Support Fees. Timely renewals of support contracts are important to ensure there is no break in support provision and to avoid any re- instatement fees 6
Master PS Agreements The Reseller Agreement does not include appropriate terms for PS Deliveries therefore we will ask you to sign a Master PS Agreement in addition for any order received for Professional Services. It also does not include any form of Subcontracting please contact the local PS Manager to mutually agree to such a contract. The MPSA is the basis the Statement of Work will outline the actual milestones and agreements for the current project/deliverable. 7
BPO Agreements A Business Processing Outsourcing (BPO) agreement is a contract between a client company and a third-party service provider to take over a (non-)core part of the client's business operations. The agreement is structured as a performance contract. It governs a long-term arrangement where the third-party firm often acts as an agent of the client company or provides an important link in the operational chain. An outsourcing relationship has many complex components. The client company is concerned with quality substitution and efficient transfer of business functions that were once handled in-house and are now going to be handled by an outside company on its behalf. Service providers are concerned with scope of service, performance measures, and benchmarks to ensure there is an objective standard in place to assess work quality. As a result, the BPO agreement is a unique document that resembles a performance contract much more than it does an ordinary Sales or Service Contract. To Kofax, BPO-Customers are direct customers with the additional right to use the purchased SW Licenses to provide services to third parties. A BPO License and Support Agreement does not grant the right to resell Kofax Products and the Reseller Agreement does not grant the right to use as BPO!
Allowing Reseller to sell to BPO-End-User Special Note to be included in final SW Quote: Kofax agrees in this exceptional transaction that the End User License Agreement in place between Kofax and the End Customer as provided with the resold software is amended by the following additional sentence added to the end of Clause 1 Software License: In addition to the license, which generally prohibits the use of Software in connection with providing document handling services on behalf of clients as a business process outsourcer or service bureau (Services), Licensee is hereby authorized to use the Software for such purposes, as evidenced by one or more valid order documents. 9
Referral Agreements KFX to sign Referral Agreement with a 3rd party that has not signed a standard Reseller Agreement / does not want to act as a Reseller for this individual transaction 2-Page Base Agreement signed once, with individual schedules to be attached per transaction. Once contract has been mutually agreed, Kofax will require an Invoice with the agreed value to be able to pay the Referral Fee. 10
Your Feedback, please! How can we support fast-tracking your business? common issues? Licensing rules? Pricing Configurator? eCommerce possibility? credit card payments? additonal tools in Partner Portal? 11
For further information, please contact: Jessica Bethune Mgr, Deal Desk EMEA Unterschweinstiege 8, 60549 Frankfurt am Main +49 151 544 54 889 Jessica.Bethune@kofax.com

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2.4 Kofax Partner Connect 2013 - Non-Standard Licensing and Configuration

  • 1. PartnerConnect Deutschland Frankfurt, 31. Januar 2013 EMEA Sales Operations Non-Standard Licensing & Configuration Jessica Bethune - Mgr, Deal Desk EMEA
  • 2. Introduction EMEA Deal Desl Support EMEA Sales Field and Management with a 360属 Forecast Review and Risk Assessment Coordinate Contract Reviews for all Reseller, Professional Services, (BPO- ) End-User License and Support Agreements Subject Matter Expert Guidance to the EMEA Sales Teams for any Revenue Recognition questions or Legal/Finance related contractual implications Non-Standard Deal Structure Guidance
  • 3. The Central Link between Sales Field and Backoffice Thomas Senger SVP Stephan Zeise- Joe Rayfield Hans Jacobs Ansgar Eickeler Alexis Vernieres Max Botta Dragutin Ivaci Peder Daxberg Goett (UK) (Benelux) Germany SD (Latin) (Italy) (Emerging) ATEM/CH SD Sales Sales Channel & Sales Sales Sales Sales Sales Field Field Alliances Field Field Field Field Field CARs CARs) CARs) CARs CARs CARs CARs - Reseller Coverage, Outreach program, Gold & Silver Partner Support - Support on transactions (License Reductions, Sales Administration Migrations, System Updates, Evals, ) Contracting Team Forecast Approval & Post-Sales Team emeadeals Legal @kofax.com Bid Mgmt Team DSF, AX, SFDC - 360属 Forecast Review & Sales Support, Contract Negotiations, Backoffice Coordination - Reports and Analysis, RFP Creation, Non-Standard Transactions such as ELAs, Financing, Novations and any other escalation coverage Order Fulfillment/ Invoicing/Cash Collection 際際滷 3
  • 4. Non-Standard Deal Structures Kofax has the possiblity to provide some flexible deal structures, however within the tightly limited rules of Revenue Recogniton policies. These deal structures are normally limited to large initial investments Examples of Deal Structures can include Enterprise License Agreements Term Licenses Rental Licenses Consumption-based Licensing Models Mobile Capture based on a 2 year Term License with optional 2nd year Support renewal
  • 5. 3rd Party Deal Financing Financing Agreement to be signed between End-User and Financer Can offer operating or finance leases Can spread budget payment over multiple years in annual or quarterly invoicing Still requires good credit of End-User Contact your Kofax Sales Represantitive and/or the EMEA Deal Desk should your End-User require 3rd party Financing 5
  • 6. Technical Support Kofax offers a standard support service for all customers and partners world-wide www.kofax.com/support Technical Support Team have statistics on request demonstrating excellent customer satisfaction and benefits of support coverage Standard Support Fees are calculated at 20% of the current Global Price List item. All Resellers are asked to provide First Level Support to the End- Users to receive the full Reseller Discount on Support Fees. Where Reseller does not provide FLS there will be a maximum discount of 15% on Support Fees. Timely renewals of support contracts are important to ensure there is no break in support provision and to avoid any re- instatement fees 6
  • 7. Master PS Agreements The Reseller Agreement does not include appropriate terms for PS Deliveries therefore we will ask you to sign a Master PS Agreement in addition for any order received for Professional Services. It also does not include any form of Subcontracting please contact the local PS Manager to mutually agree to such a contract. The MPSA is the basis the Statement of Work will outline the actual milestones and agreements for the current project/deliverable. 7
  • 8. BPO Agreements A Business Processing Outsourcing (BPO) agreement is a contract between a client company and a third-party service provider to take over a (non-)core part of the client's business operations. The agreement is structured as a performance contract. It governs a long-term arrangement where the third-party firm often acts as an agent of the client company or provides an important link in the operational chain. An outsourcing relationship has many complex components. The client company is concerned with quality substitution and efficient transfer of business functions that were once handled in-house and are now going to be handled by an outside company on its behalf. Service providers are concerned with scope of service, performance measures, and benchmarks to ensure there is an objective standard in place to assess work quality. As a result, the BPO agreement is a unique document that resembles a performance contract much more than it does an ordinary Sales or Service Contract. To Kofax, BPO-Customers are direct customers with the additional right to use the purchased SW Licenses to provide services to third parties. A BPO License and Support Agreement does not grant the right to resell Kofax Products and the Reseller Agreement does not grant the right to use as BPO!
  • 9. Allowing Reseller to sell to BPO-End-User Special Note to be included in final SW Quote: Kofax agrees in this exceptional transaction that the End User License Agreement in place between Kofax and the End Customer as provided with the resold software is amended by the following additional sentence added to the end of Clause 1 Software License: In addition to the license, which generally prohibits the use of Software in connection with providing document handling services on behalf of clients as a business process outsourcer or service bureau (Services), Licensee is hereby authorized to use the Software for such purposes, as evidenced by one or more valid order documents. 9
  • 10. Referral Agreements KFX to sign Referral Agreement with a 3rd party that has not signed a standard Reseller Agreement / does not want to act as a Reseller for this individual transaction 2-Page Base Agreement signed once, with individual schedules to be attached per transaction. Once contract has been mutually agreed, Kofax will require an Invoice with the agreed value to be able to pay the Referral Fee. 10
  • 11. Your Feedback, please! How can we support fast-tracking your business? common issues? Licensing rules? Pricing Configurator? eCommerce possibility? credit card payments? additonal tools in Partner Portal? 11
  • 12. For further information, please contact: Jessica Bethune Mgr, Deal Desk EMEA Unterschweinstiege 8, 60549 Frankfurt am Main +49 151 544 54 889 Jessica.Bethune@kofax.com