Channel Support Handbook - Texas (Operational)

CHANNEL SUPPORT HANDBOOK — TEXAS OPERATIONS GUIDE

Effective Date: [__/__/____]

Provider: [________________________________] ("Provider")

This Channel Support Handbook ("Handbook") supplements the Channel Partner Agreement dated [__/__/____] (the "Agreement"). It provides the operational framework for day-to-day channel partner activities in Texas.

TABLE OF CONTENTS

• Article I: Key Definitions and Glossary
• Article II: Channel Partner Program Structure
• Article III: Onboarding and Certification Playbook
• Article IV: Deal Registration Operations
• Article V: Pricing, Discounts, and Quoting
• Article VI: Marketing Development Funds — Operations
• Article VII: Pre-Sales and Technical Engagement
• Article VIII: Order Management and Fulfillment
• Article IX: Customer Support Operations
• Article X: Data Handling and Privacy Operations
• Article XI: Brand and Marketing Guidelines
• Article XII: Partner Performance Management
• Article XIII: Regulatory Compliance Operations
• Article XIV: Territory Management
• Article XV: Handbook Term and Updates
• Article XVI: Texas Operations Notes
• Article XVII: Signatures
• Appendices

ARTICLE I: KEY DEFINITIONS AND GLOSSARY

Channel Partner / Partner: An entity authorized to resell, distribute, or refer Provider's products to Texas customers.

Reseller: Buys and resells Provider products directly to end customers.

Distributor: Buys in volume and redistributes to sub-resellers or end customers.

VAR (Value-Added Reseller): Combines Provider products with its own solutions.

Referral Partner: Refers leads to Provider for a referral fee.

Deal Registration: Submitting a prospective opportunity to Provider for pricing protection.

MDF (Marketing Development Funds): Co-marketing budget for qualified Partners.

SPIFF: Short-term bonus for hitting sales targets.

MSRP: Manufacturer's Suggested Retail Price.

MAP: Minimum Advertised Price.

End Customer: Final buyer or licensee.

PAM: Partner Account Manager — your Provider contact.

SE: Solutions Engineer — technical pre-sales resource.

POC: Proof of Concept.

QBR: Quarterly Business Review.

ARTICLE II: CHANNEL PARTNER PROGRAM STRUCTURE

2.1 Tier Overview

2.2 Moving Up

☐ Hit the next tier's revenue target (trailing 12 months)

☐ Get enough team members certified

☐ Maintain CSAT at [____]%+

☐ Submit quarterly plans and pipeline

☐ Stay compliant with all program rules

2.3 Tier Demotion

[____] days' notice before demotion. [____]-day cure period.

ARTICLE III: ONBOARDING AND CERTIFICATION PLAYBOOK

3.1 New Partner Checklist

Complete within [____] days:

☐ Sign the Agreement and addenda

☐ Create your portal account at [________________________________]

☐ Submit Partner profile and business plan

☐ Name your business and technical contacts

☐ Complete "Partner Foundations" course

☐ Pass the Foundations exam ([____]%+ to pass)

☐ Upload E&O insurance ($[________________________________] minimum)

☐ Upload general liability insurance ($[________________________________] minimum)

☐ Acknowledge Handbook, MAP Policy, and Code of Conduct

3.2 Certification Tracks

3.3 Stay Current

Renew before expiration. [____]-day reminders sent. Expired certs affect tier status.

3.4 Training

Portal: online courses, workshops, labs, docs, competitive guides, release training within [____] days.

ARTICLE IV: DEAL REGISTRATION OPERATIONS

4.1 Registering a Deal

1. Portal: "Deal Registration" then "New"
2. Fill in:
   ☐ Customer company, address, contact
   ☐ Products/services and estimated value
   ☐ Expected close date
   ☐ Your value-add
   ☐ Competition

4.2 Review

Response within [____] business days: Approved, Conditional, or Declined with reason.

4.3 Protection

Protected [____] days. No conflicting registrations. Registered discount applies. Expires if not closed.

4.4 Extensions

One [____]-day extension with engagement proof. Response in [____] business days.

4.5 Conflicts

Timestamps, engagement, and customer preference reviewed. Channel Sales Director decides within [____] business days.

ARTICLE V: PRICING, DISCOUNTS, AND QUOTING

5.1 Your Discounts

5.2 Price Lists

On portal. Changes effective [____] days after posting.

5.3 MAP

No advertising below MAP. Violations: 1st—warning, 2nd—MDF suspended [____] days, 3rd—tier demotion or removal. You can sell below MAP, just do not advertise it.

5.4 Special Pricing

SPR through portal with details, competitive intel, your proposed price, justification. Response in [____] business days.

5.5 NFR / Demo

[____]% off for internal use and demos. Not for resale.

5.6 Texas Sales Tax

This is important — Texas has complex sales tax.

• State rate: 6.25% plus local taxes (combined rates can reach 8.25%)
• Physical nexus: Office, warehouse, employees, inventory in Texas, or trade show attendance exceeding one day
• Economic nexus: $500,000+ in Texas receipts in prior 12 months
• SaaS/Digital: Texas taxes data processing services (including SaaS) at 80% of the sale price. This is unique to Texas.
• Local taxes: Texas has 1,500+ local taxing jurisdictions. You must collect the local rate for the delivery address.
• Resale certificates: Get Texas Sales Tax Resale Certificate (Form 01-339) from Provider for inventory
• Drop shipments: If the drop shipper has Texas nexus, collection is required

ARTICLE VI: MARKETING DEVELOPMENT FUNDS — OPERATIONS

6.1 Your MDF Budget

6.2 What You Can Fund

☐ Webinars/seminars ☐ Trade shows ☐ Digital campaigns ☐ Content creation
☐ Direct mail ☐ Customer events ☐ Lead gen ☐ POC environments

6.3 How It Works

1. Get Approval: Submit [____] days before the activity
2. Execute: Per your plan and Provider brand guidelines
3. Claim: Within [____] days — proof, receipts, results
4. Get Reimbursed: Within [____] days at [____]% of approved expenses

6.4 Use It or Lose It

Expires after [____] months. No rollover.

ARTICLE VII: PRE-SALES AND TECHNICAL ENGAGEMENT

7.1 What You Get

7.2 Requesting Help

Portal or PAM. Include customer, opportunity, what you need, timeline. Acknowledgment [____] hours; assignment [____] business days.

7.3 Sales Tools

Data sheets, playbooks, ROI tools, architectures, success stories, competitive guides on portal.

ARTICLE VIII: ORDER MANAGEMENT AND FULFILLMENT

8.1 Placing Orders

Portal (preferred), EDI (Distributors), or email to [________________________________].

8.2 Confirmation

Within [____] business days.

8.3 Delivery

• Software/SaaS: Electronic within [____] business days
• Hardware: Ships within [____] business days, [FOB Origin / FOB Destination]

8.4 Returns

Within [____] days; original condition; [____]% restocking fee. Custom products final sale.

8.5 Payment

Net [____] days. Late interest: [____]% per month (subject to Texas Fin. Code § 302.001 limits).

ARTICLE IX: CUSTOMER SUPPORT OPERATIONS

9.1 Who Does What

Your Team (Level 1):
☐ Take the initial customer contact
☐ Gather all info (customer, environment, reproduction steps)
☐ Try documented fixes from the KB
☐ Handle how-to, account, and license questions
☐ Assign severity

Provider Level 2:
☐ Advanced diagnostics and troubleshooting
☐ Product defect identification
☐ Configuration-level fixes

Provider Level 3:
☐ Bug fixes and patches
☐ Backend system issues
☐ Architecture problems

9.2 Response Times

9.3 Escalation

1. Ticket with: customer, environment, description, steps, logs, severity, impact, what you tried
2. Provider L2 responds per response times
3. Collaborate on resolution
4. Bugs go to L3

9.4 After-Hours

Sev 1/2: Call [________________________________]. Same response times apply. Coverage: [24/7/365 / ________________________________].

9.5 Customer Communication

• Meet L1 times
• Sev 1/2: update customer every [____] hours
• Be honest about timelines
• No unauthorized promises about resolution, roadmap, or credits

ARTICLE X: DATA HANDLING AND PRIVACY OPERATIONS

10.1 Daily Data Rules

☐ Only access customer data when necessary for your work
☐ Do not sell, share, or disclose data to unauthorized parties
☐ Use encrypted channels for data transfers
☐ Secure your devices; use strong passwords
☐ Report any suspected data incidents immediately

10.2 Texas Data Privacy and Security Act (TDPSA)

The TDPSA (effective July 1, 2024) gives Texas consumers rights over their personal data:

Consumer Rights You Must Support:
☐ Right to know what data is collected
☐ Right to correct inaccurate data
☐ Right to delete personal data
☐ Right to portable copy of data
☐ Right to opt out of sale, targeted ads, and profiling

Your Obligations:
☐ Only collect data that is relevant and necessary
☐ Use data only for disclosed purposes
☐ Implement reasonable security practices
☐ Respond to consumer requests within 45 days (extendable by 45 days)
☐ Conduct data protection assessments for high-risk processing

10.3 Data Breach Response

If you discover or suspect a breach affecting Texas residents:

1. Notify Provider within [____] hours
2. Preserve evidence
3. Texas requires notification "as quickly as possible" (Tex. Bus. & Com. Code § 521.053)
4. If 250+ Texas residents affected: notify the Texas AG within 60 days of breach determination
5. Cooperate with investigation and remediation

10.4 Data Sharing with Provider

All data sharing must be:
☐ Necessary for your partner obligations
☐ Sent encrypted
☐ Logged for audit
☐ Consistent with consumer opt-out preferences under TDPSA

ARTICLE XI: BRAND AND MARKETING GUIDELINES

11.1 Using Provider Branding

☐ Use only approved logos from the portal Brand Library
☐ Follow Brand Guidelines
☐ No modifications
☐ Include trademark symbols
☐ Do not suggest Provider endorses your other products

11.2 Co-Marketing

Submit [____] business days before publication. Response in [____] business days. After termination: stop within [____] days.

ARTICLE XII: PARTNER PERFORMANCE MANAGEMENT

12.1 What We Track

12.2 QBRs

Quarterly with PAM: revenue, pipeline, support, marketing, certs, action items, next quarter.

12.3 If You Fall Behind

Miss minimums for [____] quarters: PIP with clear targets, [____]+ days to improve, consequences if not met.

ARTICLE XIII: REGULATORY COMPLIANCE OPERATIONS

13.1 Anti-Bribery

☐ No payments to officials for business advantage
☐ Do not misuse MDF or SPIFFs
☐ Report suspicious requests to compliance and Provider

13.2 Export Controls

☐ No shipping to sanctioned countries/persons
☐ Check OFAC lists when in doubt

13.3 Fair Competition

☐ Do not agree with competitors on pricing, territories, or customers
☐ Texas Free Enterprise and Antitrust Act (Tex. Bus. & Com. Code §§ 15.01-15.52) tracks federal law
☐ Territory restrictions are between you and Provider, not Partners

13.4 Texas DTPA

This is critical in Texas.

☐ Do not make false, misleading, or deceptive claims about Provider products
☐ Do not engage in unconscionable practices
☐ DTPA allows treble damages for knowing or intentional violations
☐ The DTPA can be waived in writing for transactions over $500,000 if customer has independent counsel
☐ For transactions under $500,000, DTPA protections cannot be waived

13.5 Franchise Law

• Texas is not a franchise registration state
• FTC Franchise Rule still applies
• Texas Business Opportunity Act may apply if Provider makes earnings claims
• Our relationship is structured to avoid franchise/business opportunity classification

13.6 Independent Contractor Status

• You are an independent business
• You control your own operations, staff, schedule, and methods
• You are responsible for your own taxes and insurance
• Workers' comp is not mandatory in Texas but strongly recommended
• Texas uses common law control test (not ABC test)
• Texas Workforce Commission uses IRS 20-factor analysis

13.7 Product Liability

Texas has strong innocent seller protections.

• The Texas Products Liability Act (Tex. Civ. Prac. & Rem. Code Ch. 82) protects non-manufacturer sellers who did not alter or fail to warn about the product
• Exceptions: manufacturer insolvent or out of jurisdiction; you made independent representations; or you substantially controlled the design/manufacture
• Do not modify Provider products
• Pass through all warranty terms
• Report safety issues to Provider immediately

ARTICLE XIV: TERRITORY MANAGEMENT

14.1 Your Territory

Defined in your Partner agreement. Non-exclusive unless it says "Exclusive."

14.2 Exclusive Territory

Provider will not put another Partner there. You must hit minimums. Miss for [____] quarters and it may go non-exclusive.

14.3 Named Accounts

Provider's direct accounts. On the portal. Do not approach without permission.

14.4 Fair Play

Register deals. Do not poach. Do not undercut other Partners predatorily.

ARTICLE XV: HANDBOOK TERM AND UPDATES

15.1 Duration

In effect for the life of the Agreement.

15.2 Updates

Provider updates with [____] days' notice. Material changes need mutual agreement.

15.3 Wind-Down

When the Agreement ends:
☐ Stop representing as Partner within [____] days
☐ Stop using branding within [____] days
☐ Complete existing accepted orders
☐ Provider supports your customers for [____] days
☐ Return/destroy data within [____] days
☐ Submit MDF claims within [____] days
☐ Pay invoices within [____] days

ARTICLE XVI: TEXAS OPERATIONS NOTES

16.1 Governing Law

Texas law applies. Disputes go to courts in [________________________________] County, Texas.

16.2 Severe Weather Planning

Texas Partners should maintain business continuity plans addressing severe weather events (winter storms, hurricanes along the Gulf Coast, tornado season). Provider will make reasonable accommodations for response times during declared emergencies.

16.3 Sales Tax Complexity

Texas has over 1,500 local taxing jurisdictions. Make sure your tax software or process can handle destination-based sourcing with local rates. See Article V, Section 5.6.

16.4 DTPA Awareness

The DTPA is aggressively enforced in Texas. Make sure your sales team understands what they can and cannot say. False promises about product capabilities or timelines can trigger treble damages.

16.5 Jury Waiver

BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL FOR DISPUTES UNDER THIS HANDBOOK, TO THE MAXIMUM EXTENT PERMITTED BY TEXAS LAW.

ARTICLE XVII: SIGNATURES

PROVIDER:

Name: [________________________________]

Title: [________________________________]

Signature: [________________________________]

Date: [__/__/____]

PARTNER:

Company: [________________________________]

Name: [________________________________]

Title: [________________________________]

Signature: [________________________________]

Date: [__/__/____]

APPENDICES

APPENDIX 1: PARTNER TIER QUICK REFERENCE

APPENDIX 2: MDF CLAIM FORM

Company: [________________________________] Account #: [________________________________]
MDF Request #: [________________________________]
Activity: [________________________________]
Dates: [__/__/____] to [__/__/____]
Approved: $[________________________________] Actual: $[________________________________] Requesting: $[________________________________]

Attach: ☐ Photos ☐ Attendance ☐ Materials ☐ Receipts ☐ Leads ☐ Other: [________________________________]

I certify this is accurate and was executed per the approved plan.

Name: [________________________________] Title: [________________________________]
Signature: [________________________________] Date: [__/__/____]

APPENDIX 3: DEAL REGISTRATION FORM

Your Info:
Company: [________________________________] Account #: [________________________________]
Contact: [________________________________] Email: [________________________________] Phone: [________________________________]

Customer:
Company: [________________________________] Address: [________________________________]
Contact: [________________________________] Title: [________________________________]
Email: [________________________________] Phone: [________________________________]

Deal:
Name: [________________________________] Value: $[________________________________]
Close: [__/__/____] Stage: ☐ Prospect ☐ Qualified ☐ Proposal ☐ Negotiation
Products: [________________________________] Term: [____] months/years
Type: ☐ New ☐ Expansion ☐ Renewal

Value-Add: [________________________________]
Competition: Incumbent: [________________________________] Others: [________________________________]

I certify this is accurate and I have engaged directly with this customer.

Name: [________________________________] Title: [________________________________]
Signature: [________________________________] Date: [__/__/____]

This Channel Support Handbook is provided for informational purposes only. It does not constitute legal advice. Consult a Texas-licensed attorney before use.