Last Updated: October 5, 2022.
These AWS Activate Terms & Conditions (the “Terms”) govern your participation in the AWS Activate Program (the “Program”) and are an agreement between the applicable AWS Contracting Party (“AWS,” “we,” “us,” or “our”) as defined in the AWS Customer Agreement or other agreement with us governing your use of the Services (the “Agreement”) and you or the entity you represent (“you” or “your”). Your participation in the Program is governed by the Agreement in addition to these Terms. Capitalized terms used but not defined in these Terms will have the meanings specified in the Agreement. You represent to us that you are authorized to enter into these Terms.
1.1 Program Overview. The Program provides tools and resources for startup customers. You can learn more about the Program on the AWS Activate site (the “Activate Site”). To join the Program, you must have a valid AWS account and complete the registration process as specified on the Activate Site.
1.2 Promotional Credits. As a participant in the Program, you may receive access to promotional credits, including: (a) promotional credits configured for Eligible Services as defined in the AWS Promotional Credit Terms & Conditions or (b) promotional credits configured specifically for AWS Business Support (together, “Activate Credits”). Activate Credits are subject to the AWS Promotional Credit Terms & Conditions. To be eligible for Activate Credits, you may be required to complete an application. AWS may accept or reject any such application in our sole discretion.
1.3 Third-Party Offers. As part of your participation in the Program, you may have access to third-party offers, such as discounts on software products or other Third-Party Content. If you are eligible for and choose to participate in any third-party offer through the Program, you give us permission to disclose any information you provide to us in connection with the Program, including your name, email address, and contact information, to the third-party making such offer available in accordance with the AWS Privacy Notice. The third-party offering or selling Third-Party Content will be the seller of record for such Third-Party Content, and may specify separate terms and conditions and privacy policies for the use of its Third-Party Content. AWS is not a party to the transaction between you and any third-party who makes Third-Party Content available to you, and if there are separate terms for the Third-Party Content, AWS will not be a party to those terms. AWS IS NOT RESPONSIBLE FOR THIRD-PARTY CONTENT AND HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF THIRD-PARTY CONTENT OR LISTINGS, OR THE ABILITY OF SELLERS TO OFFER THE THIRD-PARTY CONTENT.
1.4 Program Changes. We may change or discontinue the Program or any aspect of it, including these Terms (as set forth in Section 3), at any time including changing or discontinuing any benefits offered under the Program. Unless we state otherwise, any changes to the Program will become effective at the time we update the Activate Site with the change.
1.5 Program Termination or Suspension. We reserve the right to suspend or terminate your access to the Program, including to any portion of the Program, at any time, including if you are in breach of these Terms or if we determine your use or access: (a) poses a security risk, (b) could subject us, our affiliates, or any third-party to liability, or (c) could be fraudulent. If your participation in the Program is terminated for any reason: (i) all licenses granted by you or us arising from your participation in the Program will terminate, (ii) you will immediately cease use of all Program benefits, and (iii) you will no longer identify yourself or hold yourself out as a Program participant.
1.6 AWS Business Support. If you apply and are approved for Activate Credits configured specifically for AWS Business Support (“Activate Business Support Credits”) and are not already enrolled in AWS Support, you will be auto-enrolled in AWS Business Support and your Activate Business Support Credits will automatically apply towards AWS Business Support on your AWS bill based on standard AWS Business Support pricing. If your Activate Business Support Credits expire prior to your full credit utilization, you will automatically be switched to AWS Basic Support. If your Activate Business Support Credits are exhausted prior to credit expiration, you are responsible for any subsequent AWS Business Support charges. You can track your Activate Business Support Credits by using the AWS Billing and Cost Management Console. You can switch from AWS Business Support to AWS Basic Support at any time by following these instructions. AWS does not assume liability for additional charges.
2. Publicity and Marketing
We may list your name, website, and other general contact information in a Program directory, or in other similar resources, or on our website. You hereby grant us a nonexclusive, worldwide, royalty-free license to use your name, website, general contact information, and any trademark, service mark, trade name, other proprietary logo or insignia, URL, domain name, or other source or business identifier that you provide to us and any other content that you provide to us in connection with the Program (collectively, “Your Materials”) in connection with a Program directory, customer lists, commercial presentations, flyers, brochures, newsletters, and similar online or hard-copy resources. We may make reasonable changes or alterations to Your Materials. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
We may modify these Terms at any time by posting a revised version on the Activate Site. The modified Terms will become effective upon posting. By continuing your participation in the Program after the effective date of any modifications to these Terms, you agree to be bound by the modified Terms. It is your responsibility to check the Activate Site regularly for modifications to these Terms.
4. AWS Contracting Entity for India
Notwithstanding the language reflected in these Terms, if your AWS account is located in India, your AWS contracting entity will be Amazon Internet Services Private Limited (“AISPL”), and these Terms represent an agreement between you and AISPL. All references to “AWS,” “we,” or “us” in the Terms shall be deemed as referring to AISPL, and all references to the “Agreement” shall be deemed as referring to the AISPL Customer Agreement or other agreement with AISPL governing your use of the Services.