AWS Migration Acceleration Program Terms & Conditions
Last Updated: July 1, 2024
1. Overview.
These Migration Acceleration Program (“MAP”) Terms & Conditions (these “Terms & Conditions”) govern your participation in MAP and supplement your AWS Agreement. As a participant in MAP, you will receive a MAP Migration Tracking and Incentive Guide (the “Guide”) and a Migration Plan. Capitalized terms not defined in these Terms & Conditions have the meanings set forth in the Guide.
If you are a Solution Provider or a Distributor, please see Section 7 for additional terms specific to your participation in MAP.
2. Term & Termination.
2.1. Term.
These Terms & Conditions are effective for each Migration Plan during the MAP Credit Period, unless terminated earlier pursuant to this Section 2.
2.2. Your Termination.
You may terminate a Migration Plan at any time by providing us notice. If you terminate a Migration Plan prior to the end of its MAP Credit Period, your Spend will be calculated at the end of the calendar quarter in which you terminate, but will include only Spend up to and including the date of termination. Any MAP Credits for which you are eligible at such time based on that calculation will be disbursed to your Designated Accounts within 30 days following the end of the calendar quarter in which you terminate, and any unused MAP Credits will continue to be applied to your fees for AWS as described in the Guide.
2.3. Termination for Misuse or Violation.
We reserve the right to terminate your participation in MAP for some or all Migration Plans at any time prior to the end of the MAP Credit Period due to your fraud, misuse or abuse of tagging or other program mechanisms, or your violation of these Terms & Conditions, as reasonably determined by us. Upon termination of a Migration Plan under this Section 2.3, you will receive no further MAP Credits for that Migration Plan, and any unused MAP Credits that have been disbursed to your Designated Accounts will be canceled.
2.4. Termination of Your AWS Agreement.
Any termination of your AWS Agreement will automatically terminate your participation in MAP and all Migration Plans, and your eligibility for MAP Credits, as of the date your AWS Agreement is terminated. Upon such termination, you will receive no further MAP Credits, and any unused MAP Credits that have been disbursed to your Designated Accounts will be canceled.
2.5. Pilot Participants.
If you entered into a Migration Plan during the pilot of MAP and received MAP Pilot Program Terms at that time, your participation in MAP for that Migration Plan will continue to be governed by those MAP Pilot Program Terms instead of these Terms & Conditions.
3. Compliance Requirements.
You will comply with any applicable public procurement laws, regulations, or governmental orders relating to corruption, ethics, and integrity (e.g., prohibitions against improper gratuities, bribery, corruption, kickbacks, conflicts of interest, and false claims). MAP Credits are issued solely in connection with your Migration Plan and the migrated workloads that are part of your Migration Plan; they are not intended to reward or influence any business activity or competitive bid, and are offered independently of any past, current, or prospective transaction.
If you accept a Migration Plan in support of an existing or potential business relationship with a Government Customer, you will (a) disclose to the Government Customer that we are providing you MAP Credits pursuant to your Migration Plan, and (b) pass along the entire value of the MAP Credits to the Government Customer. “Government Customer” means a third-party customer that is an entity within the executive, legislative, or judicial branches of any government at any level (e.g., federal, state, or local).
4. Use of Information.
By participating in MAP, you consent to us using metrics and data from your Migration Plan’s migration inventory (including Server IDs generated by AWS Migration Hub or information otherwise provided by you to us) and from the migrated workloads that are part of your Migration Plan to provide, measure, support, improve, and deliver MAP and AWS services related to your AWS migration experience, and to recommend AWS services and offerings that may be of interest to you. If you engaged an AWS Partner to support your migration, you consent to us sharing with that AWS Partner, during the MAP Credit Period, the Spend information necessary for the AWS Partner to support your migration.
5. Affiliates.
If you include any of your Affiliate’s accounts in your Migration Plan, you represent that you have the full power and authority to accept these Terms & Conditions on behalf of your Affiliate, and you are responsible for your Affiliate’s compliance with these Terms & Conditions. Your Affiliate’s use of AWS services under Designated Accounts will continue to be governed by the agreement between us and your Affiliate governing its use of AWS services.
6. Modification.
We may make MAP-related modifications to your Migration Plan from time to time by sending you a message to the email addresses then associated with your Management Accounts that are Designated Accounts. The modified Migration Plan will become effective when the email is sent to you. We may make MAP-related modifications to these Terms & Conditions or the Guide from time to time by posting a revised version on the AWS Site. Such modifications will become effective when we post the revised version on the AWS Site. If we modify these Terms & Conditions in a way that is materially adverse to you, as reasonably determined by us, we will give you at least 30 days’ prior notice by email or reasonable alternative means. Such modifications will become effective on the date stated in the notice. Your continued participation in MAP constitutes your acceptance of modifications made pursuant to this Section 6.
7. Solution Providers and Distributors.
If you are a Solution Provider or a Distributor, the following terms apply to your participation in MAP:
7.1. Supplement to Your Solution Provider Addendum or Distributor Addendum.
These Terms & Conditions supplement your Solution Provider Addendum or Distributor Addendum, as applicable. As used in this Section 7, “Agreement” has the meaning set forth in your Solution Provider Addendum or Distributor Addendum, as applicable.
7.2. Termination of Your Solution Provider Addendum or Distributor Addendum, or Agreement.
The first sentence of Section 2.4 is replaced with the following: “Any termination of your Solution Provider Addendum or Distributor Addendum, as applicable, or your Agreement will automatically terminate your participation in MAP and all Migration Plans, and your eligibility for MAP Credits, as of the date your Solution Provider Addendum or Distributor Addendum, as applicable, or your Agreement is terminated.”
7.3. Compliance Requirements.
For purposes of Section 3, a “Government Customer” is a Specified End Customer that is an entity within the executive, legislative, or judicial branches of any government at any level (e.g., federal, state, or local).
Additionally, if you are a Distributor, (a) your obligations in Section 3 extend to your Distribution Sellers, and (b) we will have the right to verify your compliance with these Terms & Conditions and the Guide to the same extent we may verify your compliance under—and payments made in connection with—the Distributor Addendum.
7.4. Use of Information.
Section 4 is replaced with the following: “You will obtain all necessary consents to allow us to use metrics and data from your Migration Plan’s migration inventory (including Server IDs generated by Migration Hub or information otherwise provided by you to us) and from the migrated workloads that are part of your Migration Plan to provide, measure, support, improve, and deliver MAP and AWS services related to the AWS migration experience, and to recommend AWS services and offerings that may be of interest to you or your End Customers.”
7.5. Affiliates.
Section 5 is not applicable to Solution Providers or Distributors and is deleted.