Amazon VPC Traffic Mirroring Service Level Agreement

This Traffic Mirroring Service Level Agreement (“SLA”) is a policy governing the use of Amazon VPC Traffic Mirroring (“Traffic Mirroring”) and applies separately to each account using Traffic Mirroring. In the event of a conflict between the terms of this SLA and the terms of the AWS Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

Service Commitment

AWS will use commercially reasonable efforts to make Amazon VPC Traffic Mirroring available with a Monthly Uptime Percentage of at least 99.9% for each AWS region, during any monthly billing cycle. In the event Amazon VPC Traffic Mirroring does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits

Service Credits are calculated as a percentage of the total charges paid by you for affected Traffic Mirroring regions for the monthly billing cycle in which Monthly Uptime Percentage fell within the ranges set forth in the table below:

Monthly Uptime Percentage	Service Credit Percentage
Less than 99.9% but equal to or greater than 99.0%	10%
Less than 99.0% but equal to or greater than 95.0%	25%
Less than 95.0%	100%

We will apply any Service Credits only against future Traffic Mirroring payments otherwise due from you. At our discretion, we may issue the Service Credit to the credit card you used to pay for the billing cycle in which the Unavailability occurred. Service Credits will not entitle you to any refund or other payment from AWS. A Service Credit will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability, non-performance, or other failure by us to provide Traffic Mirroring is the receipt of Service Credits (if eligible) in accordance with the terms of this SLA.

Credit Request and Payment Procedures

To receive a Service Credit, you must submit a claim by opening a case in the AWS Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

1. the words "SLA Credit Request" in the subject line;
2. the dates, times, and affected AWS region for each Unavailability incident that you are claiming;
   
3. the elastic network interface ids of affected Traffic Mirror Sources
   
4. the billing cycle with respect to which you are claiming Service Credits
   
5. your request logs that document the errors and corroborate your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).
   

If the Monthly Uptime Percentage of such request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credit to you within one billing cycle following the month in which your request is confirmed by us. Your failure to provide the request and other information as required above will disqualify you from receiving a Service Credit.

Amazon VPC Traffic Mirroring SLA Exclusions

The Service Commitment does not apply to any unavailability, suspension, or termination of Traffic Mirroring, or any other Traffic Mirroring performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of Traffic Mirroring; (ii) that result from any actions or inactions by you or any third party, including failure to acknowledge a recovery volume; (iii) that result from you not following the guidelines and best practices described in the Amazon VPC Traffic Mirroring Documentation on the AWS Site; (iv) that result from your equipment, software or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); or (v) arising from our suspension or termination of your right to use Amazon VPC Traffic Mirroring in accordance with the Agreement (collectively, the Amazon VPC Traffic Mirroring SLA Exclusions). If availability is impacted by factors other than those used in our Monthly Uptime Percentage calculation, then we may issue a Service Credit considering such factors at our discretion.

Definitions

• “Monthly Uptime Percentage” is calculated by subtracting from 100% the percentage of minutes during the month in which Traffic Mirroring was in the state of Unavailability. Monthly Uptime Percentage measurements exclude Unavailability resulting directly or indirectly from any Traffic Mirroring SLA Exclusion.
  
• A “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.
  
• “Unavailable” is defined as when all attempts to establish a Traffic Mirroring Session fail during a 5 minute period with latency higher than 10 seconds or error rate greater than 5%.