Welcome to the Performance Partnership Portal

Thank you for using our services (“Services”). The Services are provided by Beckman Coulter, Inc. (“BCI”).  By using our Services, you (“Customer”) are agreeing to these terms (“Agreement”), unless you have a written agreement related to the Services (in which case the written agreement govern). Please read them carefully.  In addition to these terms BCI’s online terms of use, and privacy notice apply and are incorporated herein by reference. 

  1. Protocol and Feedback.   Additional feedback about the Services may be submitted to BCI.  Customer agrees that in the absence of a separate written agreement to the contrary, BCI will be free to use all feedback for any purpose.
  2. License to Use the Application.  Subject to Customer compliance with the terms and conditions of this Agreement, BCI grants a temporary non-exclusive, non-transferable, revocable right to access and use the Services in accordance to the terms of this Agreement.
  3. Use Restrictions.  Customer agrees to use the Services only for purposes as permitted by this Agreement and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.  In connection with Customer’s access or use of the Services, Customer agrees not to:
    1. Introduce a virus, worm, Trojan horse or other harmful software code, malware or similar malicious files that may cause damage or injury;
    2. Use the Services in any manner that could damage, disable, overburden, or impair BCI’s server, or the network(s) connected to any BCI’s server or interfere with Services;
    3. Attempt to gain unauthorized access to service, materials, other accounts, computer systems or networks connected to BCI’s server or to the Services;
    4. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services;
    5. Disclose, harvest, or otherwise collect information, including e-mail addresses, or other private information about any third party without that party’s express consent;
    6. Transmit junk mail, spam, surveys, contests, pyramid schemes, chain letters, or other unsolicited e-mail or duplicative messages;
    7. Defraud, defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; or
    8. Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, for example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless Customer owns or controls the rights thereto or has received all necessary consent to do the same.
  4. Login Account.  Customer will be provided with account and log-in information for duration of the term. Customer is responsible for all activity that takes place in the portal. Customer agrees to take responsibility for keeping passwords confidential and secure, and understands that Customer has sole responsibility and liability for activities that occur under its account.  Customer logins are for designated users and cannot be shared or used by more than one (1) employee of the Customer.
  5. Confidentiality and Mutual Non-Disclosure.  Both Parties acknowledge and agree that there may be Confidential Information (as defined below) shared during the period when Services are provided.  The information in this Agreement is confidential and proprietary.  The receiving party of Confidential Information shall keep in confidence all of the Confidential Information received by it. The receiving party shall take reasonable steps to prevent unauthorized disclosure or use of the Confidential Information provided and to prevent it from falling into the public domain or into the possession of unauthorized persons.  The receiving party shall not disclose Confidential Information it received to any person or entity other than its officers, employees, contractors and consultants who need access to such Confidential Information and who have entered into written confidentiality agreements sufficient to enable the compliance with this Section. Confidential Information shall be used for no purpose other than using the Services including providing evaluation feedback.  “Confidential Information” means all non-public materials and information provided or made available by the Parties or any third party using the Services, including products and services, information regarding technology, know-how, account information, uploaded data, content, processes, software programs, research, development, ideas, concepts, financial information and information regarding third parties.  
  6. Obligations.  Both Parties’ obligations under this Agreement with respect to any portion of the Confidential Information shall terminate when the party that received the Confidential Information (“Receiving Party”) can document that: (a) it was in the public domain at the time it was communicated; (b) it entered the public domain subsequent to the time it was communicated through no fault of the Receiving Party; (c) it was in the Receiving Party’s possession free of any obligation of confidence at the time it was communicated to the Receiving Party; (d) it was rightfully communicated to the Receiving Party free of any obligation of confidence subsequent to the time it was communicated to the Receiving Party; or (e) it was developed by employees or agents of the Receiving Party who had no access to any information communicated to the Receiving Party. Upon the Disclosing Party’s request, the Receiving Party shall promptly return or certify the destruction of all tangible materials and all materials in electronic form representing the Confidential Information and all copies thereof to the Disclosing Party.
  7. Ownership and Relationship.  Both Parties agree that nothing contained in this Agreement shall be construed as granting any ownership rights to any Confidential Information disclosed pursuant to this Agreement, or to any invention or any patent, copyright, trademark, or other intellectual property right.  Both Parties understand that nothing herein requires either Party to proceed with any transaction or relationship.