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By publishing (or attempting to publish) a Listing for your Offer in the Commercial Marketplace or using features of Partner Center related to publication on the Commercial Marketplace, you agree to the terms of this Agreement. Microsoft may update this Agreement at any time and will notify you of such changes in Partner Center. By continuing to use your Publisher Account or maintaining your Listing in the Commercial Marketplace after the changes become effective, you agree to the new terms. If you do not agree to the new terms, you must remove your Listings from the Commercial Marketplace and close your Publisher Account.
This Agreement contains terms applicable to the Commercial Marketplace, and the Addenda contains terms for specific: (i) types of Offers, (ii) go to market channels (including reselling Offers, and using indirect channels for certain countries), and (iii) programs (including the Microsoft 365 Certification Program and ISV Success for Business Applications). The Addenda may contain additional or different terms from the body of this Agreement, and in such case, the Addenda will control.
To publish a Listing and make available Offers in the Commercial Marketplace, you must open a Publisher Account through Partner Center and provide all information required by Microsoft to approve you as a Publisher. Microsoft may use your contact information provided for the Microsoft Partner Network to send you information regarding announcements, programs, updates, and the like for your Publisher Account. You agree that Microsoft may display the contact information (including email address) that you provide us in the Commercial Marketplace for Customer support and transactional purposes. You are responsible for all activity that takes place with your Publisher Account. If you fail to keep your Publisher Account in good standing, Microsoft may revoke your Publisher Account, remove your Listings from the Commercial Marketplace, delete Offer ratings and reviews, retain associated fees (if any), and pursue any other remedies available to Microsoft.
(a) Publishing. You must submit to Microsoft each Offer that you wish to List, including any Offer Assets and updates. You are solely responsible and liable for the Offer, including all delivery and support. Microsoft may retain copies of the Offer Assets and any other materials you submit with your Offer. Microsoft will not return them, so you must maintain your own backup copies.
(c) Certification. Each Offer is subject to Certification before the Listing for such Offer is published in the Commercial Marketplace. Certification and post-publication assurances, described below, may include Microsoft scanning submitted Offers for identification of security vulnerabilities. Microsoft's Certification of an Offer does not constitute any representation or acknowledgment by Microsoft that the Offer complies with such requirements, nor does it constitute any acceptance by Microsoft of any responsibility or liability for the Offer.
(d) Post Publication Assurances. Once published in the Commercial Marketplace, Microsoft may periodically test and evaluate your Offer to verify that it continues to comply with this Agreement and Documentation. Microsoft may also modify your Listing solely to correct obvious spelling, grammatical or typographical errors.
(e) Removing a Listing. If you wish to remove your Listing, you may do so via your Publisher Account in Microsoft Partner Center. Microsoft will remove the Listing from the applicable Commercial Marketplace and cease making the affected Listing for your Offer available through the Commercial Marketplace.
(f) Microsoft Removal and Disablement Policies. Microsoft may remove or suspend the availability of any Listing for your Offers from the Commercial Marketplace for: (i) your breach of this Agreement (including Documentation); (ii) your termination of this Agreement or of any of the license grants to Microsoft associated with an Offer; (iii) an assertion or claim that your Offer infringes the intellectual property rights of a third party in accordance with our Notice and Takedown process for services; (iv) complaint(s) about the content or quality of your Offer; or (v) an allegation of or your violation of any applicable law, regulation, or regulatory guideline. Microsoft also may disable your Offer if: (A) Microsoft determines that the Offer causes harm to Customers or their devices, third parties (including any Covered Parties) or any network; (B) pursuant to a request or instruction from a Customer; or (C) to comply with any judicial order, or government law, regulation, or order.
(g) Infringement Claims. If you believe another Offer or third-party content in the Commercial Marketplace violates your rights, you may submit a claim to Microsoft in accordance with our Notice and Takedown process for services. If Microsoft refers a claim to you, you will promptly respond and comply with any requirements in the Notice and Takedown process.
(h) Offer Placement and Promotion. Microsoft reserves the right, in its sole discretion, to make (or to designate Affiliates or third parties to make) all decisions regarding placement or promotion of Offers anywhere in the Commercial Marketplace, except as may be otherwise agreed between you and Microsoft.
(i) Offer Rankings and Ratings. The Commercial Marketplace may allow Customers to comment on and rate Offers and display such comments and ratings on your Offer, including comments and ratings sourced from third parties. Microsoft may make rankings, ratings, or comments publicly available. Microsoft may use those ratings and other data to determine the placement or marketing of Offers in the Commercial Marketplace. You may not attempt to manipulate rankings, ratings or comments for your Offer or any other Offer. Microsoft may remove any rankings, ratings, or comments at its sole discretion and for any reason.
(j) Modification or Discontinuance. The Commercial Marketplace and Partner Center are the property of Microsoft. Microsoft may, in its sole discretion, change or discontinue the Commercial Marketplace or Partner Center at any time.
(a) Grant of Rights to Microsoft. You do not transfer ownership of any Offer or Offer Asset by submitting them to Microsoft to publish a Listing. By submitting an Offer and Offer Assets to create your Listing, except for third party rights and material under open source licenses described in Section 3(b), you directly grant to Microsoft, the worldwide, limited, non-exclusive right to: (i) host, install, reproduce, publicly perform and display via any digital transmission technology, your Offer Assets, solely as necessary to operate the Commercial Marketplace, display and manage your Offers, and make available your Offers to Customers; and (ii) access, distribute, and use your Offer solely as necessary to Certify such Offer and as otherwise required by Microsoft to make available your Offer to Customers.
(b) Third-Party Rights/Open-Source Licenses. Your Offer and Offer Assets must not infringe or misappropriate any intellectual property or personal right of any third party. If you license any portion of your Offer from a third party or under any open-source license, you are solely responsible for compliance with those license terms and conditions and ensuring that Microsoft, in its capacity as your agent or commissionaire, has the necessary rights to perform its obligations to you under this Agreement. You are, at your sole cost and expense, responsible for securing, reporting, and maintaining all necessary rights, clearances, and consents and paying all licensing fees (including applicable public performance license fees or other consideration associated with providing music or video (and all content embodied therein) in and through your Offer), and for undertaking all related reporting obligations.
(d) Customer Contracts. You, not Microsoft, will license or grant any necessary use rights to your Offers to Customers. You may provide your own contract terms, consistent with any obligations under this Agreement, or you may elect to govern Customers' use of your Offer with the Microsoft Standard Contract (available here). If you do not provide your own contract terms (or, if you elect to use the Standard Contract), then the Standard Contract terms will apply between you and Customers. Any contract terms are between you and Customers and will not create any obligations or responsibilities of any kind for Microsoft. You acknowledge that Microsoft grants no right or license to your Offers through the operation of the Commercial Marketplace or through enabling you to provide Offers through the Commercial Marketplace.
(e) License to Microsoft Marks. While you have a Listing, Microsoft grants you a worldwide, nonexclusive, nontransferable, non-sublicensable, royalty-free, revocable license to use the Microsoft Marks in connection with advertising for your Offer, solely as described in the Microsoft Marketing Guidelines and in compliance with the General Microsoft Trademark and Brand Guidelines. You will correct any misuse of Microsoft Marks upon Microsoft's notice and will cease using Microsoft Marks if you fail to correct such misuse. Microsoft is the sole owner of the Microsoft Marks and associated goodwill, and the sole beneficiary of the goodwill associated with your use of the Microsoft Marks. You will not acquire any right, title, or interest in the Microsoft Marks because of your use of the Microsoft Marks. You hereby assign and will assign in the future any rights you may acquire in the Microsoft Marks as a result of your use of the Microsoft Marks under this license, along with the associated goodwill. You will reasonably assist Microsoft at Microsoft's expense in protecting the Microsoft Marks. Microsoft will determine, in its sole discretion, whether to take legal action to enforce or defend its rights in the Microsoft Marks and will control any legal action concerning the Microsoft Marks.
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