Common use of Program Benefits; Requirements and Limitations Clause in Contracts

Program Benefits; Requirements and Limitations. a. To qualify for many of the Program Benefits, you will need to have an active Product on our Marketplace. b. Program Level. i. Some Program Benefits will be made available to only Partners with certain development expertise. For purposes of this Agreement, development expertise will be known as “Program Level.” ii. Your Program Level will be determined by Microsoft based on such things as your existing Product performance, type of listing in the Marketplace, market relevance of your existing Products, Customer feedback on your existing Products, level of investment and success. iii. You may need to provide Microsoft with information about existing Products that you have on other platforms in order for Microsoft to determine your Program Level. You may also need to register with a third-party service in order for Microsoft to verify this information. Microsoft is not responsible for such third- party service. Your use of the third-party service may be subject to that third party’s terms and conditions. iv. Your Program Level may change during the Program Term and will be determined by Microsoft in its sole discretion. c. Some Program Benefits may have additional qualifying criteria. You will need to meet the additional criteria in order to be eligible for these Program Benefits. Such criteria will be disclosed by Microsoft when the Program Benefits are made available. d. Some Program Benefits may be subject to additional terms. By using such Program Benefits, you agree to be bound by these additional terms. e. Some Program Benefits may be provided by third parties. Microsoft is not responsible for third party web sites, services or Program Benefits. Your use of such Program Benefits may be subject to that third party’s terms and conditions. f. Program Benefits may be limited in number, change without notice, and available for a limited time only or while supplies last. Some Program Benefits may be available in limited geographies and limited languages. Microsoft may substitute Program Benefits with a benefit of equal or greater value in the event supplies of a Program Benefit are exhausted.