Common use of Program Level Clause in Contracts

Program Level. (i) Some Program Benefits will be made available only to 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 criteria such as your existing Product performance, type of listing in the Stores, market relevance of your existing Products, Customer feedback on your existing Products, and 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.