Developer Distribution Agreement

1. Definitions

Authorized Carrier: A mobile network operator who is authorized to receive a distribution fee for Products that are sold to users of Devices on its network.

Brand Features: the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of each party, respectively, as owned (or licensed) by such party from time to time.

Developer or You: Any person or company who is registered and approved by the Store to distribute Products in accordance with the terms of this Agreement.

Developer Account: A publishing account issued to Developers that enables the distribution of Products via the Store.

Developer Console: The console or other online tool provided by Myket to developers to manage the distribution of Products and related administrative functions.

Device: Any device that can access the Store, as defined herein.

Myket: is a Technology Company registered in Iran, with office at No 11, Shekarabi Alley, Shariati Street, Iran.

Store: The marketplace Myket has created and operates, which allows registered Developers in certain countries to distribute Products directly to users of Devices.

Products: Software, content and digital materials distributed via the Store.

2. Agreement

2.1. This agreement (“Agreement”) forms a legally binding contract between you and Myket in relation to your use of the Store to distribute Products. You acknowledge that Myket will, solely on your behalf, and not on Myket’s behalf, display and make Products available for download and purchase by users.

2.2. You may not use the Myket Store to distribute Products and may not accept the Agreement unless you are verified as a Developer in good standing. This Agreement will automatically terminate if you are (a) not a Developer in good standing, or (b) a person or entity barred from using Android software under the laws of the Iran or other countries including the country in which you are resident or from which you use the Android software.

3. Pricing and Payments

3.1. This Agreement covers both Products you choose to distribute for free and Paid Products. In order to charge a fee for your Products, you must have a valid account and send it to the Myket.

3.2. Products are displayed to users on your behalf, at prices you establish in your sole discretion. Myket may include applicable taxes in the price charged to users on the Store. You may set the price for your Products in the currencies permitted by us.

3.3. You will not be charged a Transaction Fee for “Free App”.The “Transaction Fee” for paid Products or in-app transactions” is 30% of your income and you are responsible for paying taxes in every country.

3.4. Myket will deal with you on “Payment Procedure” in “Weekly Payment or monthly Payment” based on your “income amount”.

3.5. You Support Your Product. Buyers are instructed to contact the developer concerning any defects or performance issues in applications downloaded and installed from Myket. You will be solely responsible for paid Products or in-app transactions and you must respond to customer support inquiries within three (3) business days, and within 24 hours to any support or Product concerns stated to be urgent by Myket.

3.6. Authority to Refund. You authorize Myket to give the buyer a full refund of the price of a Product or in-app transaction on your behalf if the buyer requests the refund at any time within 48 hours after purchase

3.7. Reinstalls. Users are allowed unlimited reinstalls of each Product distributed via the Store, provided.

4. Use of the Store by You

4.1. Myket just has the license rights granted by you in Section 5 below..

4.2. You agree to use the Store only for purposes that are permitted by (a) this Agreement and (b) any applicable law.

4.3. You agree that if you use the Store to distribute Products, you will protect the privacy and legal rights of users.

4.4. Prohibited Actions. You agree that you will not engage in any activity with the Store, including the development or distribution of Products, that interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of any third party including, but not limited to, Android users, Myket or any mobile network operator.

4.5. You agree that you are solely responsible for any Products you distribute through the Store including use of any Myket APIs and for the consequences of your actions by doing so. .

4.6. Product Ratings. The Store will allow users to rate and review Products. Only users who download the applicable Product will be able to rate and review it on the Store.

4.7. Marketing Your Product. You will be responsible for uploading your Products to the Store, providing required Product information and support to users, and accurately disclosing the security permissions necessary for the Product to function on user Devices. Products that are not uploaded in accordance with this clause will not be published in the Store.

5. License Grants

5.1. You grant to Myket a nonexclusive, worldwide, and royalty-free license to: reproduce, perform, display, and use the Products for administrative and demonstration purposes in connection with (i) the operation and marketing of the Store; (ii) the marketing of devices and services that support the use of the Products, and (iii) making improvements to the Android platform.

5.2. You represent and warrant that you have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to the Product. If you use third-party materials, you represent and warrant that you have the right to distribute the third-party material in the Product. You agree that you will not submit material to Store that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material.

6. Brand Features and Publicity

6.1. Each party shall own all right, title and interest, including without limitation all intellectual property rights, relating to its Brand Features.

7. Product Takedowns

7.1. You may remove your Products from future distribution via the Store at any time, but you must comply with this Agreement. Removing your Products from future distribution via the Store does not (a) affect the license rights of users who have previously purchased or downloaded your Products, (b) remove your Products from Devices or from any part of the Store where previously purchased or downloaded applications are stored on behalf of users, or (c) change your obligation to deliver or support Products or services that have been previously purchased or downloaded by users.
7.2. In the event that your Product is involuntarily removed because it is defective, malicious, infringes intellectual property rights of another person, defames, violates a third party’s right of publicity or privacy, or does not comply with applicable law, and an end user purchased such Product within a year before the date of takedown,: (i) you must refund to Myket, all amounts received, plus any associated fees (i.e. chargebacks and payment transaction fees), and (ii) Myket may, at its sole discretion, withhold from your future sales the amount in subsection (i) above.

8. Your Developer Credentials

8.1. You agree that you are responsible for maintaining the confidentiality of any developer credentials that Myket may issue to you or which you may choose yourself and that you will be solely responsible for all Products that are developed under your developer credentials. Myket may limit the number of Developer Accounts issued to you or to the company or organization you work for.

9. Terminating this Agreement

9.1. This Agreement will continue to apply until terminated by either you or Myket as set out below.:
9.2. If you want to terminate this Agreement, you must provide Myket with thirty (30) days prior written notice and cease your use of any relevant developer credentials.
9.3. Myket may at any time, terminate this Agreement with you if:
9.4. you have breached any provision of this Agreement
9.5. Myket is required to do so by law
9.6. you cease being an authorized Developer
9.7. Myket decides to no longer provide the Store

10. Disclaimer of Warranties

10.1. You expressly understand and agree that your use of the store is at your sole risk and that the store is provided “as is” and “as available” without warranty of any kind.
10.2. Myket further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

11. Indemnification

11.1. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless Myket, its affiliates and their respective directors, officers, employees and agents, and Authorized Carriers from and against any and all third party claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses arising out of or accruing from (a) your use of the Store in violation of this Agreement, and (b) your Product that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy.

12. Changes to the Agreement

12.1. Myket may make changes to this Agreement at any time by sending the Developer notice by email describing the modifications made. Myket will also post a notification on this page and/or on the Developer Console describing the modifications made. You should look at the Agreement, and check for notice of any changes, regularly. Changes will not be retroactive. They will become effective, and will be deemed accepted by Developer, (a) immediately for those who become Developers after the notification is posted, or (b) for pre-existing Developers, on the date specified in the notice, which will be no sooner than 30 days after the changes are posted (except changes required by law which will be effective immediately). If you do not agree with the modifications to the Agreement, you must terminate your use of the Store, which will be your sole and exclusive remedy. You agree that your continued use of the Store constitutes your agreement to the modified terms of this Agreement.

13. General Legal Terms

13.1. This Agreement constitutes the whole legal agreement between you and Myket and governs your use of the Store, and completely replaces any prior agreements between you and Myket in relation to the Store.
13.2. You agree that if Myket does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Myket has the benefit of under any applicable law), this will not be taken to be a formal waiver of Myket’s rights and that those rights or remedies will still be available to Myket.
13.3. You acknowledge and agree that each member of the group of companies of which Myket is the parent shall be third party beneficiaries to this Agreement and that such other companies shall be entitled to directly enforce, and rely upon, any provision of this Agreement that confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to this agreement.

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