Appointment of Microsoft Sample Clauses

Appointment of Microsoft i. Microsoft's role is to provide the technology and services to enable the Store, and to facilitate the purchase by Customers of Apps and In-App Products through the Store. Except as otherwise provided in Exhibit C to this Agreement, you appoint Microsoft to act as your agent or commissionaire, as applicable, for these purposes and you acknowledge that you, not Microsoft, are the distributor of each App and/or In -App Product that is acquired through the Store. ii. If you utilize the Microsoft commerce platform (or any billing system provided by a Microsoft Affiliate or mobile operators designated as a sub- agent by Microsoft) to support the purchase of your App or any In -App Products and have appointed Microsoft as agent or commissionaire, then you also acknowledge that: (i) Microsoft will receive on your behalf amounts that a Customer pays when they acquire any App and/or In-App Products through the Store; (ii) the Microsoft services provided to you include the processing of purchases, returns, and chargebacks for you arising out of the purchase by Customers of Apps and In -App Products; and (iii) Microsoft will make payments to you in accordance with Section 6(c). You give Microsoft the right to appoint any Microsoft Affiliates and mobile operators as sub-agents and also grant any Microsoft Affiliates appointed by Microsoft as sub-agents the right to appoint other Microsoft Affiliates as sub-agents. iii. If you utilize the Microsoft commerce platform (or any billing system provided by a Microsoft Affiliate or mobile operators designated as a sub- agent by Microsoft) to support the purchase of your App or any In-App Products, and have appointed Microsoft as agent or commissionaire, then, for any transactions that involve a purchase of your App or In -App Products by an Australian Customer (as determined by Microsoft), you understand and agree that Microsoft has assigned its right to act as your agent or commissionaire, as applicable, and solely to the extent required to allow Microsoft to manage the local tax collection requirements in Australia with respect to the purchase of your App or In-App Products by an Australian Customer, to Microsoft Regional Sales Corporation, located at 000X Xxxxxxxxx Xxxx #00-00/00 Xxxxx X, Xxxxxxxxx Xxxxxxxxxx Xxxxxxxxx 000000 ("MRS"), or Microsoft Pty Ltd, located at 0 Xxxxxxxx Xx, North Sydney, NSW 2060, Australia ("MPL"), and you and MRS or MPL (as the case may be) agree for the purposes of Section 84-60 of the AU GST ...
Sample 1Sample 2See All (7)
AutoNDA by SimpleDocs
Appointment of Microsoft i. Microsoft's role is to provide the technology and services to enable the Store, and to facilitate the purchase by Customers of App and In-App Products through the Store. Except as otherwise provided in Exhibit B to this Agreement, you appoint Microsoft to act as your agent or commissionaire, as applicable, for these purposes and you acknowledge that you, not Microsoft, are the distributor of the Product that is acquired through the Store. If you have appointed Microsoft as agent or commissionaire, then you also acknowledge that: (i) Microsoft will receive on your behalf amounts that a Customer pays when they acquire any App and/or In-App Products through the Store; (ii) Microsoft’s services to you include the processing of purchases, returns and chargebacks for you arising out of the purchase by Customers of App and In-App Products; and
Sample 1Sample 2
Appointment of Microsoft. Except as otherwise expressly provided below, Microsoft, or its designee, will be the agent or commissionaire, as applicable, of OwnBackup for the purpose of facilitating Customer purchases through the Microsoft Marketplace, including for collection and payout of applicable fees (and, where applicable, taxes) made under the Amended and Restated Agreement.
Sample 1
Appointment of Microsoft. The Windows Phone Marketplace is a forum through which Applications are made available by Application Providers to Purchasers. Microsoft’s role is to provide the technology and services to enable this forum, and to process the related purchases, returns and chargebacks for you. You appoint Microsoft to act as your agent or commissionaire, as applicable, for these purposes, and you acknowledge that you, not Microsoft, are the distributor of the Application.
Sample 1
Appointment of Microsoft. The Windows Phone Store is a forum through which Applications and In-App Products are made available by Application Providers to Purchasers. Microsoft’s role is to provide the technology and services to enable this forum, and to process the related purchases, returns and chargebacks for you. Except as otherwise provided in Exhibit D to this Agreement, you appoint Microsoft to act as your agent or commissionaire, as applicable, for these purposes, and you acknowledge that you, not Microsoft, are the distributor of the Application and/or In-App Product.
Sample 1
Appointment of Microsoft. You appoint Microsoft to act as your agent or commissionaire, as applicable, in offering and providing the Application to Purchasers through the Windows Phone Marketplace. You do not transfer ownership of the Application to Microsoft by submitting it, but you do grant to Microsoft, in its capacity as your agent or commissionaire, the worldwide right (a) to host, use, reproduce, distribute, license, and sign the Application for purposes of performing Certification (by Microsoft or Microsoft’s designated certification provider) and (b) directly or indirectly through Microsoft’s authorized distribution partners, to host, reproduce, market, promote, and distribute the Application to Purchasers as your agent or commissionaire, as applicable. If you use the functionality in the Developer Website to request that Microsoft remove your Application from availability in the Windows Phone Marketplace (which functionality may be referred to as the “unpublish” functionality or otherwise), within a reasonable period of time Microsoft will remove the affected Application from the Windows Phone Marketplace and cease distribution of the affected Application, except as permitted under Section 11.b of this Agreement. You also grant Microsoft the right to publish your entity name, Application titles, and Marks, without modification, in connection with the distribution and marketing of the Application through the Windows Phone Marketplace and in marketing campaigns for the Application and/or Windows Phone Marketplace.
Sample 1
Appointment of Microsoft. The Marketplace is a forum through which Offerings are made available by publishers. Microsoft’s role is to provide the technology and services to enable this forum and to process the related purchases, returns, and chargebacks for you. You appoint Microsoft to act as your agent or commissionaire, as applicable, for these purposes, and you acknowledge that you, not Microsoft, are the provider and/or licensor of your Offerings, as applicable.
Sample 1
AutoNDA by SimpleDocs

Related to Appointment of Microsoft

  • Appointment of mediator Within 10 Working Days of receipt of the notice referring the Dispute to mediation, the parties must attempt to agree on the identity of the mediator and, if they cannot agree within that timeframe, the mediator will be appointed by the President (or their nominee) of the New Zealand chapter of the Resolution Institute.

  • Appointment of Manager Owner hereby engages and retains Manager as the manager and as tenant coordinating agent of the Properties, and Manager hereby accepts such appointment on the terms and conditions hereinafter set forth; it being understood that this Management Agreement shall cause Manager to be, at law, Owner’s agent upon the terms contained herein.

  • Appointment of FTIS The Investment Company hereby appoints FTIS as transfer agent for Shares of the Investment Company, as service agent in connection with dividend and distribution functions, and as shareholder servicing agent for the Investment Company, and FTIS accepts such appointment and agrees to perform the following duties.

  • Appointment of Stewards A. The Union will certify to the Employer in writing a xxxxxxx or stewards and alternates in accordance with the following general guidelines. Where more than one xxxxxxx is appointed, one shall be designated chief xxxxxxx. The selection and appointment of stewards or chief stewards is the sole and exclusive function of the Union. Stewards will be certified to represent employees in specific work location(s) on their tour; provided no more than one xxxxxxx may be certified to repre- sent employees in a particular work location(s). The number of stewards certified shall not exceed, but may be less than, the number provided by the formula hereinafter set forth. Employees in the same craft per tour or station Up to 49 1 xxxxxxx 50 to 99 2 stewards 100 to 199 3 stewards 200 to 499 5 stewards 500 or more 5 stewards plus additional xxxxxxx for each 100 employees B. At an installation, the Union may designate in writing to the Employer one Union representative actively employed at that installation to act as a xxxxxxx to investigate, present and adjust a specific grievance or to investigate a specific problem to deter- mine whether to file a grievance. The activities of such Union representative shall be in lieu of a xxxxxxx designated under the formula in Section 2.A and shall be in accordance with Section 3. Payment, when applicable, shall be in accordance with Section 4. C. To provide xxxxxxx service to installations with twenty or less craft employees where the Union has not certified a xxxxxxx, a Union representative certified to the Employer in writing and compensated by the Union may perform the duties of a xxxxxxx. D. At the option of the Union, representatives not on the Employer’s payroll shall be entitled to perform the functions of a xxxxxxx or chief xxxxxxx, provided such representatives are certified in writing to the Employer at the area level and providing such rep-

  • Appointment of Managers With effect from the day and year stated in Box 4 and continuing unless and until terminated as provided herein, the Owners hereby appoint the Managers and the Managers hereby agree to act as the Managers of the Vessel.

  • Appointment of the Distributor (a) Each Fund hereby appoints the Distributor as the principal underwriter and distributor of the Fund to sell Shares to the public on the terms set forth in this Agreement and that Fund's prospectus and the Distributor hereby accepts such appointment and agrees to act hereunder. Each Fund, during the term of this Agreement, shall sell Shares to the Distributor upon the terms and conditions set forth herein. (b) The Distributor agrees to purchase Shares, as principal for its own account, from each Fund and to sell Shares as principal to investors, and securities dealers, including Xxxx Xxxxxx Xxxxxxxx Inc. ("DWR"), an affiliate of the Distributor, upon the terms described herein and in that Fund's prospectus (the "Prospectus") and statement of additional information included in the Fund's registration statement (the "Registration Statement") most recently filed from time to time with the Securities and Exchange Commission (the "SEC") and effective under the Securities Act of 1933, as amended (the "1933 Act"), and the 1940 Act or as the Prospectus may be otherwise amended or supplemented and filed with the SEC pursuant to Rule 497 under the 1933 Act.

  • Appointment of Subcustodians The Custodian is hereby authorized to appoint one or more domestic subcustodians (which may be an affiliate of the Custodian) to hold Securities and monies at any time owned by the Fund. The Custodian is also hereby authorized when acting pursuant to Instructions to: 1) place Assets with any Foreign Custodian located in a jurisdiction which is not a Selected Country and with Euroclear, Clearstream, or any other transnational depository; and 2) place Assets with a broker or other agent as subcustodian in connection with futures, options, short selling or other transactions. When acting pursuant to such Instructions, the Custodian shall not be liable for the acts or omissions of any subcustodian so appointed.

  • Appointments The Trust hereby appoints and employs FIIOC as agent to provide the services described in Section II of this Contract for the Trust, on behalf of the Fund. FIIOC shall perform the obligations and the services set forth herein in accordance with the terms and conditions hereof.

  • Appointment of Custodians The Trustee may, with the consent of the Depositor and the Master Servicer appoint one or more Custodians to hold all or a portion of the Mortgage Files as agent for the Trustee, by entering into a Custodial Agreement. The appointment of any Custodian may at any time be terminated and a substitute Custodian appointed therefor upon the reasonable request of the Master Servicer to the Trustee, the consent to which shall not be unreasonably withheld. The Trustee shall pay any and all fees and expenses of any Custodian in accordance with each Custodial Agreement (provided that if expenses of the kind that would be reimbursable to the Trustee pursuant to Section 8.05 if incurred by the Trustee are incurred by the Custodian, the Trustee shall be entitled to reimbursement under Section 8.05 for such kind of expenses to the extent the Trustee has paid such expenses on behalf of the Custodian or for which the Trustee has reimbursed the Custodian). The Trustee initially appoints the Custodian as Custodian, and the Depositor and the Master Servicer consent to such appointment. Subject to Article VIII hereof, the Trustee agrees to comply with the terms of each Custodial Agreement and to enforce the terms and provisions thereof against the Custodian for the benefit of the Certificateholders having an interest in any Mortgage File held by such Custodian. Each Custodian shall be a depository institution or trust company subject to supervision by federal or state authority, shall have combined capital and surplus of at least $10,000,000 and shall be qualified to do business in the jurisdiction in which it holds any Mortgage File. Each Custodial Agreement may be amended only as provided in Section 11.01. In no event shall the appointment of any Custodian pursuant to a Custodial Agreement diminish the obligations of the Trustee hereunder.

  • Appointment of a Receiver To the extent permitted by applicable law, if an Event of Default shall have occurred and be continuing, and the Equipment Notes either shall have been accelerated pursuant to Section 4.02 or have become due at maturity, Loan Trustee shall, as a matter of right, be entitled to the appointment of a receiver (who may be Loan Trustee or any successor or nominee thereof) for all or any part of the Collateral, whether such receivership be incidental to a proposed sale of the Collateral or the taking of possession thereof or otherwise, and, to the extent permitted by applicable law, Company hereby consents to the appointment of such a receiver and will not oppose any such appointment. Any receiver appointed for all or any part of the Collateral shall be entitled to exercise all the rights and powers of Loan Trustee with respect to the Collateral.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!