Common use of Appointment of Microsoft Clause in Contracts

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 Act that: (I)Section 84-55 of the AU GST Act applies to sales of your Apps or In - App Products made available by you through the Store as if such sales were an inbound intangible consumer supply; and (II) for the purposes of the GST law, MRS or MPL (as the case may be) is treated as the supplier of and as making the supply for consideration for which it was made. MRS and MPL will charge Store Fees to VAT/GST registered developers and any other developer identified as a business. Microsoft or its Affiliates will charge Store Fees to developers not identified as VAT/GST registered to ensure compliance with VAT rules in other countries. The terms "consideration," "GST," "GST law," and "inbound intangible consumer supply" in this section have the meanings given to those terms in the A New Tax System (Goods and Services Tax) Act 1999 (the "AU GST Act"). iv. 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 a New Zealand Customer (as determined by Microsoft), you understand and agree that Microsoft has assigned its right to act as your agent, commissionaire, or reseller, as applicable, and solely to the extent required to allow Microsoft to manage the local tax collection requirements in New Zealand with respect to the purchase of your App or In -App Products by a New Zealand Customer, to Microsoft New Zealand Limited, located at Level 0, 00 Xxxxxxx Xxxxxxx Xxxxxx, XX Xxx 0000, Xxxxxxx Xxxxxx, Auckland 1150, New Zealand ("MSNZ"). Where applicable, you and MSNZ agree that: (I) for the purposes of Section 60(1AB) of the NZ GST Act that MSNZ, and not you, are treated as making the supply of your App or In -App Products to customers located in New Zealand in the course and furtherance of a taxable activity carried on by you; and (II) for the purposes of Section 60(1B) of the NZ GST Act that the supply of your App or In-App Products to New Zealand Customers is treated for the purposes of the NZ GST Act as two separate supplies, being: (a) a supply of goods and services from you to MSNZ; and (b) a supply of goods and services from MSNZ to the Customers, treating MSNZ as if it were the principal for the purpose of the supply. MRS and MSNZ will charge Store Fees to VAT/GST registered developers and any other developer identified as a business. Microsoft or its Affiliates will charge Store Fees to developers not identified as being VAT/GST registered to ensure compliance with VAT rules in countries other than New Zealand. Where applicable, the terms used in this sub-section, but not otherwise defined in this Agreement, have the meanings given to those terms in the Goods and Services Tax Act 1985 ("NZ GST Act"). v. If your App is designated as pre-installable by an OEM or mobile operator, you will have the ability to provide the App (as formatted and signed by Microsoft) to the designated OEM or mobile operator in accordance with the applicable Documentation and pursuant to an appropriate agreement between you and the designated OEM or mobile operator.

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 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 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. iiiii. 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, thenFurther, for any transactions that involve a purchase of your App or In -App 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 XxXxxxxx Xxxx, North SydneyXxxxx Xxxx, NSW 2060Xxx Xxxxx Xxxxx, Australia Xxxxxxxxx 2113 ("MPL"), and you and MRS or MPL (as the case may be) agree for the purposes of Section 84-60 of the AU GST Act that: (I)Section 84-55 of the AU GST Act applies to sales of your Apps or In - In-App Products made available by you through the Store as if such sales were an inbound intangible consumer supply; and (II) for the purposes of the GST law, MRS or MPL (as the case may be) is treated as the supplier of and as making the supply for consideration for which it was made. MRS and MPL will charge Store Fees to VAT/GST registered developers and any other developer identified as a business. Microsoft or its Affiliates will charge Store Fees to developers not identified as VAT/GST registered to ensure compliance with VAT rules in other countries. The terms "consideration," "GST," "GST law," and "inbound intangible consumer supply" in this section have the meanings given to those terms in the A New Tax System (Goods and Services Tax) Act 1999 (the "AU GST Act"). iviii. 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, thenFurther, for any transactions that involve a purchase of your App or In-App Products by a New Zealand Customer (as determined by Microsoft), you understand and agree that Microsoft has assigned its right to act as your agent, commissionaire, or reseller, as applicable, and solely to the extent required to allow Microsoft to manage the local tax collection requirements in New Zealand with respect to the purchase of your App or In -App In-App Products by a New Zealand Customer, to Microsoft New Zealand Limited, located at Level Xxxxx 0, 00 Xxxxxxx Xxxxxxx Xxxxxx, XX Xxx 0000, Xxxxxxx Xxxxxx, Auckland 1150, New Zealand ("MSNZ"). Where applicable, you and MSNZ agree that: : (I) for the purposes of Section 60(1AB) of the NZ GST Act that MSNZ, and not you, are treated as making the supply of your App or In -App In-App Products to customers located in New Zealand in the course and furtherance of a taxable activity carried on by you; and (II) for the purposes of Section 60(1B) of the NZ GST Act that the supply of your App or In-App Products to New Zealand Customers is treated for the purposes of the NZ GST Act as two separate supplies, being: : (a) a supply of goods and services from you to MSNZ; and (b) a supply of goods and services from MSNZ to the Customers, treating MSNZ as if it were the principal for the purpose of the supply. MRS and MSNZ will charge Store Fees to VAT/GST registered developers and any other developer identified as a business. Microsoft or its Affiliates will charge Store Fees to developers not identified as being VAT/GST registered to ensure compliance with VAT rules in countries other than New Zealand. Where applicable, the terms used in this sub-section, but not otherwise defined in this Agreement, have the meanings given to those terms in the Goods and Services Tax Act 1985 ("NZ GST Act"). v. iv. If your App is designated as pre-installable by an OEM or mobile operator, you will have the ability to provide the App (as formatted and signed by Microsoft) to the designated OEM or mobile operator in accordance with the applicable Documentation and pursuant to an appropriate agreement between you and the designated OEM or mobile operator.

Appointment of Microsoft. i. Microsoft's role is to provide (i) Microsoft provides the technology and services to enable enabling the Store, and to facilitate the purchase by Customers Stores (including Customer purchases of Apps and In-App Products through the StoreProducts). Except as otherwise provided in Exhibit C to this AgreementSection 5(a), 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.appoint 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 For any transactions that involve a purchase of your App or In -App Products Product 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, commissionaire (as applicable, and the case may be) 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 Customerfor such purchase, to Microsoft Regional Sales Corporation, located at 000X Xxxxxxxxx Xxxx #00-00- 00/00 Xxxxx X, Xxxxxxxxx Xxxxxxxxxx Xxxxxxxxx 000000 ("“MRS"”), or Microsoft Pty Ltd, located at 0 Xxxxxxxx XxXxxxxx Xxxx, North SydneyXxxxx Xxxx, NSW 2060Xxx Xxxxx Xxxxx, Australia Xxxxxxxxx 2113 ("“MPL"”), and you . You and MRS or MPL (as the case may be) agree for the purposes of Section 84-60 of A New Tax System (Goods and Services Tax) Xxx 0000 (the “AU GST Act that: Act”): (I)Section A) Section 84-55 of the AU GST Act applies to sales of your Apps or In - App Products made available by you through the Store as if such sales were an inbound intangible consumer supply; and (IIB) for the purposes of the GST law, MRS or MPL (as the case may be) is treated as the supplier of and as making the supply for consideration for which it was made. MRS and MPL will charge Store Fees to VAT/GST registered developers and any other developer identified as a business. Microsoft or its Affiliates will charge Store Fees to developers not identified as VAT/GST registered to ensure compliance with VAT rules in other countries. The terms "consideration," "GST," "GST law," and "inbound intangible consumer supply" in this section have the meanings given to those terms in the A New Tax System (Goods and Services Tax) Act 1999 (the "AU GST Act"). iv. 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 Microsoftiii) to support the purchase of your App or any In -App Products, and have appointed Microsoft as agent or commissionaire, then, for For any transactions that involve a purchase of your App or In-App Products Product by a New Zealand Customer (as determined by Microsoft), you understand and agree that where Microsoft has assigned its right to act as your agent, commissionaire, agent or reseller, commissionaire (as applicable, and the case may be) solely to the extent required to allow Microsoft to manage the local tax collection requirements in New Zealand with respect to the purchase of your App or In -App Products by a New Zealand Customerfor such purchase, to Microsoft New Zealand Limited, located at Level Xxxxx 0, 00 Xxxxxxx Xxxxxxx Xxxxxx, XX Xxx 0000, Xxxxxxx Xxxxxx, Auckland 1150, New Zealand ("“MSNZ"”). Where applicable, you understand and agree to such assignment. You and MSNZ agree that: agree: (IA) for the purposes of Section 60(1AB) of the Goods and Services Tax Xxx 0000 (“NZ GST Act that Act”) MSNZ, and not you, are treated as making the supply of your App or In -App Products Product to customers Customers located in New Zealand in the course and furtherance of a taxable activity carried on by you; and (IIB) for the purposes of Section 60(1B) of the NZ GST Act that the supply of your App or In-App Products Product to New Zealand Customers is treated for the purposes of the NZ GST Act as two separate supplies, being: (ai) a supply of goods and services from you to MSNZ; and (bii) a supply of goods and services from MSNZ to the Customers, treating MSNZ as if it were the principal for the purpose of the supply. MRS and MSNZ will charge Store Fees to VAT/GST registered developers and any other developer identified . (iv) Microsoft acts as a business. Microsoft or its Affiliates will charge Store Fees to developers not identified as being VAT/GST registered to ensure compliance with VAT rules reseller, rather than your agent, in countries other than New Zealand. Where applicable, the terms used in this sub-section, but not otherwise defined in this Agreement, have the meanings given to those terms making your Product(s) available in the Goods Store in the country(ies) and Services Tax Act 1985 ("NZ GST Act"). v. If your App is designated as pre-installable by an OEM or mobile operator, you will have the ability to provide the App (as formatted and signed by Microsoft) to the designated OEM or mobile operator in accordance with the applicable Documentation and pursuant to an appropriate agreement between you and the designated OEM or mobile operator.extent listed at: xxxx://xx.xxxxxxxxx.xxx/fwlink/p/

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 XxXxxxxx Xxxx, North SydneyXxxxx Xxxx, NSW 2060Xxx Xxxxx Xxxxx, Australia Xxxxxxxxx 2113 ("MPL"), and you and MRS or MPL (as the case may be) agree for the purposes of Section 84-60 of the AU GST Act that: (I)Section 84-55 of the AU GST Act applies to sales of your Apps or In - App Products made available by you through the Store as if such sales were an inbound intangible consumer supply; and (II) for the purposes of the GST law, MRS or MPL (as the case may be) is treated as the supplier of and as making the supply for consideration for which it was made. MRS and MPL will charge Store Fees to VAT/GST registered developers and any other developer identified as a business. Microsoft or its Affiliates will charge Store Fees to developers not identified as VAT/GST registered to ensure compliance with VAT rules in other countries. The terms "consideration," "GST," "GST law," and "inbound intangible consumer supply" in this section have the meanings given to those terms in the A New Tax System (Goods and Services Tax) Act 1999 (the "AU GST Act"). iv. 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 a New Zealand Customer (as determined by Microsoft), you understand and agree that Microsoft has assigned its right to act as your agent, commissionaire, or reseller, as applicable, and solely to the extent required to allow Microsoft to manage the local tax collection requirements in New Zealand with respect to the purchase of your App or In -App Products by a New Zealand Customer, to Microsoft New Zealand Limited, located at Level 0, 00 Xxxxxxx Xxxxxxx Xxxxxx, XX Xxx 0000, Xxxxxxx Xxxxxx, Auckland 1150, New Zealand ("MSNZ"). Where applicable, you and MSNZ agree that: (I) for the purposes of Section 60(1AB) of the NZ GST Act that MSNZ, and not you, are treated as making the supply of your App or In -App Products to customers located in New Zealand in the course and furtherance of a taxable activity carried on by you; and (II) for the purposes of Section 60(1B) of the NZ GST Act that the supply of your App or In-App In -App Products to New Zealand Customers is treated for the purposes of the NZ GST Act as two separate supplies, being: (a) a supply of goods and services from you to MSNZ; and (b) a supply of goods and services from MSNZ to the Customers, treating MSNZ as if it were the principal for the purpose of the supply. MRS and MSNZ will charge Store Fees to VAT/GST registered developers and any other developer identified as a business. Microsoft or its Affiliates will charge Store Fees to developers not identified as being VAT/GST registered to ensure compliance with VAT rules in countries other than New Zealand. Where applicable, the terms used in this sub-section, but not otherwise defined in this Agreement, have the meanings given to those terms in the Goods and Services Tax Act 1985 ("NZ GST Act"). v. If your App is designated as pre-installable by an OEM or mobile operator, you will have the ability to provide the App (as formatted and signed by Microsoft) to the designated OEM or mobile operator in accordance with the applicable Documentation and pursuant to an appropriate agreement between you and the designated OEM or mobile operator.

Appointment of Microsoft. i. Microsoft's role is to provide (i) Microsoft provides the technology and services to enable enabling the Store, and to facilitate the purchase by Customers Stores (including Customer purchases of Apps and In-App Products through the StoreProducts). Except as otherwise provided in Exhibit C to this AgreementSection 5(a), you appoint Microsoft to act as your agent or commissionaire, as applicable, for these purposes and you purposes. You acknowledge that you, not Microsoft, are the distributor of each App and/or In -App Product that is Products acquired through the Store. iiStores. 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 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 of your Products through the StoreStores; (ii) the Microsoft Microsoft’s 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 your Products; and (iii) Microsoft will make payments to you in accordance with Section 6(c)5. You give grant Microsoft the right to appoint any Microsoft Affiliates Covered Parties (solely as required to administer value-added tax (VAT) obligations and mobile operators for collection and payout of applicable fees made under this Agreement) as sub-agents and also grant any Microsoft Affiliates Covered Party appointed by Microsoft as sub-agents the right to appoint other Microsoft Affiliates Covered Parties as sub-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 Microsoftii) to support the purchase of your App or any In-App Products, and have appointed Microsoft as agent or commissionaire, then, for For any transactions that involve a purchase of your App or In -App Products Product 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, commissionaire (as applicable, and the case may be) 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 Customerfor such purchase, to Microsoft Regional Sales Corporation, located at 000X Xxxxxxxxx Xxxx #00-00- 00/00 Xxxxx X, Xxxxxxxxx Xxxxxxxxxx Xxxxxxxxx 000000 ("“MRS"”), or Microsoft Pty Ltd, located at 0 Xxxxxxxx XxXxxxxx Xxxx, North SydneyXxxxx Xxxx, NSW 2060Xxx Xxxxx Xxxxx, Australia Xxxxxxxxx 2113 ("“MPL"”), and you . You and MRS or MPL (as the case may be) agree for the purposes of Section 84-60 of A New Tax System (Goods and Services Tax) Xxx 0000 (the “AU GST Act that: Act”): (I)Section A) Section 84-55 of the AU GST Act applies to sales of your Apps or In - App Products made available by you through the Store as if such sales were an inbound intangible consumer supply; and (IIB) for the purposes of the GST law, MRS or MPL (as the case may be) is treated as the supplier of and as making the supply for consideration for which it was made. MRS and MPL will charge Store Fees to VAT/GST registered developers and any other developer identified as a business. Microsoft or its Affiliates will charge Store Fees to developers not identified as VAT/GST registered to ensure compliance with VAT rules in other countries. The terms "consideration," "GST," "GST law," and "inbound intangible consumer supply" in this section have the meanings given to those terms in the A New Tax System (Goods and Services Tax) Act 1999 (the "AU GST Act"). iv. 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 Microsoftiii) to support the purchase of your App or any In -App Products, and have appointed Microsoft as agent or commissionaire, then, for For any transactions that involve a purchase of your App or In-App Products Product by a New Zealand Customer (as determined by Microsoft), you understand and agree that where Microsoft has assigned its right to act as your agent, commissionaire, agent or reseller, commissionaire (as applicable, and the case may be) solely to the extent required to allow Microsoft to manage the local tax collection requirements in New Zealand with respect to the purchase of your App or In -App Products by a New Zealand Customerfor such purchase, to Microsoft New Zealand Limited, located at Level Xxxxx 0, 00 Xxxxxxx Xxxxxxx Xxxxxx, XX Xxx 0000, Xxxxxxx Xxxxxx, Auckland 1150, New Zealand ("“MSNZ"”). Where applicable, you understand and agree to such assignment. You and MSNZ agree that: agree: (IA) for the purposes of Section 60(1AB) of the Goods and Services Tax Xxx 0000 (“NZ GST Act that Act”) MSNZ, and not you, are treated as making the supply of your App or In -App Products Product to customers Customers located in New Zealand in the course and furtherance of a taxable activity carried on by you; and (IIB) for the purposes of Section 60(1B) of the NZ GST Act that the supply of your App or In-App Products Product to New Zealand Customers is treated for the purposes of the NZ GST Act as two separate supplies, being: (ai) a supply of goods and services from you to MSNZ; and (bii) a supply of goods and services from MSNZ to the Customers, treating MSNZ as if it were the principal for the purpose of the supply. MRS and MSNZ will charge Store Fees to VAT/GST registered developers and any other developer identified . (iv) Microsoft acts as a business. Microsoft or its Affiliates will charge Store Fees to developers not identified as being VAT/GST registered to ensure compliance with VAT rules reseller, rather than your agent, in countries other than New Zealand. Where applicable, the terms used in this sub-section, but not otherwise defined in this Agreement, have the meanings given to those terms making your Product(s) available in the Goods Store in the country(ies) and Services Tax Act 1985 ("NZ GST Act"). v. If your App is designated as pre-installable by an OEM or mobile operator, you will have the ability to provide the App (as formatted and signed by Microsoft) to the designated OEM or mobile operator extent listed at: xxxx://xx.xxxxxxxxx.xxx/fwlink/p/ ?LinkId=529043, and as further described in accordance with the applicable Documentation and pursuant to an appropriate agreement between you and the designated OEM or mobile operatorSection 2 of Addendum B, entitled Products Made Available in Reseller Countries.