Amendment (Addendum) to Microsoft Standard Contract

Amendment (Addendum) to Microsoft Standard Contract

Last Update: February 25, 2025

Notwithstanding anything to the contrary in the Microsoft Standard Contract, including but not limited to the second paragraph of the preamble, Section 11.1, or any related document, annex, or schedule, the Parties hereby agree to amend the Microsoft Standard Contract as follows:

Any definition or reference to “Publisher” within the Microsoft Standard Contract shall be replaced with “Company”.

Section 10.5 of the Microsoft Standard Contract is hereby removed. All policies regarding payments, cancellations, and refunds shall be stipulated in a private offer that is created in the Partner Center and which includes negotiated price, duration and terms for the agreed-upon services.

Section 11.1: The order shall consist of the following components in their prevailing order: (a) This Amendment; (b) Microsoft Standard Terms; (c) A Private offer with  negotiated price, duration and terms for the agreed-upon services.; (d) Service Level Agreement (SLA); (f) Documentation

Section 11.10: This Agreement shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and is hereby expressly disclaimed. Any claim, dispute, or controversy arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction and venue of the courts located in New York County, New York, USA. Each Party hereby irrevocably submits to the personal jurisdiction of such courts and waives any objections to jurisdiction, venue, or inconvenient forum. Notwithstanding the foregoing, each Party may seek equitable relief in any court of competent jurisdiction.