on behalf of Microsoft
(the "Beta Trials").
Microsoft's prior written approval, which may be withheld
in Microsoft's sole discretion, is required for any Beta Trials.
All feedback
provided by Microsoft to Publisher as a result of the Beta Trials is advisory in
nature, and satisfactory feedback from the Beta Trials is not an indication that
the Publisher Hosted
7
Online Content will be approved following the Certification submission.
Likewise, Beta Trial feedback may include information regarding violations of
technical Certification requirements that could, if not addressed by Publisher,
result in Certification failure.
5.
PUBLISHER HOSTING SERVICES
5.1
PUBLISHER RESPONSIBILITY.
PUBLISHER IS RESPONSIBLE FOR HOSTING
THE PUBLISHER HOSTED ONLINE CONTENT AND PROVIDING THE PUBLISHER HOSTING
SERVICES.
PUBLISHER SHALL OPERATE THE PUBLISHER HOSTING SERVICES IN A MANNER
THAT MEETS OR EXCEEDS STANDARDS OF QUALITY, PERFORMANCE, STABILITY, AND SECURITY
GENERALLY ACCEPTED IN THE INDUSTRY, AND THOSE SPECIFIC REQUIREMENTS SET FORTH
BELOW IN THIS SECTION AND IN THE XBOX 360 PUBLISHER GUIDE.
5.2
THIRD PARTY HOST.
IF PUBLISHER IS USING A THIRD PARTY HOST TO
PROVIDE THE PUBLISHER HOSTING SERVICES, PUBLISHER MAY PROVIDE THE THIRD PARTY
HOST WITH ACCESS TO ONLY THOSE PORTIONS OF THE XDK THAT ARE NECESSARY FOR THE
THIRD PARTY HOST TO PERFORM THE PUBLISHER HOSTING SERVICES.
PRIOR TO USING THE
SERVICES OF ANY THIRD PARTY HOST, THE THIRD PARTY HOST AND PUBLISHER MUST SIGN A
THIRD PARTY HOSTING AGREEMENT SUBSTANTIALLY AND MATERIALLY IN THE FORM SET FORTH
IN THE XBOX 360 PUBLISHER GUIDE, AND MICROSOFT MUST ACCEPT AND APPROVE SUCH
AGREEMENT IN WRITING.
PUBLISHER HEREBY UNCONDITIONALLY AND IRREVOCABLY
GUARANTEES THE THIRD PARTY HOST'S PERFORMANCE OF THE APPLICABLE OBLIGATIONS AND
RESTRICTIONS IMPOSED BY THESE XLSP TERMS AND THE THIRD PARTY HOSTING AGREEMENT.
5.3
PUBLISHER HOSTING SERVICE REQUIREMENTS.
PUBLISHER SHALL ADHERE TO
THE FOLLOWING REQUIREMENTS AND UPON REQUEST FROM MICROSOFT, PUBLISHER SHALL
PROVIDE MICROSOFT WITH SUFFICIENT INFORMATION TO VERIFY COMPLIANCE WITH THESE
REQUIREMENTS:
5.3.1
OPERATION.
PUBLISHER SHALL MONITOR THE OPERATION AND PERFORMANCE
OF THE PUBLISHER HOSTING SERVICES, RESPOND TO TECHNICAL AND XBOX LIVE USER
INQUIRIES, AND HAVE RULES, POLICIES, AND PROCEDURES FOR THE PUBLISHER HOSTING
SERVICES THAT ARE CONSISTENT WITH THE STANDARDS DEFINED BELOW OR AS OTHERWISE
PROVIDED BY MICROSOFT FROM TIME TO TIME IN THE EVENT MICROSOFT REASONABLY
DETERMINES THAT THE STANDARDS NEED TO BE UPDATED IN LIGHT OF INDUSTRY STANDARDS.
5.3.2
REPORTING AND TECHNICAL POLICIES.
THE PARTIES SHALL FOLLOW THE
COMMUNICATION PROCESSES FOR SHARING AND UPDATING EACH OTHER'S TECHNICAL TEAMS
SET FORTH IN THE XBOX 360 PUBLISHER GUIDE.
IN ADDITION, PUBLISHER SHALL FOLLOW
THE TECHNICAL PROCESSES, POLICIES, RULES, AND DETAILED PROCEDURES FOR
NOTIFICATION, ESCALATION AND REPORTING OF SCHEDULED AND UNSCHEDULED MAINTENANCE,
AND PROBLEMS THAT MIGHT OCCUR WITH THE PUBLISHER HOSTING SERVICES AS SET FORTH
IN THE XBOX 360 PUBLISHER GUIDE.
EACH PARTY IS RESPONSIBLE FOR NOTIFYING THE
OTHER IN THE EVENT THAT IT DISCOVERS A TECHNICAL PROBLEM WITH THE SERVICE OF THE
OTHER PARTY.
PUBLISHER SHALL PROVIDE MICROSOFT [****] ADVANCED WRITTEN NOTICE
OF PUBLISHER'S SCHEDULED DOWNTIMES, AND PUBLISHER SHALL USE COMMERCIALLY
REASONABLE EFFORTS TO SCHEDULE MAINTENANCE DOWNTIMES FOR THE