THE CONCEPT
SUBMISSION FORM AND MUST EXECUTE AN ADDENDUM TO THIS AGREEMENT, WHICH ADDENDUM
IS AVAILABLE UPON REQUEST AND WILL BE INCORPORATED INTO THIS AGREEMENT UPON
EXECUTION.
FOLLOWING EVALUATION OF PUBLISHER'S CONCEPT SUBMISSION, MICROSOFT
WILL NOTIFY PUBLISHER IN WRITING OF WHETHER THE CONCEPT IS APPROVED OR
REJECTED.
IF APPROVED, THE CONCEPT SUBMISSION FORM, IN THE FORM SUBMITTED AND
APPROVED BY MICROSOFT, IS INCORPORATED HEREIN BY REFERENCE AND ADHERENCE TO ITS
TERMS IS A REQUIREMENT FOR CERTIFICATION.
PUBLISHER MAY PROPOSE ONLINE CONTENT
AT ANY TIME AFTER A CONCEPT HAS BEEN APPROVED, IN WHICH CASE PUBLISHER SHALL
DELIVER TO MICROSOFT A SEPARATE CONCEPT SUBMISSION FOR EACH PROPOSED PIECE OF
ONLINE CONTENT.
4.1.2
PRE-CERTIFICATION.
IF THE CONCEPT IS APPROVED, PUBLISHER SHALL
DELIVER TO MICROSOFT A CODE-COMPLETE VERSION OF THE SOFTWARE TITLE OR ONLINE
CONTENT THAT INCLUDES ALL CURRENT FEATURES OF THE SOFTWARE TITLE AND SUCH OTHER
CONTENT AS MAY BE REQUIRED UNDER THE XBOX 360 PUBLISHER GUIDE.
UPON RECEIPT,
MICROSOFT SHALL CONDUCT TECHNICAL SCREEN AND/OR OTHER TESTING OF THE SOFTWARE
TITLE OR ONLINE CONTENT CONSISTENT WITH THE XBOX 360 PUBLISHER GUIDE AND WILL
SUBSEQUENTLY PROVIDE PUBLISHER WITH WRITTEN ADVISORY FEEDBACK REGARDING SUCH
TESTING.
4.1.3
CERTIFICATION.
FOLLOWING PRE-CERTIFICATION, PUBLISHER SHALL
DELIVER TO MICROSOFT THE PROPOSED FINAL RELEASE VERSION OF THE APPLICABLE
SOFTWARE TITLE THAT IS COMPLETE, READY FOR ACCESS VIA XBOX LIVE (IF APPLICABLE),
RELEASE, MANUFACTURE, AND COMMERCIAL DISTRIBUTION.
SUCH VERSION MUST INCLUDE
THE FINAL CONTENT RATING CERTIFICATION REQUIRED BY SECTION 4.4, HAVE IDENTIFIED
PROGRAM ERRORS CORRECTED, AND HAVE ANY AND ALL CHANGES PREVIOUSLY REQUIRED BY
MICROSOFT IMPLEMENTED.
MICROSOFT SHALL CONDUCT COMPLIANCE, COMPATIBILITY,
FUNCTIONAL AND OTHER TESTING CONSISTENT WITH THE XBOX 360 PUBLISHER GUIDE
("CERTIFICATION TESTING") AND SHALL SUBSEQUENTLY PROVIDE PUBLISHER WITH THE
RESULTS OF SUCH TESTING, INCLUDING ANY REQUIRED FIXES REQUIRED PRIOR TO
ACHIEVING CERTIFICATION, IN WRITING.
RELEASE FROM CERTIFICATION FOR A SOFTWARE
TITLE (AND FOR ONLINE CONTENT AS APPLICABLE) IS BASED ON (1) PASSING THE
CERTIFICATION TESTING; (2) CONFORMANCE WITH THE APPROVED CONCEPT AND ANY
REQUIRED SUBMISSION MATERIALS AS STATED IN THE XBOX 360 PUBLISHER GUIDE;
(3) PACKAGING MATERIALS APPROVAL; (4) CONSISTENCY WITH THE GOALS AND OBJECTIVES
OF THE XBOX 360 CONSOLE PLATFORM AND XBOX LIVE; AND (5) CONTINUING AND ONGOING
COMPLIANCE WITH ALL CERTIFICATION REQUIREMENTS AND OTHER REQUIREMENTS AS SET
FORTH IN THE XBOX 360 PUBLISHER GUIDE AND THIS AGREEMENT.
4.1.4
MARKETING MATERIALS APPROVAL.
PUBLISHER SHALL SUBMIT ALL MARKETING
MATERIALS TO MICROSOFT AND SHALL NOT DISTRIBUTE SUCH MARKETING MATERIALS UNLESS
AND UNTIL MICROSOFT HAS APPROVED THEM IN WRITING.
PRIOR TO USE OR PUBLICATION
OF ANY MARKETING MATERIALS, PUBLISHER AGREES TO INCORPORATE ALL CHANGES RELATING
TO USE OF THE LICENSED TRADEMARKS THAT MICROSOFT MAY REQUEST IN WRITING AND WILL
USE ITS COMMERCIALLY REASONABLE EFFORTS TO INCORPORATE OTHER CHANGES REASONABLY
SUGGESTED BY MICROSOFT (PROVIDED, HOWEVER, THAT IN ANY EVENT PUBLISHER SHALL AT
ALL TIMES COMPLY WITH THE BRANDING SPECIFICATIONS).
4.2
EU APPROVAL OPTION.
FOR A SOFTWARE TITLE THAT PUBLISHER INTENDS
TO DISTRIBUTE SOLELY IN THE EUROPEAN SALES TERRITORY (A "EUROPEAN FPU"),
PUBLISHER MAY CHOOSE TO FOREGO CONCEPT APPROVAL (SECTION 4.1.1),
PRE-CERTIFICATION (SECTION 4.1.2)