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 TO THE THIRD PARTY HOST ACCESS TO ONLY THOSE PORTIONS OF THE XDK THAT
ARE NECESSARY FOR THE THIRD PARTY HOST TO PERFORM PUBLISHER'S 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 EXHIBIT A, 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 THIS XLSP ADDENDUM AND THE THIRD PARTY HOSTING
AGREEMENT.
2
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 PUBLISHER HOSTING SERVICES AT THE SAME TIME AS MICROSOFT'S SCHEDULED
DOWNTIMES FOR XBOX LIVE.
UPON NOTIFICATION OF A SCHEDULED DOWNTIME FOR THE
PUBLISHER HOSTING SERVICES, MICROSOFT MAY AT ITS OPTION REQUEST AN ALTERNATE
TIME FOR SUCH SCHEDULED MAINTENANCE AND PUBLISHER SHALL USE COMMERCIALLY
REASONABLE EFFORTS TO ACCOMMODATE MICROSOFT'S REQUEST.
5.3.3
SERVER CAPACITY AND UPTIME.
PUBLISHER SHALL USE
COMMERCIALLY REASONABLE EFFORTS TO SUPPORT ALL USERS OF ITS PUBLISHER HOSTING
SERVICES, INCLUDING OPERATING SUFFICIENT SERVERS FOR USER TRAFFIC, AND SHALL
IMMEDIATELY INFORM MICROSOFT OF THE FAILURE OF RELEVANT PUBLISHER HOSTING
SERVICES.
PUBLISHER SHALL ENSURE THAT ALL SERVERS OPERATE AT NO MORE THAN ****
CPU CAPACITY WHEN THE PUBLISHER HOSTING SERVICES IS AT A "PEAK LOAD" WHERE "PEAK
LOAD" IS DEFINED AS THAT POINT WHEN, DURING A GIVEN MONTH, (I) SERVER
TRANSACTIONS PER SECOND ARE AT THEIR HIGHEST LEVEL FOR THE PUBLISHER HOSTING
SERVICES AND (II) CPU CONSUMPTION IS AT ITS HIGHEST LEVEL.
THE PUBLISHER
HOSTING SERVICES
SHALL