additional Publisher affiliate that Publisher wishes to add to
this Exhibit 4.
Any additional Publisher affiliate may not perform any rights
or obligations under this Agreement until it has signed and submitted a
Publisher Affiliate Agreement (attached below) to Microsoft
PUBLISHER AFFILIATE AGREEMENT
For good and valuable consideration, ______________________, a corporation of
______________________ ("Publisher
Affiliate ") hereby covenants and agrees
with Microsoft Licensing, GP, a Nevada general partnership that Publisher
Affiliate will comply with all obligations of
_________________________("Publisher") pursuant to that certain Xbox 360
Publisher License Agreement between Microsoft and Publisher dated
______________, 200___ (the "Xbox 360 PLA") and to be bound by the terms and
conditions of this Publisher Affiliate Agreement.
Capitalized terms used herein
and not otherwise defined will have the same meaning as in the Agreement.
Publisher Affiliate acknowledges that its agreement herein is a condition for
Publisher Affiliate to exercise the rights and perform the obligations
established by the terms of the Xbox 360 PLA.
Publisher Affiliate and Publisher
will be jointly and severally liable to Microsoft for all obligations related to
Publisher Affiliate's exercise of the rights, performance of obligations, or
receipt of Confidential Information under the Xbox 360 PLA.
This Publisher
Affiliate Agreement may be terminated in the manner set forth in the Xbox 360
PLA.
Termination of this Publisher Affiliate Agreement does not terminate the
Xbox 360 PLA with respect to Publisher or any other Publisher Affiliates.
IN WITNESS WHEREOF, Publisher Affiliate has executed this agreement as of the
date set forth below.
All signed copies of this Publisher Affiliate Agreement
will be deemed originals.
___________________________
Signature
___________________________
Title
___________________________
Name (Print)
___________________________
Date
* Confidential portion omitted and filed separately with the Securities and
Exchange Commission.
1
EXHIBIT 5
NON-DISCLOSURE AGREEMENT
[Attached]
1
EXHIBIT 6
JAPAN AND ASIA ROYALTY INCENTIVE PROGRAM
1.
OVERVIEW
To encourage Publisher to release localized Software Titles in the Japan and
Asian Sales Territories during ****, Publisher may qualify for a special
incentive payment equal to **** according to the terms of this Exhibit 6 (the
"Royalty Incentive Program").
2.
QUALIFIED FPUS
In order to qualify for the Royalty Incentive Program, the following
requirements must be met.
A.
APPROVED CONCEPT SUBMISSION FORM.
PUBLISHER MUST
SEND MICROSOFT A COMPLETED CONCEPT SUBMISSION FORM (IN A FORMAT TO BE PROVIDED
BY MICROSOFT) FOR ANY SOFTWARE TITLES PUBLISHER INTENDS TO QUALIFY FOR THE
ROYALTY INCENTIVE PROGRAM NO LATER THAN ****.
IN ORDER FOR FPUS TO QUALIFY FOR
THE ROYALTY INCENTIVE PROGRAM, PUBLISHER'S CONCEPT FOR THE SOFTWARE TITLE MUST
BE RECEIVED ON TIME AND APPROVED BY MICROSOFT, SUCH APPROVAL NOT TO BE
UNREASONABLY WITHHELD.
B.
J-SIGNED.
ONLY FPUS THAT ARE "J-SIGNED" (AS
DEFINED IN THE XBOX 360 PUBLISHER GUIDE) TO TECHNICALLY RESTRICT THEIR OPERATION
TO XBOX CONSOLES MADE FOR THE JAPAN AND ASIAN SALES TERRITORIES WILL QUALIFY FOR
THE ROYALTY INCENTIVE PROGRAM.
C.
****
D.
****
E.
PUBLIC RELATIONS.
IN ORDER TO QUALIFY FOR THE ROYALTY INCENTIVE
PROGRAM, PUBLISHER MUST ALLOW MICROSOFT TO PUBLICLY DISCLOSE THAT THE SOFTWARE
TITLE WILL BE