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AppaMarket Terms of Use:

Publishing Agreement

THIS AGREEMENT is dated from the completion of registration on the website.
1   PARTIES
1.1 The application publisher as named in your account profile (the Principal)
1.2 APPA Mundi Limited (company number 6518324) of Birmingham, United Kingdom (the Agent)                        
2   RECITALS
2.1 The Principal has developed computer software which it wishes to distribute world wide
2.2 The Agent has the resources and advertising space within Microsoft's Windows Phone Marketplace to advertise the Principal’s software
2.3. The parties have agreed that the Agent will make available space within its Microsoft Windows Phone Marketplace account for the Principal to advertise its software products for distribution
3   THE TERM
3.1    This agreement shall commence immediately
3.2. This agreement will be determined forthwith on the insolvency of either party
3.3 This agreement will be determined on the service of notice in accordance with clause 3.4 by either party on the other if:
   3.3.1 either party fails to comply with the terms of this agreement (including payment for services)
   3.3.2 if the Principal engages in conduct prejudicial to the business or reputation of the Agent
   3.3.3 if the Principal’s software or customer service fail to meet the Agent’s required standards
   3.3.4 if there is any material change in the control or ethos of the Principal which the Agent deems to be prejudicial to its business or reputation
3.4 Any notices required to be served on either of the parties by the other shall be sent by electronic mail and shall be deemed to have been received by the addressee within 24 hours of the time of sending to the e mail address referred to in clause 1 of this agreement or such other address as shall be been notified by one party to the other for the purpose     

4.   CONSIDERATION
4.1  The Principal shall pay to the agent a percentage of the retail value of the products sold by the principal via the agency of the Agent’s advertising space, on a sliding scale as listed in 4.2, exclusive of any Value added or similar tax.
4.2 The Agent shall receive 15% from net revenue of paid applications.
4.3 The Agent will pay the Principal’s share of the sales price quarterly in arrears unless the Principal’s share of sales exceeds £1000 per month.
4.4 For every bank payment made outside of the United Kingdom the Agent shall pass on any bank charges to the Principal. At the time of writing this agreement this is £17.50 per transaction. The Agent is not responsible for any bank charges arising from the Principal’s bank.
4.5 For a free application the Principal will pay the Agent an annual listing fee as listed on the http://appamarket.com website.
5.  AGENT’S OBLIGATIONS
5.1 To make available information on their advertising relating to the Principal’s software
5.2 Promptly to process any payments made by customers and received by the Agent and to forward the payment net of any commission due under clause 4 of this agreement
6.  PRINCIPAL’S OBLIGATIONS
6.1 To provide to customers all or any after sales service required in connection with the software supplied  
6.2 To answer forthwith any enquiries made by the Agent in connection with the supply of, or after sales service in relation to, the software supplied by the Principal to the customer which resulted from the advertising services provided by the Agent
6.3  To indemnify the Agent against any loss suffered by it or any liability howsoever incurred  resulting from the any negligent selling by the Principal, defects of any sort in the software or products sold, fitness for purpose or otherwise
7.  PROPER LAW AND JURISDICTION 
7.1 This agreement shall be governed by the law of England and Wales in every particular including formation and interpretation and shall be deemed to have been made in England
7.2 Any proceedings arising out of or in connection with this agreement shall be brought in any court of competent jurisdiction in Birmingham, West Midlands
7.3 Any notice of proceedings or other notices in connection with or which would give effect to any such proceedings may without prejudice to any other method of service be served on any party in accordance with clause 3.4

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