Current Version: 1.0
Last Updated: 01 April 2020
Effective Date: 01 April 2020
The Linode Marketplace Program (the “Program”) allows third party publishers to share and exchange applications, software, data, services, and products (“Content”) with other members of the Linode community. The purpose of this Linode Marketplace Policy (“Policy”) is to inform you about qualifying for Program participation:
By offering or continuing to offer any Content through the Program, you accept and consent to the rights, obligations, and practices described in this Policy:
- Applicability. This Policy applies to you and your Representatives (collectively “Publisher”) with respect to (i) any Content made available by Publisher via the Program and (ii) sets forth the procedures, qualifications, and limitations for Publisher’s participation in the Program. This Policy is subject to the Provider Terms, including without limitation the Master Provider Agreement, and is a Supplemental Program Policy thereunder. All capitalized terms not expressly defined in this Policy shall have the meaning found in the Master Provider Agreement.
- Program Eligibility. Anyone interested in becoming a Publisher in the Program is required to: (i) legally conduct business in the United States of America; (ii) complete the Publisher registration process here; (iii) submit Content in accordance with the Linode Marketplace Publishing Guidelines here; and (iv) not revoke or rescind Publisher’s agreement to any provision of the MPA or this Policy.
- Program End Users.
- Sale and Use. Publisher shall be responsible for the sale and/or use of Submitted Content to End Users of Submitted Content (“Publisher End User”), including without limitation all components necessary to the operation or function of Submitted Content by Publisher End Users. PUBLISHER ACKNOWLEDGES AND AGREES THAT LINODE IS NOT PARTY TO ANY TRANSACTIONS BETWEEN PUBLISHER AND PUBLISHER END USERS, AND THAT IN THE EVENT OF A DISPUTE BETWEEN PUBLISHER AND A PUBLISHER END USER, PUBLISHER IRREVOCABLY RELEASES LINODE FROM ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, REGULATORY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO SUBMITTED CONTENT.
- Security and Data Processing. Publisher shall be solely responsible for ensuring that the security and data processing protections governing Submitted Content and Publisher End Users shall be, at minimum, as protective as the Linode customer terms of service here.
- End User Agreements. Publisher shall be responsible for ensuring the execution and compliance of all agreements necessary for End User use of Submitted Content (each an “EUA”) by Publisher End Users. In no event shall Linode be a party to any EUA, nor shall any EUA have any legally binding effect on Linode.
- Support. Publisher shall be solely responsible for supporting, maintaining, and managing Submitted Content and Publisher End Users.
- Publisher Obligations.
- All Intellectual Property Rights arising from or related to Content submitted (“Submitted Content”) by Publisher shall be exclusively and indivisibly owned by Publisher at the time of submission.
- Publisher shall be responsible for ensuring that Submitted Content, including without limitation listing information for Submitted Content, shall be accurate and truthful at all times.
- Publisher shall be responsible for posting, maintaining, managing, and administering all Submitted Content.
- Publisher shall implement and maintain security measures to prevent the unauthorized access, use, or disclosure of Publisher End User Data and Submitted Content. In the event of an unauthorized access, use, or disclosure of Publisher End User Data or Submitted Content (a “Security Incident”), Publisher shall promptly notify Linode and Publisher End Users of the Security Incident and shall take all notification and remediation action required by the Provider Terms and/or applicable law.
- Publisher shall grant Linode a non-exclusive, royalty-free, fully paid, universal right and license to display, disclose, reproduce, or otherwise use Publisher’s trademarks and logos (“Publisher Marks”) and Submitted Content for any purpose arising from or related to the Program.
- Linode Rights.
- Linode shall have sole and absolute discretion as to the inclusion, presentation, and promotion of Submitted Content in the Program.
- Linode shall have the right to, with or without notice, remove any Submitted Content from the Program, with or without reason.
- Linode may, but shall not be obligated, modify Submitted Content, upon Publisher’s approval.
- Benefits and Compensation. Publisher acknowledges and agrees that Publisher’s participation in the Program represents good a valid consideration for the subject matter herein and that Publishers shall not demand or be entitled to any other form of compensation.
- Collaboration. Publisher and Linode (each a “Promoter”) shall each be permitted to display, integrate, or otherwise incorporate the other Party’s image, likeness, name, logo, or other identifying information on Promoter’s website, subject to each Party’s written rescission of this privilege.
- Termination. Publisher’s participation in the Program may be terminated and made null, void, and have no effect by either Party at any time upon prior written notice.
- Remedies. This Policy provides Publisher’s sole and exclusive remedy for any dispute or loss arising from Publisher’s participation in the Program and all Projects therein.
- Amendment. This Policy is attached to amends the Provider Terms solely with respect to the subject matter herein. In the event of any conflict of terms between (i) this Policy and (ii) the MPA and/or any mutually executed SPP or Project Addenda, this Policy shall be deemed controlling and prevailing without exception.
- Changes. Modifications to this Policy may be made at any time and you should check back frequently for any changes. Linode shall have the right and ability to amend this Policy at Linode's sole and absolute discretion, and any amendments herein shall be effective within fourteen (14) days of being posted by Linode.