Minecraft Affiliate Marketing Program Terms and Conditions

PLEASE READ THIS AGREEMENT CAREFULLY. ALL PARTICIPANTS IN THE MINECRAFT AFFILIATE MARKETING PROGRAM MUST AGREE TO THE FOLLOWING TERMS WITHOUT MODIFICATION OR ADDITION.

 

Section 1. Program

Microsoft Corporation (“Microsoft,” “we,” “us,” or “our”) hosts an online marketplace currently available at https://www.minecraft.net/marketplace that helps users discover and access a wide variety of Minecraft offerings ("Minecraft Marketplace"). We work with third-party providers (our “Providers”) to administer the Program for our participating affiliates. Specifically, Commissions you earn will be paid through the Provider as discussed in Section 4. These Minecraft Affiliate Marketing Program Terms and Conditions (the "Terms"), along with any terms applicable to your use of our Providers’ platform(s) (“Provider Terms”), apply to your (“Affiliate” “you,” or “your”) participation in the Minecraft Affiliate Marketing Program (the "Program") and are effective as of the date we and our Provider accept you into the Program. In the event of any inconsistency between the terms and conditions of these Terms and Provider Terms, these Terms takes precedence. We may accept or reject any application in our sole discretion. If, in our sole discretion, we determine for any reason that your Affiliate Properties (defined below) is unsuitable for the Program, your application will be rejected. These Terms constitute a legally binding agreement. By clicking “Apply Now” or otherwise participating in the Program, you agree that you have read, understand, and agree to be bound by these Terms. We may change these Terms at any time and in our sole discretion, by updating these Terms and posting the changes. We may change, suspend or discontinue all or any aspects of the Program, the Minecraft Marketplace, or the Minecraft franchise at any time without prior notice. You are responsible for regularly reviewing the Terms. Your continued participation in the Program constitutes your acceptance of and agreement to such changes. If you do not agree with any of the changes, you must terminate your participation in the Program as set forth below.

 

Section 2. Offers

From time to time, we may make available via our Provider’s platform offers to pay you a specified Commission in return for certain advertising services leading to a Qualifying Link (defined below) (each, an “Offer”). We may, in our sole discretion, with or without notice at any time (a) suspend or discontinue any aspect of an Offer; (b) change any aspect of an Offer (in which case you will be bound by the modified Offer); or (c) remove or alter any Licensed Materials we submit for an Offer. You will promptly implement any request from us to remove or alter any Licensed Materials you are using in connection with an Offer. Changes to an Offer may include, for example, changes in the scope of available Commissions, fee schedules, payment procedures and Program rules.

 

Section 3. Your Participation and Responsibilities

(a) By participating in the Program, you agree that you will comply with all documentation, playbooks, guidelines, and policies related to the Program that we provide to you (“Documentation”) and these Terms.

 

(b) You may link any website(s), social media user-generated content, or online software applications that you own or operate (each, an “Affiliate Property” and collectively, “Affiliate Properties”) to areas of Minecraft Marketplace using special URLs specified in each Offer (the "Required URLs"). Required URLs permit accurate tracking, reporting, and accrual of Commissions. You may post an unlimited number of Qualifying Links to the Required URLs on the Affiliate Property, in accordance with the requirements specified in these Terms and in the Provider Terms. You may not make any representations, warranties or other statements concerning us or our affiliates, Minecraft Marketplace, any products or services on Minecraft Marketplace, Minecraft, Offer terms, or Minecraft Marketplace site policies or terms of use and sale, except as expressly authorized by these Terms. You must promptly notify us or our Provider of any malfunctioning of the Required URLs, Qualifying Links, or other problems with your participation in the Program, via the support email addresses provided in the Documentation. We reserve the right to approve each and every Affiliate Property. 

 

(c) You are solely responsible for, and we have no liability for, the development, operation, and maintenance of the Affiliate Properties, including all related equipment, and all content on the Affiliate Properties. You agree that the Affiliate Properties will not, in any way, copy or resemble the look and feel of Minecraft Marketplace, nor will you create the impression that the Affiliate Properties are Microsoft properties or are a part of Microsoft properties, nor frame any page on Minecraft Marketplace being viewed by a user of the Affiliate Properties who links to Minecraft Marketplace through a Required URL. You agree that the Affiliate Properties will not contain any content or materials from Minecraft Marketplace or that are proprietary to us (“Licensed Materials”), including without limitation any product content or images or any Microsoft trademark or logo, except with our prior written permission, or only to the extent that Licensed Materials are licensed to you in accordance with these Terms. You will not purchase or otherwise contract with any third party to exploit any of the Microsoft trademarks, or service marks for the purpose of causing the Affiliate Properties to appear as a search result in any search engine or for any other reason. You agree that the Affiliate Properties will not use any form of mass email, text, or phone communication ("spam") as a marketing tool for any purpose related to the Program and that any other mass email, text, or phone communication generated by you or the Affiliate Properties will conform in all respects with all applicable local, state and federal laws, regulations, rules, ordinances, codes of practice, industry standards, and self-regulatory rules (“Laws”) including the CAN-SPAM Act of 2003 (“CAN-SPAM Act”). You will disclose on the Affiliate Properties, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including Microsoft and other advertisers) may serve content and advertisements, collect information directly from visitors, and place or recognize cookies on visitors' browsers. You may not use any software to initiate tracking in connection with the Program; this includes, but is not limited to, toolbars, add-ons, and plug-ins. You may not redirect links to hide or manipulate their original source. You may not install spyware or cause spyware to be installed on a person's computing device, or use a context-based triggering mechanism to display an advertisement that partially or wholly covers or obscures paid advertising or other content on a website or other property in a way that interferes with a person's ability to view that property. You may not use software to overtake a referral through a paid search engine advertisement, regardless of whether or not the advertisement was related to another publisher in connection with the Program. You may not scrape data from or spider Minecraft Marketplace or any other Microsoft properties without our prior written approval. You are solely responsible for compliance with the Microsoft brand guidelines available to you in the Program Documentation in carrying out all activities in connection with the Program. Microsoft disclaims all liability for your responsibilities as set forth in this section. You will provide us with any information that we request to verify your compliance with these Terms.

 

(d) You will not, and will not permit visitors to any Affiliate Property to, post on any Affiliate Property any information that may be used to take advantage of errors or anomalies on Minecraft Marketplace (e.g., pricing errors, shopping cart errors, discount calculations, workarounds to the requirements of any Offer, deals, coupons or promotions) to our disadvantage. If any such information is posted to an Affiliate Property, you will remove it (or if necessary, cause a third party to remove it) promptly upon becoming aware of such information and take steps to discourage your visitors from posting such information. In addition, you will inform us promptly via the support email addresses provided in the Documentation upon discovering any errors or anomalies on Minecraft Marketplace. Failure to abide by these terms may lead to a loss of Commissions or suspension or termination from the Program. 

 

(e) You will not bid on any keyword in any Pay-per-Click Search Engine (PPCSE) that is a Microsoft trademark or service mark, or a derivation of a trademark or service mark, or any other word or term that is likely to cause confusion regarding its affiliation with Microsoft. Some examples of these keywords include, but are not limited to: Microsoft, microsoft.com, www.microsoft.com, Mojang, Minecraft, Minecraft Marketplace. You will not use of any software or technology which attempts to intercept or re-direct traffic or Commissions to or from, any other website without our written consent.

 

(f) You agree that you and the Affiliate Properties will comply with all Laws, including those related to disclosures (for example U.S. FTC Guides Concerning the Use of Endorsement and Testimonials in Advertising). You agree to properly disclose your relationship with Minecraft, for example by including #MinecraftPartner, #ad, or #sponsored in all of your social posts and any other communications made as part of this Program. You warrant and represent that the opinions expressed by you in your posts about Minecraft, Minecraft Marketplace, and the related products and services will reflect your actual, honest experiences, opinions and beliefs. Microsoft reserves the right to  monitor your communications made as part of this Program to verify your compliance with your disclosure and other obligations. You agree that Microsoft may provide input to you regarding missing disclosures or any other failures to comply with the Program requirements, and you will work with Microsoft to correct such issues promptly.  Microsoft reserves the right to issue warnings and/or terminate any affiliate from this program for failure to properly disclose their connection with Minecraft/Microsoft.

 

(g) You will ensure that Affiliate Properties do not contain any Restricted Content. “Restricted Content” means, by way of example and not limitation, content, or links to content, that is in any way unlawful, harmful, threatening, harassing, defamatory, obscene, violent. Restricted Content includes:

  1.  Alcohol, marijuana, and tobacco; 
  2. Adult, adult entertainment and sexually oriented products (including without limitation pornographic material, intimate apparel, contraceptives, feminine care, and other adult products); 
  3. Mature content and entertainment (for example M-rated video game brands, R-rated movie franchises); 
  4. Gambling and real-money gaming (such as online casinos and betting platforms); 
  5. Weapons and firearms; 
  6. Fossil fuels and high-impact extractive industries; 
  7. Companies whose primary business is oil, gas, mining, etc. (this exclusion does not apply to retailers (e.g., convenience stores) that sell fuel as part of a broader retail offering); 
  8. Products categorized as pharmaceuticals and medicine; 
  9. Any content that promotes or depicts violence (e.g., murder, selling weapons, cruelty, abuse, etc.); 
  10. Any content that promotes pornographic or sexually explicit materials; 
  11. Any content that is inaccurate, fraudulent, misleading, slanderous or libelous; 
  12. Any content that promotes discrimination based on gender, race, religion, nationality, disability, sexual orientation or age, or is disparaging or degrading to any of the foregoing; 
  13. Any content that promotes or offers peer to peer file sharing methodologies or illegal downloads that may allow consumers to infringe the intellectual property rights of others; 
  14. Any content that promotes illegal activity, including, but not limited to, sedition, illegal gambling or illegal contests, pyramid schemes, chain letters, or hacking; 
  15. Any content that promotes or depicts items that may not legally be sold; 
  16. Any content that violates copyrights, trademarks, or any other intellectual property rights of Microsoft or its parents, subsidiaries, affiliates, or any other person or entity; 
  17. Any content that displays or contains spyware, malware, viruses, Trojan horses, worms, time bombs, cancel bots or other similar harmful or deleterious programming routines;  
  18. Any content that includes "Microsoft" or “Minecraft” or any variations or misspellings thereof in the domain name or other HTML tags, including page titles, metatags, or HTML comment tags;  
  19. Any content identified at https://help.ads.microsoft.com/#apex/ads/en/60216/0;  
  20. Any content that endorses or disparages any individual political party or specific political agenda (e.g., fake news);  
  21. Any content that portrays Microsoft in a negative light or showcases any Microsoft product incorrectly; or 
  22. Any content that promotes any activity you conduct which, due to being subject to special laws and/or regulations that ordinarily do not apply to commercial establishments generally, causes or could reasonably be likely to cause Microsoft to be subject to such laws and/or regulations, including selling or providing insurance, securities, mortgages, loans or other extensions of credit, banking services (including the maintenance of deposit accounts), investment advice or investment advisory services, prescription drugs or firearms, conducting games of chance, or acting as a broker, agent or finder for any person engaged in any of these businesses.  ervices, prescription drugs or firearms, conducting games of chance, or acting as a broker, agent or finder for any person engaged in any of these businesses. 

 

(h) Content generated by artificial intelligence must be truthful, accurate, and not misleading. Content on Affiliate Properties must not misappropriate or infringe any third-party intellectual property or other rights. All claims, images, and descriptions must match the actual product, including size, color, quantity, materials/ingredients, features, benefits, and limitations. You are responsible for reviewing AI-generated content before posting or sharing it as part of the Program.  AI content that misrepresents a product, makes unsubstantiated claims, fabricates reviews or endorsements, or otherwise violates these Terms or the Documentation is prohibited. Violations may result in your removal from the Program.

 

Section 4. Commissions

(a) We will pay to the Provider, who will then pay you the commission specified in the applicable Offer ("Commission") on each Locked Action. The Commission will be paid in accordance with the “Contract Terms for Minecraft” displayed on the Program website by the Provider. We are not responsible for the payment of any commission on any purchase that occurred as a result of any violation of these Terms, or that does not occur through a Qualifying Link, all as we determine in our sole discretion. We do not make any guarantee, prediction, or representation regarding your ability to earn Commissions. An “Action” means a purchase by a Customer of a product from Minecraft Marketplace, via a Qualifying Link, that has not been cancelled, credited, or refunded within 30 days of the date of purchase. A “Locked Action” means an Action that is confirmed to be valid by Microsoft in its sole discretion on the applicable locking date. A “Customer” is a person or an entity (other than you or your agent) that is not a robot, automated programming, or similar technology that enables clicks through certain links. A "Qualifying Link" is a link from an Affiliate Property to the Minecraft Marketplace using one of the Required URLs or any other URL we provide for use in the Program if it is the last link to Minecraft Marketplace that the Customer uses during a Session where a sale of a product or a service to Customer occurs. A "Session" is the period of time beginning from a Customer's initial contact with Minecraft Marketplace via a link from an Affiliate Property and terminating when the Customer either returns to Minecraft Marketplace via a link from a site other than an Affiliate Property or the Offer expires or is terminated. We will be solely responsible for all determinations of Qualifying Links and whether a Commission is payable.

 

(b) The parties are not liable for any of the taxes of the other party that the other party is legally obligated to pay and which are incurred or arise in connection with or related to the transactions under the Program, and all such taxes (including but not limited to net income or gross receipts taxes, and/or taxes arising from sales between a party and its customers) shall be the financial responsibility of the party who is obligated by operation of law to pay such tax. Microsoft shall pay you any sales, use or value added taxes that are owed by Microsoft solely as a result of entering into this Program and which are required to be collected from Microsoft. Microsoft may provide to you a valid exemption certificate in which case you shall not collect the taxes covered by such certificate.  Each party agrees to indemnify, defend and hold the other party harmless from any taxes (including sales or use taxes paid by one party to other) or Claims, causes of action, costs (including, without limitation, reasonable attorneys’ fees) and any other liabilities of any nature whatsoever related to a party’s taxes.
 

(c) If taxes are required to be withheld on any amounts otherwise to be paid by Microsoft to you, Microsoft will deduct such taxes from the amount otherwise owed and pay them to the appropriate taxing authority.  Microsoft shall secure and deliver to you an official receipt for any taxes withheld.  Microsoft shall use reasonable efforts to minimize such taxes to the extent permissible under applicable Law.

 

Section 5. Customers

Customers who purchase products from Minecraft Marketplace through this Program are our customers with respect to all activities they undertake in connection with Minecraft Marketplace. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and Minecraft sales set forth on the Minecraft Site will apply to those customers, and we may change them at any time.

 

Section 6. Ownership and licenses

(a) SUBJECT TO YOUR COMPLIANCE WITH THESE TERMS, WE GRANT YOU A NONEXCLUSIVE, NONTRANSFERABLE, REVOCABLE RIGHT DURING THE TERM OF YOUR PARTICIATION IN THE PROGRAM (i) TO ACCESS MINECRAFT MARKETPLACE THROUGH THE REQUIRED URLS, AND (ii) TO USE ANY LICENSED MATERIALS FOR THE SOLE PURPOSE OF LINKING THE AFFILIATE PROPERTIES TO MINECRAFT MARKETPLACE. YOU MAY NOT ALTER THE LICENSED MATERIALS IN ANY WAY. WE RESERVE ALL OF OUR RIGHTS IN THE LICENSED MATERIALS.

 

(b) You acknowledge our ownership in the Licensed Materials, agree that you will not do anything inconsistent with our ownership and agree that all of your use of the Licensed Materials will inure to our benefit. Nothing in these Terms gives you any right, title or interest in the Licensed Materials other than in accordance with the Program and these Terms. You agree that the nature and quality of an Affiliate Property and all related advertising and promotions will conform to high standards of quality and will not impugn the goodwill of Microsoft, the Minecraft game, or the Licensed Materials. You will not use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light. You will use the Licensed Materials only in the form and manner and with appropriate legends as we provide from time to time, and will not use any other trademark or service mark in combination with the trademark or service mark or name of Microsoft, including any Microsoft parents, subsidiaries, affiliates, or brands. We may revoke your license at any time in our sole discretion and/or terminate your participation in the Program upon notice to you at the email you provide in your Program application. If we give you such notice, you must immediately discontinue all use of the Licensed Materials. You will ensure you are using the most current and up to date version of Licensed Materials at all times. Except as used on the Affiliate Properties, you will not otherwise save or store copies of Licensed Materials. You grant to us a nonexclusive license, for our use during your participation in the Program, to utilize your names, titles, and logos to advertise, market, promote, and publicize the Program or your participation in the Program. We have no obligation to advertise, market, promote, or publicize you or your participation in the Program.

 

(c) You may terminate your participation in the Program at any time, for any reason, upon notice via the support email addresses provided in the Documentation. We may terminate your participation in the Program at any time, for any reason, by giving you written notice of termination (which may be via email). If you terminate or are terminated from any of our Providers’ Terms, your participation in the Program will also be terminated. Termination of your participation in the Program will also terminate your participation in any outstanding Offers. Upon termination you will immediately cease use of, and remove from all Affiliate Properties all Qualifying Links, all Licensed Materials, and all other materials provided by us or made accessible to you pursuant to these Terms or in connection with the Program. You or we may terminate your participation in any Offer at any time. Termination of an Offer or your participation in an Offer does not terminate these Terms or your participation in any other Offer. The following sections of these Terms will survive termination of your participation in the Program:  Ownership and Licenses; Representations and warranties; Disclaimer; Indemnification; Limitation of liability; Confidentiality, Modification, Miscellaneous, and any other provisions which by their terms are intended to survive termination.

 

Section 7. Representations and warranties

You represent and warrant that: (a) all information provided in your Program application and all accompanying information is accurate and complete; (b) you have the full right and capacity to enter into these Terms, and to perform according to these Terms, and (if you are an individual) that you are at least 18 years of age; (c) your participation in the Program will not violate any agreement or obligation between you and any third party; (d) at all times, you will operate the Affiliate Properties and all contents thereof in compliance with all applicable Laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority having jurisdiction, including but not limited to the CAN-SPAM Act and those relating to privacy and data protection; (e) the Affiliate Properties and all contents thereof will at all times (i) not violate or infringe the rights of any third party (including any intellectual property, proprietary, privacy, or publicity rights), and (ii) not contain any Restricted Content as specified in these Terms.

 

Section 8. Disclaimer

THE LICENSED MATERIALS ARE PROVIDED “AS-IS”. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES WHATSOEVER IN CONNECTION WITH THESE TERMS OR YOUR PARTICIPATION IN THE PROGRAM OR IN ANY OFFER, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF MINECRAFT MARKETPLACE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

 

Section 9. No automated tools; Compliance with Terms

You will not take any action, and will not authorize or encourage any third party to directly or indirectly take any action, that may result in your participation in an Offer through any automated, deceptive, fraudulent or other invalid means including, but not limited to, through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software. Any methods that artificially generate actions that may result in participation in an Offer are prohibited.

 

Section 10. Idemnification

You will defend (at our election), indemnify and hold us, our subsidiaries, affiliates, (and all of the successors, agents, officers, directors, agents, or employees of the foregoing) and all of the suppliers of the foregoing harmless from all Claims arising out of or relating to: (i) your participation in the Program and any Offer; (ii) any violation of these Terms; (iii) the development, operation, maintenance, and contents of any Affiliate Property; (iv) your acts or omissions in relation to these Terms or the Program; and (v) your improper or unauthorized use of the Licensed Materials. Your indemnification obligations will not apply to the extent such claim arises from the Qualified Links or the Licensed Materials (in each case in their unmodified forms as provided by Microsoft). You will pay the amount of any adverse final judgment, award, or settlement, and all attorneys' fees and costs. You may not settle any Claim without our consent, which we may provide in our sole discretion. At our sole option and cost, we may participate in the selection of counsel, defense and settlement of any Claim covered by this Section. “Claim” means any demand, suit, or other action made or brought by an unaffiliated third party, including costs, losses, damages and expenses (including reasonable attorneys’ fees) related to such third-party claim.

 

Section 11. Limitation of liability; Exclusive remedy

IN NO EVENT WILL MICROSOFT, ITS SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY DAMAGES GREATER THAN THE AMOUNT PAID IN COMMISSIONS HEREUNDER OVER THE 12 MONTHS PRIOR TO WHEN THE CLAIM FOR DAMAGES AROSE. IN ADDITION, IN NO EVENT WILL MICROSOFT, ITS SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OR YOUR PARTICIPATION IN THE PROGRAM OR ANY OFFER, EVEN IF MICROSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY PROVIDED BELOW AND SURVIVES IN THE EVENT SUCH EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) NEGLIGENCE, OR (iv) ANY OTHER CAUSE OF ACTION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE PROGRAM, THE LICENSED MATERIALS, THE QUALIFIED LINKS, OR YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST MICROSOFT, ITS SUBSIDIARIES AND AFFILIATES WITH RESPECT TO THESE TERMS, OR THE PROGRAM OR ANY OFFER, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR PARTICIPATION IN THE PROGRAM. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS PURCHASED FROM MINECRAFT MARKETPLACE, OR FOR MICROSOFT’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

 

Section 12. Confidentiality

“Confidential Information” means non-public information, know-how, and trade secrets in any form, that: (i) are designated as being confidential; or (ii) a reasonable person knows or reasonably should understand to be confidential.  The following types of information, however marked, are not Confidential Information. Information that: (a) is, or becomes, publicly available without a breach of these Terms; (b) was lawfully known to the receiver of the information without an obligation to keep it confidential; (c) is received from another source who can disclose it lawfully and without an obligation to keep it confidential; (d) is independently developed; or (e) is a comment or suggestion one party volunteers about the other’s business, products or services. If the parties have an existing nondisclosure agreement, then that agreement applies to information exchanges. If not, then the following applies: 

(a) Neither party will disclose the other’s Confidential Information to third parties. Each party will use such information only for purposes of this business relationship. Each party agrees to take reasonable steps to protect the other’s Confidential Information.

(b) Each party may disclose the other’s Confidential Information to affiliates, employees, and contractors. If disclosed, the disclosing party remains responsible for any unauthorized use or disclosure. These disclosures may be made only on a need-to-know basis, subject to the obligations of this section.

 

Section 13. Modification

We may modify these Terms, at any time and in our sole discretion, by posting a change notice or a new agreement at minecraft.net/affiliates-guidelines. We will also make commercially reasonable efforts to notify you of such changes prior to or upon implementation; provided, however, that Microsoft is not responsible for your failure to receive notice of changes, and you agree to review these Terms periodically to ensure that you are familiar with the most recent version. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR MODIFIED TERMS ON OUR SITE AND/OR SENDING YOU THE CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

 

Section 14. Miscellaneous

These Terms will be construed and enforced in accordance with the laws of the state of Washington. Any action to enforce these Terms will be brought in the federal court located in Western District of Washington or in the state court located in King County, Washington. Each party will own, and have sole control of, all information collected by it from the visitors of its websites. You and we are independent contractors with respect to each other, and nothing in these Terms will be construed to create an employer-employee relationship, a partnership, an agency relationship or a joint venture between the parties. We may use the services of third parties to perform any or all of our obligations under these Terms or to operate all or any part of the Program. You may not assign your participation in the Program or your obligation to comply with these Terms, or assign, transfer or sublicense any of your rights hereunder. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect. These Terms constitute the entire agreement between you and us with respect to the Program and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Program. The section titles in these Terms are solely for convenience and have no legal or contractual significance. Your participation in the Program is subject to our acceptance and to your continued compliance with these Terms. In any action to enforce any right or remedy under these Terms or to interpret any provision of these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and other expenses.