Microsoft Azure Marketplace Participation Policies

Last updated February 2016

These Microsoft Azure Marketplace Participation Policies apply to all publishers and offerings in the Microsoft Azure Marketplace.  These policies are in addition to the terms and conditions set forth in the Microsoft Azure Marketplace Publisher Agreement.  Publishers must comply at all times with the policies described and/or referenced in this document in order to participate in the Azure Marketplace.  If a publisher fails to meet all terms and conditions at any given time, Microsoft may remove the publisher’s offering from the Azure Marketplace.  We may update this document from time to time.

SECTION 1 Base Criteria.
  1. Software and services offered in the Azure Marketplace must meet at least one of the following criteria:
    • Run on Microsoft Azure: The primary function of the software or service must run on Microsoft Azure.
    • Deployable to Microsoft Azure: Publishers must describe in their offering listing information how the software or service is deployed on Microsoft Azure.
    • Integrate with or extend a Microsoft Azure service: Publishers must indicate in their offering listing information which Azure service the software or service integrates with or extends and how the software or service integrates or extends the Azure service.
  2. For each offering, publishers must make the offering available in at least one sell-to country supported by the Azure Marketplace. The Azure Marketplace currently supports the following sell-to countries:
    • Asia-Pacific
      • Afghanistan, Australia, Bangladesh, Fiji Islands, Georgia, Hong Kong SAR, India, Indonesia, Japan, Kazakhstan, Korea (South), Malaysia, Mongolia, Nepal, Pakistan, Philippines, Singapore, Sri Lanka, Taiwan, Tajikistan, Thailand, Tonga, Turkmenistan, Uzbekistan, Vietnam
    • Central & South America
      • Argentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay, Peru, Uruguay, Venezuela
    • North America & Caribbean
      • Antigua and Barbuda, Canada, Dominica, Dominican Republic, Haiti, Jamaica, Mexico, St. Vincent and the Grenadines, Togo, Trinidad and Tobago, United States
    • Europe
      • Albania, Austria, Belarus, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Macedonia, Malta, Monaco, Montenegro, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, The Netherlands, Turkey, Ukraine, United Kingdom
    • Middle East & Africa
      • Algeria, Angola, Armenia, Azerbaijan, Bahrain, Benin, Botswana, Burkina Faso, Burundi, Cambodia, Cameroon, Central African Republic, Chad, Comoros, Congo (DRC), Congo (Republic of), Cote D'Ivoire, Egypt, Eritrea, Ethiopia, Ghana, Guinea, Iraq, Israel, Jordan, Kenya, Kuwait, Laos, Lebanon, Liberia, Madagascar, Malawi, Mali, Mauritius, Morocco, Mozambique, Niger, Nigeria, Oman, Qatar, Rwanda, Saudi Arabia, Senegal, Sierra Leone, Somalia, South Africa, Tanzania, Timor-Leste, Tunisia, Uganda, United Arab Emirates, Zambia, Zimbabwe
  3. Publishers must remain in good financial standing.
  4. Publisher offerings in the Azure Marketplace must be of limited or general availability and must have an established customer base.
  5. Offerings in the Azure Marketplace cannot use or be dependent on any product or component that is not supported or that is no longer commercially available.
  6. Publishers must make detailed technical documentation available that describes how to use their offerings on Microsoft Azure and must provide or link to such documentation in their listing information for each offering.
  7. Publishers must announce the availability of their offering in the Azure Marketplace on their public website and must include hyperlinks to their offer listing page(s) on http://azure.microsoft.com/marketplace/.
  8. Publishers must classify each offering based on one or more classification taxonomies provided by Microsoft, including the categories described in Section 4 of this document. Microsoft reserves the right to reclassify any offering if it considers a publisher-selected classification to be inaccurate.
  9. If a publisher’s offering is Microsoft Azure Certified and does not run primarily on Microsoft Azure, the publisher must make a paid version of the offering available within the Marketplace within 90 days of publishing a free or BYOL version of the offering in the Azure Marketplace.
SECTION 2 Publishing Offers.
  1. Publishers must publish at least one offering in the Azure Marketplace within 60 days of executing the Microsoft Azure Marketplace Publisher Agreement.
  2. Publishers must adhere to Azure Marketplace technical requirements for onboarding as defined in the Marketplace Publication Guidelines and as may be further identified in the Publishing Portal.
SECTION 3 Offer Listings.
  1. Publishers must include detailed offer information in their offer listing pages, which must be accurate and kept up to date. Such information must include, as applicable:
    • Offering description
      • Minimum offer description
        • SKU information
        • Value proposition
      • Recommended offer description
        • Detailed SKU information
        • Detailed value proposition
        • Features: 3-5 factual statements about the offering
        • Benefits: 3-5 results produced by offering features
    • Pricing model
      • The offering must be compatible with pricing models supported by the Azure Marketplace, as described in Section 5 of this document.
    • Link to customer support details
      • Publishers must provide commercially reasonable customer support for offerings in the Azure Marketplace, either included within user fees associated with the offering, or as a support offering that is purchased separately.
    • Offer resources
      • Resources include, but are not limited to, demo videos, screenshots, whitepapers, case studies, testimonials, and detailed technical documentation on how to use the publisher’s offering on Microsoft Azure.
    • Customer refund policy
    • Terms of Use
    • Privacy Policy
  2. Publishers may not redirect or upsell Azure customers within their offer listing page to software or services other than those available in the Azure Marketplace. This restriction does not apply to support services that publishers sell outside of the Azure Marketplace.
  3. Publishers may not promote within the Azure Marketplace the availability of their offerings on other cloud platforms.
  4. Microsoft reserves the right to edit and revise offer listing page details for quality assurance. Microsoft will inform publishers prior to publication of their offering listing pages in the Azure Marketplace if Microsoft makes any changes to any listing page details.
SECTION 4 Offering Classification Definitions.

Virtual Machine Image

Pre-configured virtual machine (VM) image with a fully installed operating system and one or more applications. Virtual Machine Image offerings may include a single VM image or multiple VM images tied together by an ARM Template.

A virtual machine image (“Image”) provides the information necessary to create and deploy virtual machines in the Azure Virtual Machines service. An Image comprises an operating system virtual hard drive and zero or more data disk virtual hard drives. Customers can deploy any number of virtual machines from a single Image.

Virtual Machine Extension

VM agents that can be added to new VMs using a variety of options, including via REST API, the Azure Portal, or Azure PowerShell cmdlets. VM Extensions can also be manually installed on existing VMs, and can be configured for either Windows Server or Linux-based VMs.

A virtual machine extension (“VM Extension”) is mechanism for installing a software application, or suite of software applications, within Azure virtual machines. A VM Extension may include software applications or, once installed within or executed by a virtual machine, may operate to download and install one or more software applications within the virtual machine from an external location. For clarity, any software or other data installed by your VM Extension, even if retrieved from an external location, is considered Offering Contents for purposes of this Agreement. You will be responsible, and must provide support to Customers, for any VM Extension handlers associated with your VM Extension Offerings.

Services

Fully managed services for information workers, business analysts, developers, or IT pros to use in custom application development or system management.  The Marketplace supports three types of services:

 

Application Services and Data Services provide functionality to enable customers to quickly develop cloud scale applications on Azure. 

  • Customers must have an Azure subscription to purchase Application Services. Publishers are responsible for metering customers’ usage of Application Services and for reporting usage information to Microsoft, as detailed in the Microsoft Azure Marketplace Publisher Agreement. 
  • Customers may purchase Data Services either though an Azure subscription or without an Azure subscription through the Datamarket (available at http://datamarket.azure.com/home/). Microsoft will meter customers’ usage of Data Services for billing purposes.

 

SaaS Offerings are finished software-as-a-service offerings that generally cannot be extended.  Customers may not purchase SaaS Offerings through their Azure subscriptions but must purchase through the Datamarket using a credit card.

Web Application

Application package that can be used to install and deploy open source or proprietary website content or management platforms in the Azure Websites Service. Web Applications must comply with the Microsoft Web Application Gallery Principles.

As used in this Agreement, a “Web Application” is an application package that can be used by Customers to install and deploy open source or proprietary website applications in the Azure Websites Service.

Catalog Listing

Offerings that are not available to Azure customers directly through the Marketplace, but for which the Marketplace displays a link, icon, and software/service product listing directing customers to the publisher’s web site or provides instructions on how customers obtain and use the offering on Azure. A “Catalog-Only Listing” is an Offering that is not available to Customers directly through the Marketplace but for which the Marketplace displays a link, icon, and/or description directing Customers to your website or providing instructions on how Customers may obtain and use the Offering in Azure. For clarity, any software or data referenced by a Catalog-Only Listing is considered Offering Contents for purposes of this Agreement.

ARM Template

Azure Resource Manager (ARM) template that can reference multiple, distinct offerings, including offerings published by other publishers, to enable Azure customers to deploy one or more offerings in a single, coordinated fashion.

An “Azure Resource Manager (ARM) Template” is a data structure that references one or more Offerings and includes metadata about the Offering(s), including associated Listing Information. ARM Templates are used by the Marketplace Service to display and enable Customers to deploy certain categories of Offerings. Publishers may publish ARM Templates in the Marketplace that reference multiple, distinct Offerings, including Offerings published by other publishers.

If you wish to make an application or service available in the Azure Marketplace that does not fall within any of the above categories, please provide feedback on the Azure Marketplace Forum.

SECTION 5 Pricing Models.

The following table describes the pricing models that are currently supported by the Azure Marketplace. An offering may include different SKUs that utilize different pricing models.

Pricing Model Description Applicable to

Free

Free SKU. Customers are not charged Azure Marketplace fees for use of the offering. Prices for free SKUs may not be increased to non-zero amounts.

  • Virtual Machine Images
  • VM Extensions
  • Services
  • ARM Templates

Free Trial

(Try it now)

Promotionally free SKU for a limited period of time. Customers will not be charged Azure Marketplace fees for use of the offering through a trial period.  Upon expiration of the trial period, customers will automatically be charged based on standard rates for use of the offering. The Marketplace is currently not able to prevent customers from creating multiple subscriptions to Free Trial offerings. Publishers who wish to restrict the number of subscriptions customers may create for Free Trial offerings are responsible for including appropriate restrictions in their Terms of Use.

  • Virtual Machine Images
  • Services

BYOL

Bring-Your-Own-License (BYOL) SKU.  Customers obtain outside of the Azure Marketplace the right to access or use the offering and are not charged Azure Marketplace fees for use of the offering in the Azure Marketplace.

  • Virtual Machine Images

Monthly Subscription

Customers are charged a fixed monthly fee for a subscription to the offering. Monthly subscriptions begin on the date of customer purchase, and monthly fees are not prorated for mid-month customer cancellations or in the case of unused services.

  • Services

Usage-Based

Customers are charged based on the extent of their use of the offering. For Virtual Machine Images, customers are charged an hourly Azure Marketplace fee, as set by publishers, for use of virtual machines deployed from the images. The hourly fee may be uniform or varied across virtual machine sizes. Partial hours are charged by the minute.

For Data Services, Microsoft will meter customer usage on behalf of publishers. Publishers specify the maximum number of transactions to allow for a data plan. Microsoft will determine when a customer has transacted the maximum number of transactions during a billing cycle and block the customer’s access to the service until the next billing cycle. 

For Application Services, publishers are responsible for defining the unit of measurement for billing purposes (e.g., number of transactions, number of emails sent, etc.). Publishers can define multiple meters for the same Application Service plan. Publishers are responsible for tracking individual customers’ usage for each meter defined by the offering and reporting such information to Microsoft on an hourly basis using reporting mechanisms provided by Microsoft.  Microsoft will charge customers based on the usage information reported by publishers for the applicable billing period.

  • Services
  • Virtual Machine Images

Currently, the Marketplace is not able to support the ability of publishers to alter their user fees for offerings that have already been published. Until such functionality is available in the Marketplace, publishers who wish to change the user fees associated with an offering should remove the offering from the Marketplace, subject to the requirements of the Microsoft Azure Marketplace Publisher Agreement and this document, and publish a new offering that includes the new user fees.

SECTION 6 Offering Suspension and Removal.
  1. Microsoft reserves the right to suspend or remove an offering from the Azure Marketplace for any reason. Reasons Microsoft may remove an offering include, but are not limited to:
    • The offering has not been provisioned by any customers for six or more months;
    • The offering has a high cancelation rate for paid SKUs;
    • The offering consistently receives negative customer feedback;
    • The offering consistently receives a large number of support tickets; or
    • The publisher has failed to comply with terms and conditions in the Microsoft Azure Marketplace Publisher Agreement, the Marketplace Publication Guidelines, or this document.
  2. Publishers can remove an offering after 30 days’ notice. Following removal of a Service offering, publishers must continue to provide the service to each existing customer for 90 days or until expiration of the term of that customer’s subscription to the Service offering, whichever is longer. Following removal of any other type of offering, removal of the offering will apply to prospective customers only, and existing customers will be able to continue to use the offering to the same extent as prior to the removal. Removal notices must be sent to the following email alias: azmarketplacelegal@microsoft.com. Following 30 days after receipt of a removal notice, Microsoft will remove the offering so that it is no longer available to new subscribers and will notify existing customers of the offering.
SECTION 7 Payment Terms.

Publishers will be paid applicable Publisher Net Revenues, as defined in the Microsoft Azure Marketplace Publisher Agreement, within 45 days after each calendar quarter or partial quarter according to the following schedule:

Quarter Quarter Dates Publisher Payment by

Q1

January 1 – March 31

May 15

Q2

April 1 – June 30

August 15

Q3

July 1 – September 30

November 15

Q4

October 1 – December 31

February 15

As a limited exception, with respect to usage of Virtual Machine Image offerings by customers in Azure Direct subscriptions, Microsoft will pay Publisher Net Revenues within 45 days after each calendar month.

SECTION 8 Microsoft Software Products.

Microsoft permits publishers to include the following Microsoft Software Products in their Image Offerings, subject to the terms and conditions of Exhibit B of the Microsoft Azure Marketplace Publisher Agreement:

  • Windows Server®
  • SQL Server®
  • Microsoft Dynamics NAV®
SECTION 9 Taxes.
  1. Remittance Countries.
    1. The following countries are Remittance Countries, as defined in the Microsoft Azure Marketplace Publisher Agreement: Austria, Belgium, Bulgaria, Canada, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lichtenstein, Lithuania, Luxembourg, Malta, The Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, United Kingdom, United States.
    2. Within Ireland, Microsoft will charge Irish tax to Irish business customers. Customers within the European Union that are located outside of Ireland will be charged Irish tax only if they have failed to provide a valid EU VAT number.  Where a valid EU VAT number is provided, Microsoft will apply a zero rate/reverse charge.
    3. Microsoft will charge Swiss VAT to all customers in Switzerland or Liechtenstein.
  2. ISV Remittance Countries.
    1. ISV Remittance Countries include all sell-to countries that are not Remittance Countries.
    2. If publishers choose to make offerings available in an ISV Remittance Country, such publishers will have sole responsibility to determine their tax obligation in such ISV Remittance Country, if any, and acknowledge that Microsoft may not currently be able to provide the transaction details required for publishers to provide customers with tax invoices.