Change history for Microsoft Publisher Agreement version 8.0 - September 2025 update

We’ve updated the Microsoft Publisher Agreement and Documentation: (i) to reflect new branding of our commercial marketplaces as the Microsoft Marketplace, (ii) in response to Microsoft Marketplace now supporting Resale Enabled Offers, Sovereign Cloud Operator Marketplaces, and Microsoft security store, (iii) to clarify requirements for Offers that include AI Systems, (iv) to clarify the reseller relationship in India, and (v) further clarify agency and tax requirements.

Minor changes, such as typographical corrections, and changes for readability, are not listed below.

To review all updates in the September 2025 update of the agreement, read the full Microsoft Publisher Agreement. To review the previous version of the agreement, see Microsoft Publisher Agreement version 8.0 July 2024.

Changes to document version 8.0 – September 2025

The following sections of the Agreement were updated in document version 8.0-September 2025 Update.

Section 4 OFFER REQUIREMENTS

We’ve added a more specific reference to compliance with laws applicable to AI Systems (see new definition).

Section 5 ADDITIONAL TERMS APPLICABLE TO TRANSACTABLE OFFERS

We revised this section to provide further transparency on your appointment of Microsoft and tax obligations.

• Section 5(a)(i): We clarified that, as your representative, Microsoft may be responsible for facilitating Customer purchases, but the purchase contract remains between you and the Customer.
• Section 5(c): We clarified applicability of taxes to the Store Service Fee.
• Section 5(i): We removed an obligation to notify Microsoft for a tax audit.

Section 12 DEFINITIONS

We added new definitions for AI System and Sovereign Cloud Operator, rebranded Commercial Marketplace to Microsoft Marketplace through the Agreement which also includes Microsoft security store, and clarified tax obligations for Publisher Net Revenue:

• Section 12(a) adds a new definition for “AI System” that describes an autonomous system that exhibits adaptiveness and infers from the input it receives how to generate outputs.
• Section 12(m) clarifies the definition of the rebranded “Microsoft Marketplace” which includes Microsoft owned or operated storefronts, and any Microsoft owned or operated endpoints, that point to those storefronts.
• Section 12(v) updates the definition of “Publisher Net Revenue” to clarify reductions due to taxes on the Store Service Fee (where appliable).
• Section 12(w) adds a new definition for “Sovereign Cloud Operator” to describe an independent operator of Microsoft cloud services for a particular country or region.

ADDENDA

Addendum A TERMS APPLICABLE TO SPECIFIC OFFER TYPES

We added clarification for products for use in Customers’ on-premises environment.

• Section 3 clarifies that Microsoft is facilitating deployment of offers, not a download.

We added new terms to clarify obligations regarding Professional Services Offers, including where a Publisher providing Professional Services must be located.

• Section 7(b) clarified that Professional Services can only be sold by Publishers located in the United States, Canada, or United Kingdom.

We added a new Section 8 to clarify the obligations for Offers that include AI Systems:

• Section 8(a) clarifies the obligation that AI Systems may not be used for prohibited practices under law, including prohibited practices identified in Article 5 of the EU AI Act.
• Section 8(b) clarifies the obligation to support any necessary declarations of conformity, marks, and other documentation required by law for making AI Systems available on the market.

Addendum B TERMS AND CONDITIONS APPLICABLE TO SPECIFIC GO TO MARKET CHANNELS

For Multiparty Private Offers, we clarified program requirements for Authorized Partners and tax obligations by updating the required forms for U.K.-based Authorized Partners.

• Section 1(b) clarifies Authorized Partners must have tax profiles for the United States or United Kingdom.
• Section 1(j) clarifies that U.K. based Authorized Partners must complete applicable IRS W-8.

Newly added Section 2 adds new terms to define the requirements for the Resale Enabled Offers (REO) program.

• Section 2(a) clarifies REO applies to reseller partners who are designated Resale Partner for ISVs.
• Section 2(b) clarifies the role and responsibilities of a Resale Partner including how a Resale Partner is considered a Publisher of Offers and is subject to the terms applicable to Publisher under the Agreement.
• Section 2(c) clarifies the appointment of Microsoft under REO and that, as your representative, Microsoft may be responsible for facilitating Customer purchases, but the purchase contract remains between you and the Customer.
• Section 2(d) clarifies Resale Partner’s responsibilities including a requirement to obtain all necessary permissions, rights, licenses, or title for the Resale Enabled Offer and Microsoft’s right to request and review Resale Partner’s compliance with this requirement.
• Section 2(e) clarifies that Microsoft may terminate immediately upon notice if Microsoft determines or reasonably believes the Resale Partner does not have the necessary permissions, rights, licenses, or title for the Resale Enabled Offer.

We removed what was previously Section 3(c) on payment terms and fees for reseller markets as duplicative of other language in the Terms and Conditions. The payment terms and fees applicable to reseller markets are outlined in Section 5(d) of the Terms and Conditions, and as set out at Tax responsibilities for Microsoft Marketplace publishers.

We clarified the reseller model for the sales of your Offers to Customers located in India and Microsoft and Microsoft’s Affiliates roles as a reseller for you in India.

• Section 4(e) clarifies Microsoft’s role as reseller of Offers to Customers located in India, and that Microsoft does not provide or control the delivery of the Offer or is the originator or provider of the Offer. We further clarify that Microsoft is not liable for any failure, delay, or deficiency of the Offer.

We added a new Section 5 to define the requirements for Sovereign Cloud Operator Marketplaces.

• Section 5 clarify the requirements for offers directed to certain Sovereign Cloud Operator Marketplaces including the agency model between Microsoft and the Sovereign Cloud Operator, the role of Sovereign Cloud Operators to be responsible for prices of Offers, additional agreement and certification requirements that Sovereign Cloud Operators may impose, and restrictions on customer information that may be shared.

ADDENDUM D: TERMS AND CONDITIONS APPLICABLE TO THE MICROSOFT SECURITY STORE

Addendum D establishes Microsoft’s terms for participation in the Microsoft security store. Highlights from Addendum D include the following:

Section 2 – MICROSOFT SECURITY STORE SERVICE FEE

Microsoft will collect the applicable Store Service Fee for each Offer and pay each eligible participant the applicable Publisher Net Revenues in accordance with Section 5 of the Agreement.

Section 3 – MICROSOFT SECURITY STORE ELIGIBILITY REQUIREMENTS

To be eligible to publish an Offer in the Microsoft security store, each participant must:

• Offer a product or professional service that supports or integrates with Microsoft Security Services as designated by Microsoft.
• Comply continuously with applicable Microsoft Security Store Policies and Certification requirements, which may include unpublished, confidential evaluation criteria.
• For certain integrations, meet additional standards, such as responsible AI requirements or third-party certifications.

Section 4 – SUBMISSION AND EVALUATION OF OFFERS

The process for Offer Certification includes:

• Submission: Each Offer must be submitted with complete Submission Forms and Supporting Evidence (e.g., audit reports, architecture diagrams).
• Evaluation: Microsoft (or a third-party agent) reviews submitted materials to determine whether the Offer meets the Microsoft Security Store Certification Criteria.
• Material Changes: If the Offer undergoes material change or if Microsoft updates its Certification Criteria, the Publisher must seek re-certification within 30 days or cease use of the Microsoft Security Store Marks.

Section 6 – TERM AND TERMINATION

• Initial Term: The initial Certification term is one year from the Notice of Certification and automatically renews annually unless Microsoft elects not to renew.
• Termination of Program: Microsoft may terminate the Microsoft security store program at any time.

Section 7 – MODIFICATION TO THE MICROSOFT SECURITY STORE CERTIFICATION PROGRAM

Microsoft may update this Addendum or the Certification Criteria at any time.