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App.net - Developer Incentive Program Agreement

Last Updated: September 26, 2012

To encourage the use of our API by developers and the creation of new and interesting experiences for App.net users, we have set up a program to reward developers based on the quality and usage of their Applications. If you elect to participate in the App.net Developer Incentive Program, you agree to be bound by the additional terms and conditions in this agreement (the "Incentive Program Agreement").

All developers are subject to the Developer Terms of Service, which are incorporated into this Incentive Program Agreement by reference, and available here (the "Developer Terms"). Any terms not defined in this Incentive Program Agreement will have the meaning given in the Developer Terms.

Eligibility

You are eligible to participate in the App.net Developer Incentive Program (the "Incentive Program") if you meet the following criteria:

  • You have an active App.net developer account and maintain a fully-paid subscription at all times during your participation in the Incentive Program.
  • You have created a working Application that accesses our API.
  • You have submitted a complete and accurate sign-up form located in your account settings or sent to the e-mail associated with your developer account.
  • You have received notice from App.net, via a notification or e-mail, that your participation in the Incentive Program has been confirmed.

Registration

In order to participate in the Incentive Program, you will be required during the registration process to provide App.net with certain financial information so that we may pay you any applicable amounts earned. You are responsible for providing such payment information and for ensuring its accuracy and completeness.

Further, you will ensure that the information in your sign-up form and developer account, including your e-mail address and other information are at all times complete, accurate and up-to-date. We may send notifications regarding the Incentive Program and this Incentive Program Agreement to the e-mail address then-associated with your account.

Eligible developers who successfully complete the registration process and are notified by App.net of their approval to join the Incentive Program will be referred to as "Approved Developers".

How We Calculate Payouts

Each month, App.net will allocate a certain dollar amount to a collective incentive pool (the "Incentive Pool").

The size of the monthly Incentive Pool as of September 2012 is $20,000.

The Incentive Pool will be allocated to Approved Developers according to their earned pro-rata share. The monthly pro-rata share for a qualifying Approved Developer (the "Incentive Payment") will be calculated as follows:

  • Each Application created by an Approved Developer will be assigned a monthly score based on a formula determined by App.net. The formula will take into account both usage statistics from the API (e.g., number of App.net users who accessed the Application during the month, how often they used it, which actions they took, etc.), as well as feedback from users as solicited exclusively by App.net. For Approved Developers with multiple Applications, the individual scores of their Applications will be added together to create a single, combined monthly score.

  • The Incentive Payment for each Approved Developer will equal:

    • the total score of the Approved Developer's Application(s) for the applicable month, divided by the total score for all of the Applications created by the Approved Developers in the applicable month; multiplied by

    • the total dollar amount of the applicable month's Incentive Pool.

  • By way of example and not in limitation of the foregoing, if the combined score for all Applications in the Incentive Program is 100, the Incentive Payment for an Approved Developer with an Application score of 10 would equal $2,000 (or, 10/100 x $20,000).

Payments

Any Incentive Payment that an Approved Developer earns during an applicable month based on the calculations above will be added to such Approved Developer's account balance, which may be communicated to such Approved Developer on the App.net website or via direct communication (e.g., a monthly e-mail).

Incentive Payments will be paid to Approved Developers in accordance with the payment mechanisms then-utilized by App.net within fifteen (15) days following the last day of the month, provided the Approved Developer's account balance is at least $50.00. Any balance below that threshold will roll over into the succeeding monthly period.

If your balance remains below $50.00 for a period of time longer than twelve (12) months, App.net will pay you the balance of Incentive Payment's earned at the end of such twelve (12) month period. Any unpaid accrued Incentive Payments in your account may be subject to escheatment under state law.

App.net is not a bank or a financial institution. Approved Developers are not entitled to any interest payments on Incentive Payments. We may be obligated by law to obtain tax information from you if you are a U.S. citizen, U.S. resident, or U.S. corporation, or if your business is otherwise taxable in the U.S. If we request tax information from you and you do not provide it to us, we may (in addition to any other rights or remedies available to us) withhold your Incentive Payments until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.

Additional Terms and Conditions

The Incentive Payments described in this Incentive Program Agreement represent the only compensation payable by App.net to Approved Developers and no other compensation of any kind is payable to an Approved Developer for participating in the Incentive Program.

Approved Developers are responsible for all costs and expenses incurred in connection with their performance of any activities related to the Incentive Program, including, but not limited to, compensation, bonuses, and benefits, if any, for its personnel, and any and all taxes, fees, duties, tariffs or charges which may be imposed on the Approved Developer in connection with his or her participation in the Incentive Program. All Incentive Payments will be made in U.S. dollars.

Approved Developers may not communicate directly with end users for the purpose of influencing the feedback used to calculate Incentive Payments.

App.net reserves the right to change the terms and conditions of this Incentive Program Agreement at any time (including, without limitation, the formula and calculation of Incentive Payments and the size of the Incentive Pool) in its sole discretion by posting such updated terms to the App.net website. Such changes will be effective immediately upon such posting and the terms of this Incentive Program Agreement will supersede the Developer Terms in this regard.

App.net can withhold payment of Incentive Payments and/or suspend or terminate an Approved Developer's participation in the Incentive Program if such Approved Developer violates the Developer Terms or the provisions of this Incentive Program Agreement.

If you have any questions about this Incentive Program Agreement, please contact us at:

App.net Development Team
c/o Mixed Media Labs, Inc.
650 5th St., Suite 403
San Francisco, CA 94107

[email protected]