Built for BlackBerry Apps
Terms and Conditions
THIS BUILT FOR BLACKBERRY APP PROGRAM AGREEMENT (“AGREEMENT”) IS ENTERED INTO BY AND BETWEEN YOU INDIVIDUALLY, IF YOU ARE AGREEING TO IT IN YOUR OWN CAPACITY, OR IF YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOUR COMPANY OR OTHER ORGANIZATION, BETWEEN THE ENTITY FOR WHOSE BENEFIT YOU ACT (IN EITHER CASE, “YOU OR VENDOR”) AND RESEARCH IN MOTION LIMITED (“RIM”). BY CLICKING ON THE APPROPRIATE BUTTON BELOW YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. PLEASE NOTE THAT IF YOU ARE AN INDIVIDUAL YOU MUST BE OVER THE AGE OF MAJORITY UNDER THE LAWS OF YOUR JURISDICTION TO ENTER INTO THIS AGREEMENT. OTHERWISE, YOU ARE EXPRESSLY PROHIBITED FROM ENTERING INTO THIS AGREEMENT.
THE PROGRAM: The Built for BlackBerry (“BFB”) program (“Program”) is designed for applications to be used on the BlackBerry 10 OS or any future BlackBerry codeline (“Apps”). Apps submitted to the Program will be evaluated by a team designated by RIM (“Testing Team”), whose evaluation is in addition to the BlackBerry World (“BBAW”) testing. The developers of Apps that have been approved by the Testing Team will have access to the Program benefits outlined in Section 9 below (“Program Benefits”), which includes permission to use the “Built for BlackBerry” logo (“BFB Logo”) when advertising the approved App, subject to this Agreement. Apps must be updated to be compatible with any new BlackBerry codelines and operating systems that become available in order to maintain the BFB designation (“Designation”), as set forth in more detail in Section 6. The Program is being offered to support BlackBerry developers and use of the BFB Logo will show users that BFB-approved Apps are of higher quality and built specifically for their BlackBerry smartphone or tablet.
ELIGIBILITY: Any developer, being an individual, partnership or corporation, who has accepted and agreed to the RIM STORE VENDOR AGREEMENT (“Vendor Agreement”) and is not in violation of its terms (a “VENDOR” and, collectively, “VENDORs”) is eligible to participate. To participate in this Program, VENDOR must have read and agreed to this Agreement prior to participating. After reading the Agreement, each VENDOR must indicate their acceptance by clicking the “I agree” box on the registration page of the Website (defined below). Acceptance of a complete and valid registration by RIM will form a binding legal agreement between the VENDOR and RIM. VENDORs are not permitted to participate in the Program unless the VENDOR has agreed to the Agreement in such a manner as outlined herein.
HOW TO PARTICIPATE: To participate, visit /builtforblackberry/documentation/getting_started.html (“Website”). Use the tools to develop an App. Only Apps that have been submitted and approved via BBAW are eligible. Apps must be developed using tools designed specifically for the BlackBerry 10 OS. These include Software Development Kits (“SDKs”) or frameworks that will compile an application that runs as an AIR, Native or WebWorks™ based BlackBerry 10 application namely, BlackBerry 10 AIR SDK, BlackBerry 10 Native SDK, BlackBerry 10 WebWorks SDK. Additional frameworks such as PhoneGap and Appcelerator will be considered provided that they comply with the BlackBerry 10 UI Guidelines and Criteria (as defined below). An App developed using a tool that automatically produces a significant portion of the features and functionality will not be eligible. To be eligible, Your app must support at least one of the following languages: English French, Italian, German, Spanish. By submitting an App, you agree that your submission is gratuitous and made without restriction and will not place RIM under any obligation; that RIM is free to disclose the ideas contained in the App on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by RIM receiving your App, RIM does not waive any rights to use similar or related ideas previously known to RIM, or developed by its employees, or obtained from sources other than you. If at any time you no longer wish to participate in the Program, you can give notice to withdraw your App by visiting the BlackBerry World vendor portal and clicking on the opt-out box. If you wish to resubmit your App in the future, you will be required to start the process as a new submission.
EVALUATION: Apps will go through an evaluation process (“Evaluation”) by the Testing Team. The Testing Team will evaluate the Apps based on the following criteria (“Criteria”):
User Benefits - One of RIM’s goals of the Program is to make sure that BFB Apps provide users with obvious benefits in one or more of the following areas: genuine entertainment value; enhanced productivity and enriched communication. The Testing Team will look for, where appropriate, the implementation of functionality like the invocation framework or BBM™. Apps that perform a simple single function such as play a noise or display a graphic are not eligible for this program. Applications must provide functionality that is considered useful to the end user, as determined by the Testing Team.
User Experience - Evaluating user experience relates to the use of BlackBerry 10 UI Guidelines to create a positive overall user experience.
Experience Description Evaluated On... Built For Form Factor VENDOR application UI must take the form factor of the device into account. Where appropriate, use the orientation and screen real estate of the device to enrich the end user experience. Apps & Games Focus On Content VENDOR application UI must focus on delivering its intended content, keeping the screen as uncluttered of controls as possible. Apps Gestures and Flow Implement gesture and flow techniques, like peek gestures, for fluid user interaction. VENDOR application should be designed to make the user feel fully in control; gestures must follow the finger, and be continuous and reversible. Apps Application Navigation
VENDOR application UI must make it easy for the user to achieve common tasks. Keep these guidelines in mind:
Make important and frequent actions easy to access (Game apps exempt)
Keep less frequent, more specific actions in the Action Overflow Menu (Game apps exempt)
Use context menus for direct access to content-specific actions (Game apps exempt)
Use the Application Menu as the entry point to global actions and settings (Game apps exempt)
Make custom controls for application-specific functionality obvious and in-keeping with the BlackBerry 10 experience (Game apps exempt)
Leverage shortcut functionality for the user for more fluid interaction; typically in context menus or keyboard commands (Game apps exempt)
Use guidelines for consistent menu structures, as documented in UX/UI guidelines (required for games)
Apps & Games Progress Feedback If your application permits uploading and/or downloading content, it should make use of the BlackBerry 10 progress manager which provides the user with a uniform experience in understanding the progress of these activities. Apps & Games
Performance - Performance of an App addresses how the user is impacted by it. The testing profiles are based on game application type and SDK as follows: (i) games; (ii) multimedia intensive Apps; and, (iii) all other Apps. To assess a set of profiles for acceptable ranges and for patterns that are indicative of software defects, testing will be performed on the following:
Performance Element Description Evaluated On... CPU VENDOR app must manage CPU use intelligently. If your app has consistently high CPU use and causes lag, it will reduce battery life of the user's device and negatively impact overall user experience. Apps & Games Memory Performance testing will look for minimized memory use and the elimination of memory leaks. Apps & Games Network Testing will be performed on network usage. Lower network traffic minimizes data charges for the user, creating better value and a positive experience. Apps & Games Battery Battery life has a significant impact on user experience. Poor performance capacity and a negative impact on battery life will be factored into evaluations of your app. Apps & Games Run In Background Flag
Proper utilization of the Run in Background flag is important to manage how your application uses the device resources. Only the following category of apps should have the Run in Background flag enabled:
- Streaming audio using network connection.
- Playing local audio content.
- Periodic network connection to maintain presence/connection to service.
- Periodic network connection to refreshing data/content.
Sensor recording and/or polling (microphone, light, proximity, accelerometer).
- Maintenance of GPS position data.
- Maintenance of BT connection.
- Maintenance of DLNA/HDMI services/connection.
- Maintenance of USB connection.
- Monitoring for specific network connection type or peripheral.
- Background operations: periodic or timer based (task/memory managers, battery monitoring, alarm clocks).
- Long running task user-initiated tasks (video editors, downloads, unzipping).
- Short range radio (Bluetooth, Wi-Fi, NFC).
Apps & Games
Security - Apps submitted to the Program will be evaluated for security in the following areas:
Service Integration - To qualify for the Program, with the exclusion of Gaming Apps (defined below), Apps must seamlessly integrate at least one of the following services (accessible at http://developer.blackberry.com/services/):
- Payment Service
- BBM Social Platform
- Advertising Service
- Analytics Service
- Locate Service
- Maps Service
- Push Service (Make sure not to flood the notification system with application messages; only utilize the notification system to show messages that are critical/crucial to the end user.)
For the purposes of the Program, the following will also be accepted as a BlackBerry Service requirement:
- Invocation Framework
- Near Field Communication ("NFC")
Games - Gaming apps (“Gaming Apps”) are evaluated using the same Criteria as outlined above in addition to the following:
VENDOR Gaming App must be developed natively or use a game engine built to run on the BlackBerry 10 platform. Gaming engines that run on BlackBerry 10 include the following:
- Note that if you use a proprietary game engine, further testing to evaluate the quality of the user experience will be performed.
Competitor Port Analysis If your app has been previously released on a competitive platform, it needs at least a 4 out of 5 star rating or equivalent.
APPROVAL: After the Testing Team has completed the Evaluation (allow up to ten (10) days), you will receive a notification via email that states one of the following:
Approved: If your App is approved (“Approved Apps”), you will be permitted to use the BFB Logo with your App wherever you advertise your App. See Section 7 for the specific rules relating to BFB Logo use that must be adhered to.
Rejected: If your App is not approved through the Program, a summary of the Evaluation will be provided to you. Apps that have been tweaked and revised based on the recommendations in the Evaluation may be resubmitted for approval. Each App may only be submitted a total of three (3) times (initial submission and two re-submissions). Apps that are substantially similar to previous submissions by the same VENDOR or substantially deficient in meeting the Criteria, in the Testing Team’s sole discretion, may be rejected.
Notwithstanding the Evaluation results, RIM expressly reserves the right in its sole discretion to Approve or Reject any App.
UPGRADES: Apps must be upgraded to be compatible with any new BlackBerry devices and operating systems (together, the “New Systems”) that become available. New Systems will be announced on the Website. If New Systems become available, VENDORs will be required to upgrade their App to comply with the New Systems (“Upgrades”). Upgrades must be submitted for Evaluation within ninety (90) days of the launch of the New System. If an Upgrade does not receive BFB Approval after its first submission, VENDOR will be permitted to fix it and re-submit that Upgrade up to two (2) more times. All Upgrades must have received BFB Approval within 120 days of the launch of the New System or the BFB Designation will be revoked. Allow up to ten (10) days for Upgrade approval. If VENDORs do not upgrade the Apps to the New Systems in a manner which is satisfactory to RIM, Designation will be revoked.
LICENSE TO USE “BUILT FOR BLACKBERRY” LOGO: Upon approval of your App, RIM grants to you a non-exclusive, non-transferable, royalty-free, revocable license within the regions and countries in which RIM has commercially launched BlackBerry World and, for the duration in which the App has a BFB Designation, the right to use, reproduce and display the BFB Logo solely in accordance with the Built for BlackBerry Brand Guidelines and solely for the purposes of your marketing and promotion of the App. VENDOR agrees that his/her use of the BFB Logo shall inure to the benefit of RIM. At RIM’s request, you shall supply RIM with specimens displaying your uses and/or intended uses of the BFB Logo. Without limiting the foregoing, you will not: (i) modify the BFB Logo, except as expressly approved in writing by RIM in advance; (ii) combine the BFB Logo with any other marks or create any composite marks; or (iii) do anything that would compromise RIM’s rights in and to the BFB Logo. “Built for BlackBerry Branding Guidelines” means the Built for BlackBerry Branding Guidelines, as amended from time to time and made available on the Vendor Portal
Use of Marks. Should VENDOR fail to comply with this Agreement or with the Built for BlackBerry Branding Guidelines, as may be modified from time-to-time, RIM shall notify the VENDOR of such non-compliance. Upon receipt of a notice of non-compliance, where VENDOR fails to promptly cure such non-compliance, RIM may exercise its remedies in accordance with this Agreement. This remedy does not preclude RIM from any other remedy which it may have under this Agreement, in law, or in equity, including injunctive relief or a claim for damages subject to any limitations specified in this Agreement.
RIM has the sole discretion to determine if VENDOR’s use of the BFB Logo is or is not in accordance with this Agreement or is not being used in a manner RIM intends. RIM may, by notice in writing to VENDOR, require VENDOR to promptly modify or discontinue use of the BFB Logo and if VENDOR fails to do so, RIM may terminate this Agreement without the requirement to provide VENDOR any right of cure.
THE BFB LOGO IS PROVIDED TO VENDOR ON AN “AS IS” BASIS AND VENDOR IS SOLELY RESPONSIBLE FOR ITS USE OF THE BFB LOGO. RIM DISCLAIMS ALL WARRANTIES REGARDING THE BFB LOGO, INCLUDING WARRANTIES OF NON-INFRINGEMENT. RIM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR RELATED TO VENDOR’S USE OF THE BFB LOGO, OR TERMINATION OF THIS AGREEMENT.
REVOCATION OF DESIGNATION: If RIM becomes aware of any technical, mechanical or other issue with the App that affect its performance, breaches any security or privacy standards or otherwise compromises any RIM standard in its sole discretion (“Deficiency” or “Deficiencies”), RIM will notify VENDOR via email. VENDOR will be given thirty (30) days to rectify the Deficiency(ies) in a manner that is satisfactory to RIM. If the Deficiency(ies) is/are not resolved by the date indicated by RIM, Designation may be revoked at the sole discretion of the RIM. As outlined in Section 6, Designation may also be revoked if the App does not comply with any New Systems. If the Vendor Agreement is terminated or if the App is no longer offered for sale on BBAW for any reason, any BFB Designation and right to use the BFB Logo that has assigned to the VENDOR or to that App, as the case may be, will also terminate simultaneously.
PROGRAM BENEFITS: VENDORs will be eligible to access the following Program Benefits while holding a BFB Designation, subject to any Revocation that may occur therein: (i) VENDORs with Apps carrying the BFB Designation may have a higher profile to consumers in BlackBerry World, Social Media, Digital Media, Direct Marketing and Channel Marketing; and (ii) VENDORs will be provided with BFB marketing support, which includes guidelines on how to market BFB apps. Note that RIM has no obligation to advertise or use your App in any marketing channels.
NOTIFICATIONS: RIM will use the VENDORs contact information as displayed in BBAW Vendor Portal for correspondence. VENDORs are required to keep their contact information current.
INTERNET: RIM is not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or garbled App submissions (“Submissions”) or emails or for any incorrect or inaccurate VENDOR information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Program or by any technical or human error or fraud, which may occur in the processing or approval of Submissions. RIM is not responsible for computer system, phone line, hardware, software, cable, satellite, Internet Service Provider (“ISP”) or program malfunctions, or other errors, failures or delays in computer transmissions or network connections. RIM is not responsible for any errors whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to, or in connection with, the Program including, without limitation, errors or difficulties which may occur in connection with the administration of the Program, the processing or evaluating of Submissions or in any Program-related materials.
RIGHT TO CANCEL, TERMINATE, MODIFY OR SUSPEND: If for any reason any aspect of this Program is not capable of running as planned, including by reason of computer virus, communications network failure, bugs, tampering, unauthorised intervention, fraud, technical failure or any other cause beyond the control of RIM, subject to applicable laws, RIM may in its sole discretion cancel, terminate, modify or suspend the Program, or invalidate any affected Submissions. In the event of such an occurrence RIM may post a notice on the Website and/or email VENDORS.
RELEASE: By participating in this Program, and to the extent permitted by applicable laws, VENDORs agree: (a) to release RIM and any third party retained by or on behalf of RIM for the purposes of executing and administering the Program and each of their respective parents, affiliates, subsidiaries, retailers, distributors, sales representatives, distributors, advertising, Program and judging agencies and all other service agencies and providers involved with this Program and each of their officers, directors, employees and agents (collectively, "Released Parties") from any and all liability, loss or damage incurred with respect to their participation in the Program; (b) that under no circumstances will they be permitted to obtain awards for, and they hereby waive all rights to claim, any punitive, incidental, consequential or other damages including, but not limited to attorneys’ fees or other court costs, other than for actual out-of-pocket expenses; (c) all causes of action arising out of or connected with this Program shall be resolved individually, through binding arbitration in accordance with Section 18 below, without resort to any form of class action; and (d) any and all claims, judgments, and award shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.
Any waiver of any obligation hereunder by RIM does not constitute a general waiver of any obligation to VENDORs.
VENDOR AGREEMENT: VENDOR obligations under this Agreement are at all times subject to your compliance with the Vendor Agreement and nothing in this Agreement changes any of your obligations under the Vendor Agreement including but not limited to Sections 9 (Intellectual Property), 12 (Vendor Representations, Warranties and Covenants), 14 (Indemnification) and 15 (Exclusions and Limitations of Liability). For clarity, RIM is a RIME Indemnified Party as defined in Section 14 of the Vendor Agreement.
PROGRAM TERMINATION: RIM reserves the right to terminate the Program at any time at its sole discretion for any reason. In such a case, VENDORs will be given sixty (60) days notice. Such notice will be communicated via email directly to VENDORs and will otherwise be posted on the Website. Likewise, participants with Program approved apps will have sixty (60) days to continue using the BFB Logo, at which time, all Program Benefits will cease and all such use of the BFB Logo must stop.
GOVERNING LAW: This Program is governed by, subject to and is to be interpreted, construed and enforced in accordance with the laws of the Province of Ontario, Canada without regard to conflict of law principles. VENDOR irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds and irrevocably consents to service of process by mail or in any other manner permitted by applicable law and, subject to Section 18 below, consents to the jurisdiction of the courts of the Province of Ontario, Canada. VENDOR further hereby waives any right to a trial by jury with respect to any lawsuit or judicial proceeding arising from or relating to this Agreement.
Any provision in this Agreement that is held to be invalid or unenforceable for any reason by any court, governmental department, body or tribunal, or in any applicable jurisdiction shall be ineffective to the extent of such invalidity or unenforceability and will not invalidate or render unenforceable the remaining provisions hereof and should any provision be held invalid or unenforceable in an applicable jurisdiction such provision shall not be invalidated or rendered unenforceable in any other jurisdiction.
ARBITRATION: Any dispute, controversy or claim arising out of or relating to this Program shall be finally settled by binding arbitration in Toronto, Canada before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply the laws of the Province of Ontario law consistent with the Arbitration Act or the International Commercial Arbitration Act, where applicable, and applicable statutes of limitations, and shall honour claims of privilege recognized at law. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor RIM shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT PARTICIPATE IN THIS OFFER IF YOU DO NOT AGREE TO HAVE ANY DISPUTE, CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE TERMS.
NO CLASS ACTION: By participating in the Program, each Vendor agrees that to the extent permitted by applicable law: (1) any and all disputes, claims, controversies and causes of action arising out of or connected with the Program granted hereunder will be resolved individually through binding arbitration as set forth above, without resort to any form of class action; (2) any and all claims, judgments, awards and payouts will be limited to actual third-party, out-of-pocket costs incurred (if any), but in no event will attorneys' fees be awarded or recoverable; (3) under no circumstances will any Vendor be permitted to obtain any payout for, and Vendor hereby knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages, other than actual out of pocket expenses), and/or any rights to have damages multiplied or otherwise increased; and (4) Vendor’s remedies are limited to a claim for money damages (if any) and Vendor irrevocably waives any right to seek injunctive or equitable relief. Some jurisdictions do not allow the limitations or exclusion of liability, so the above may not apply to every Vendor.
CONTACT: If you have any questions about this Program, please Contact.