BUILT FOR BLACKBERRY APP PROGRAM

PROGRAM AGREEMENT

THIS NEW VERSION OF THE BUILT FOR BLACKBERRY APP PROGRAM ("NEW PROGRAM") WILL REPLACE THE PREVIOUS BUILT FOR BLACKBERRY APP PROGRAM ("PREVIOUS PROGRAM") LAUNCHED ON NOVEMBER 27, 2012. THE PREVIOUS PROGRAM IS BEING PHASED OUT AND WILL COME TO A CLOSE ON OCTOBER 27, 2013. ANY APPS SUBMITTED TO THE BUILT FOR BLACKBERRY PROGRAM BETWEEN AUGUST 27, 2013 and OCTOBER 27, 2013 ("TRANSITION PERIOD") WILL BE EVALUATED UNDER THE CRITERION OF BOTH THE NEW PROGRAM AND THE PREVIOUS PROGRAM. BY INDICATING YOUR AGREEMENT TO THE PROGRAM AGREEMENT FOR THE NEW PROGRAM, YOU ARE ALSO INDICATING YOUR AGREEMENT TO THE PROGRAM AGREEMENT FOR THE PREVIOUS PROGRAM UNTIL THE END OF THE TRANSITION PERIOD. ANY APPS APPROVED UNDER THE PREVIOUS PROGRAM WILL RETAIN THEIR LICENSE TO USE THE BFB LOGO AS OUTLINED IN SECTION 7 AND MAY CONTINUE TO HOLD THEIR BFB DESIGNATION AS OUTLINED HEREIN.

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 BLACKBERRY LIMITED ("BLACKBERRY"). 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 OR THE AGREEMENT MUST BE ENTERED INTO BY YOUR PARENT OR LEGAL GUARDIAN ON YOUR BEHALF. OTHERWISE, YOU ARE EXPRESSLY PROHIBITED FROM ENTERING INTO THIS AGREEMENT.

ACCEPTANCE OF THIS AGREEMENT IS NOT REQUIRED FOR EACH APP YOU SUBMIT TO THE BUILT FOR BLACKBERRY PROGRAM. ONCE THIS AGREEMENT HAS BEEN ACCEPTED, ITS TERMS WILL APPLY EQUALLY TO ALL APPS SUBMITTED.

  1. THE PROGRAM: The Built for BlackBerry ("BFB") program ("Program") is designed to recognize those gaming and non-gaming applications (together, "Apps") developed for use on the BlackBerry 10 OS ("BB10 OS") or any future BlackBerry codeline, operating system or device ("New Systems"). Apps submitted to the Program will be evaluated by a team designated by BlackBerry ("Testing Team"), whose evaluation is in addition to the BlackBerry World ("BW") testing. The developers whose Apps 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. In order to maintain the BFB designation ("Designation"), Apps must be updated to be compatible with any New Systems that become available, as set forth in more detail in Section 6. The Program is being offered to support BlackBerry developers. Use of the BFB Logo will show users that BFBapproved Apps are built specifically for their BlackBerry 10 device and deliver the BlackBerry 10 platform experience. Apps that were submitted under the original Built for BlackBerry Program and subsequently rejected (either initially or by appeal) may be resubmitted as a new submission under this new Program.

  2. ELIGIBILITY: Any developer, being an individual, partnership, corporation or other entity, who has accepted and agreed to the RIME STORE Vendor AGREEMENT ("Vendor Agreement"), who is not in violation of its terms (a "Vendor" and, collectively, "Vendors") and who has read and agreed to this Agreement prior to participating, is eligible. 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 by BlackBerry of Vendor's complete and valid registration will form a binding legal agreement between the Vendor and BlackBerry. Vendors are not permitted to participate in the Program unless the Vendor has agreed to the Agreement in such a manner as outlined herein.

  3. HOW TO PARTICIPATE: To participate, visit the Built for BlackBerry Website ("Website") and follow the instructions to participate in the Program by developing a qualifying App. Apps that have been submitted and approved via BW 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 Criterion (as defined below). To be eligible, your App must support at least one of the following languages: Arabic, Bahasa, Brazilian Portuguese, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hebrew, Hungarian, Italian, Japanese, Kazakh, Korean, Latvian, Lithuanian, Malay, Modern Chinese, Norwegian, Polish, Portugal Portuguese, Romanian, Russian, Slovak, Slovenian, Spanish, Thai, Turkish, Ukrainian, or Vietnamese. By submitting an App, you agree that your submission is gratuitous and made without restriction and will not place BlackBerry under any obligation; that BlackBerry is free to disclose any ideas that may be 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 BlackBerry receiving your App, BlackBerry does not waive any rights to use similar or related ideas previously known to BlackBerry, or developed by its employees, or obtained from sources other than you.

    Excluded Apps: The following will not be accepted under this Program:

    • An app developed using a tool or template that automatically produces a significant portion of the features and functionality and that creates the same look and feel as Apps previously submitted by a Vendor;
    • Ported Android apps; and,
    • An app that launches a web page (collectively, "Excluded Apps").

    BlackBerry reserves the right to determine in its sole discretion if an App is considered to be an Excluded App and such decisions shall be final and binding.

    Withdrawal From the Program: Vendors have the option to withdraw individual Apps from the Program or to withdraw themselves from the Program entirely. To withdraw from the Program entirely, Vendors will need to send an email to BFBtestingteam@blackberry.com requesting withdrawal from the Program. To withdraw an individual App from the Program, Vendors must visit the Candidates, Approved, or Under Review pages of the Program Submission Portal and will need to follow the instructions to select the App(s) they wish to withdraw from the Program. If a Vendor wishes to resubmit a withdrawn App in the future, they will be required to start the process as a new submission. Vendors will receive an email from BlackBerry or its agent confirming that their participation in the Program has been withdrawn or that the App(s) have been withdrawn from the Program, as the case may be, ("Withdrawal Confirmation"). Three (3) days from the date the Withdrawal Communication has been sent, the BFB Designation will no longer apply to any of Vendor's Apps (if withdrawn from the Program entirely) or to the selected Apps (if Vendor has withdrawn individual App(s)) and any right to use the BFB Logo that has been assigned to any such App will terminate.

  4. EVALUATION: Apps will go through an evaluation process ("Evaluation") by the Testing Team. If an App requires a login, Vendor must provide the login credentials at the time of submission in order to facilitate the Evaluation. The Testing Team will evaluate the gaming Apps and non-gaming Apps separately, based on the criterion outlined below ("Criterion"). Sponsor reserves the right to amend the Criterion from time to time as New Systems are developed:

    Built for BlackBerry:
    App Developer Checklist

    Built for BlackBerry™ Program Overview

    To qualify for the Built for BlackBerry designation:
    • Vendors must read and accept the Built for BlackBerry Terms and Conditions
    • Vendors can submit as many apps to the Built for BlackBerry program as they would like
    • Apps must be approved for sale on BlackBerry® World™ before testing begins on the Built for BlackBerry program
    • Eligibility: Apps must be built using: BlackBerry 10 Native SDK, Cascades for BlackBerry 10, BlackBerry® WebWorks™ HTML5, or BlackBerry® 10 Adobe AIR SDK
    • Excluded Apps: The following will not be accepted under this Program:
      • An app developed using a tool or template that automatically produces a significant portion of the features and functionality and that creates the same look and feel as apps previously submitted by a Vendor;
      • Ported Android™ apps; and,
      • An app that launches a web page
    Submissions & Approvals
    • If your app is not approved through the Built for BlackBerry program after your first submission, you will be notified and allowed to re-submit the app up to two more times for re-evaluation
    • Apps that are not approved the third time are not permitted to be submitted again to the Built for BlackBerry program
    Maintaining Built for BlackBerry designation
    • Apps must support all devices on codeline; submissions must be made within 90 days of the launch of the new devices
    • Apps must support all BlackBerry 10 codelines; submission must be made within 90 days of the launch of the new codeline
    Note: BlackBerry reserves the right to amend these Criterion from time to time as New Systems are developed.
    Please refer to complete Program Agreement for defined terms and full program details.

    App Developer Checklist

    • Criteria Apps
        Required
      User Experience: Built for Form Factor  
      Efficient Ergonomics:
      • Most common actions can be done with one hand
       
      Content Occupies Full Screen:
      • App must be developed for full screen real estate
        • 720 x 1280 pixels (all-touch inputs); (16:9 aspect ratio)
        • 768 x 1280 pixels (all-touch inputs); (15:9 aspect ratio)
        • 720 x 720 pixels (physical keyboard input): (1:1 aspect ratio)
      • No black bars appear; Letterboxing permitted to maintain design optimization for screen resolution of 720 x 1280 pixels (16:9) on Z10 (768 x 1280 pixels; 15:9) - multimedia apps only
       
      User Experience: Focus on Content  
      In-app Icons:
      • Style integrity: maintain BlackBerry 10 style across menus and tabs; themes, colors, in-app sizes
      • Design: pictorial and convey meaning through a resemblance to a physical object or function, without any explanatory text
       
      No Empty States:
      • Instances where list view contains no data or user needs to create content, app uses empty space to promote content creation (e.g., pictures app tells user they can take pictures and videos with the camera, and prompts user to launch camera)
       
      Sheets:
      • Sheets are full-screen views used for sub-tasks
      • Position: Constructive actions (right); Destructive (left)
       
      Dialogue:
      • No intrusive dialogue: no pop-ups that unnecessarily interrupt user experience
      • Critical content or time-sensitive information display dialogue is permitted
       
      Forms:
      • Ensure virtual keyboard is active based on form type. If a number field is active, the virtual keyboard should have the number view visible to user. The same is true for letter based forms
       
      User Experience: Gestures and Flow  
      Gesture Support:
      • Support content gestures applicable to app:
        • Zoom in/out - for images and text
        • Infuse app or game with sweeping interactions/gestures
        • Contextual and reversible
       
      Exiting Application:
      • Always use swipe up action to exit; no buttons to close
       
      Minimization Behavior:
      • Minimization screen shows relevant content
       
      Notifications:
      • If using notifications, must enable toggle for ability to turn off and on
      • Position: in Settings menu (in Application Menu)
       
      Highlight Behavior:
      • For binary interactions, highlight the component when users touch it. Remove the highlight once the user moves their finger off the control. The highlight should return when the control is touched again, unless the control scrolls with the view.
      • If users scroll through a list or view (for example, a grid view), don't highlight individual items.
      • If an item requires continuous interaction (for example, a slider), highlight the item until users release their finger. In this case, you might need to lock other items that allow scrolling, such as lists
      • Don't let users highlight items they can't act on; disable (or dim) components or remove them from the screen
       
      User Experience: Application Navigation  
      Action Bar/Action Menu:
      • Position: Bottom of Screen
      • Contents: one action other than 'back'
      • All actions must sit in Action Bar or Action Menu
      • Size: Action Bar - 81 x 81 pixels
      • Size: Action Menu - Large 81 x 81 pixels; Small 71 x 71 pixels
       
      Application Menu:
      • Position: Top of Screen; Swipe Down
      • Contents: Settings (right), Info, Help (left)
      • Size: 81 x 81 pixels
       
      Context Menus:(if used)
      • Include an unique icon and label for each item
      • Long press always invokes a context menu
      • Size: 81 x 81 pixels
       
      Additional Menu & Button Specifications:
      • Component and small buttons: Large 71 x 71 pixels; Small 61 x 61 pixels
       
      Tabs:
      • Use up to 4 tabs in an Action Bar (Z10, Q10)
       
      Deleting:
      • If deleting within an app, must be verification toast
      • Exempt if this is provided as an option in the Settings menu
      • Delete should never be in the Action Bar
      • Delete is the bottom item in the Action Menu
       
      Progress Feedback:
      • Progress and Activity Indicators to be used if longer than 3 seconds to load
      • Activity Indicator: used if functioning but cannot indicate a specific time frame for action
      • Progress Indicator: used if functioning and can indicate the specific time frame for action
      • Global Indicator: used if functioning and can continue with other actions (modal)
       
      Integrity of View:
      • When user returns to a view, show content from last filtered state
       
      Virtual Keyboard:
      • Where main task is typing, put focus on correct field for virtual keyboard and have it appear when screen opens
      • When using static keyboard layout, ensure users can still reach important parts of UI
       
      Physical Keyboard:
      • If using shortcut keys to promote one-handed use, include mapping of shortcut keys in Help menu
       
      Active Frames:
      • When using an active frame, follow guidelines below:
      • Header:
        Active Frame Header
        Grid:
        Active Frame Grid
        List:
        Active Frame List
       
      Service Integration (1 must apply)  
      Payment Service  
      BBM Social Platform  
      Advertising Service  
      Locate Service  
      Maps Service  
      Push Service  
      Invocation Framework  
      NFC  
      Bluetooth Smart (Bluetooth Low Energy)  
      Scoreloop (Native only)  
      Now Playing (Native only)  
      Performance  
      Uses:
      • All core features of app must function as designed; bug free
      • Design: experience is smooth and effortless
       
      CPU:
      • Manage CPU use intelligently
       
      Memory:
      • No memory leaks permitted
       
      Network:
      • Network traffic is minimized
       
      Battery:
      • Minimize negative impact on battery life
       
      Security  
      Free of Malicious Intent  
      Provide a Privacy Policy  
      No luring activity to entice transactions (i.e., related to in-app advertising and payments)  
      Login Credential Recovery Option  
      Private Information:
      • Do not pass clear text passwords, contact lists, confidential information
       
      Permission Handling:
      • If permissions are denied, app gracefully handles the denial and does not crash, or prompts the user to set the required permissions to enable full functionality
       
      Transactions:
      • Make all transactions (i.e., monetary) known to user
       
      Localization (1 must apply)  
      Arabic  
      Bahasa  
      Brazilian Portuguese  
      Czech  
      Danish  
      Dutch  
      English  
      Estonian  
      Finnish  
      French  
      German  
      Greek  
      Hebrew  
      Hungarian  
      Italian  
      Japanese  
      Kazakh  
      Korean  
      Latvian  
      Lithuanian  
      Malay  
      Modern Chinese  
      Norwegian  
      Polish  
      Portugal Portuguese  
      Romanian  
      Russian  
      Slovak  
      Slovenian  
      Spanish  
      Thai  
      Turkish  
      Ukrainian  
      Vietnamese  

    Built for BlackBerry:
    Game Developer Checklist

    Built for BlackBerry™ Program Overview

    To qualify for the Built for BlackBerry designation:
    • Vendors must read and accept the Built for BlackBerry Terms and Conditions
    • Vendors can submit as many gaming apps to the Built for BlackBerry program as they would like
    • Gaming apps must be approved for sale on BlackBerry® World™ before testing begins on the Built for BlackBerry program
    • Eligibility: Gaming apps must be built using BlackBerry® 10 Native SDK, Cascades for BlackBerry 10, BlackBerry® WebWorks™ HTML5, or BlackBerry 10 Adobe AIR SDK
    • Excluded Gaming apps: The following will not be accepted under this Program:
      • A gaming app developed using a tool or template that automatically produces a significant portion of the features and functionality and that creates the same look and feel as gaming apps previously submitted by a Vendor;
      • Ported Android™ gaming apps; and,
      • A gaming app that launches a web page
    Submissions & Approvals
    • If your gaming app is not approved through the Built for BlackBerry program after your first submission, you will be notified and allowed to re-submit the gaming app up to two more times for re-evaluation
    • Gaming apps that are not approved the third time are not permitted to be submitted again to the Built for BlackBerry program
    Maintaining Built for BlackBerry designation
    • Games must support all touch input devices with a 16:9 aspect ratio on codeline and/or all physical keyboard input devices with a 1:1 aspect ratio on codeline in order to maintain the designation for that respective class of device; submissions must be made within 90 days of the launch of the new devices
    • Gaming apps must support all BlackBerry 10 codelines; submission must be made within 90 days of the launch of the new codeline
    Note: BlackBerry reserves the right to amend these Criterion from time to time as New Systems are developed.
    Please refer to complete Program Agreement for defined terms and full program details.

    Game Developer Checklist

    • Criteria Games
        Required
      Games  
      Game Engine:
      • If Game Engine is used, must be designed/tested for BlackBerry 10:
        • GamePlay
        • Unity
        • Marmalade
        • Shiva
        • Cocos2d-x
      • Note that if you use a proprietary game engine, further testing to evaluate 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
       
      Settings:
      • Must remember audio settings (i.e., mute setting)
       
      Menus:
      • Must have help or instructions menu
       
      Minimization Behavior:
      • On minimization of game - must pause
      • With exception of multiplayer service integration
       
      Interruption Behavior:
      • On phone call interruption - must pause
      • With exception of multiplayer service integration
       
      User Experience: Built for Form Factor  
      Content Occupies Full Screen:
      • Game must be developed for full screen real estate
      • Games must support all touch input devices with a 16:9 aspect ratio on codeline and/or all physical keyboard input devices with a 1:1 aspect ratio on codeline in order to earn the designation for that respective class of device
      • No black bars appear; Letterboxing permitted to maintain design optimization for screen resolution of 720 x 1280 pixels (16:9) on Z10 (768 x 1280 pixels; 15:9)
       
      User Experience: Focus on Content  
      No Empty States:
      • Instances where list view contains no data or user needs to create content, app uses empty space to promote content creation (e.g., pictures app tells user they can take pictures and videos with the camera, and prompts user to launch camera)
       
      Sheets:
      • Sheets are full-screen views used for sub-tasks
      • Position: Constructive actions (right); Destructive (left)




      (If using BlackBerry 10 UI)
      Dialogue:
      • No intrusive dialogue: no pop-ups that unnecessarily interrupt user experience
      • Critical content or time-sensitive information display dialogue is permitted
       
      User Experience: Gestures and Flow  
      Gesture Support:
      • Support content gestures applicable to app:
        • Zoom in/out - for images and text
        • Infuse app or game with sweeping interactions/gestures
        • Contextual and reversible
       
      Exiting Application:
      • Always use swipe up action to exit; no buttons to close
       
      Minimization Behavior:
      • Minimization screen shows relevant content
       
      Notifications:
      • If using notifications, must enable toggle for ability to turn off and on
      • Position: in Settings menu (in Application Menu)
       
      User Experience: Application Navigation  
      Action Bar/Action Menu:
      • Position: Bottom of Screen
      • Contents: one action other than 'back'
      • All actions must sit in Action Bar or Action Menu
      • Size: Action Bar - 81 x 81 pixels
      • Size: Action Menu - Large 81 x 81 pixels; Small 71 x 71 pixels






      (If using BlackBerry 10 UI)
      Application Menu:
      • Position: Top of Screen; Swipe Down
      • Contents: Settings (right), Info, Help (left)
      • Size: 81 x 81 pixels





      (If using BlackBerry 10 UI)
      Context Menus:(if used)
      • Include an unique icon and label for each item
      • Long press always invokes a context menu
      • Size: 81 x 81 pixels





      (If using BlackBerry 10 UI)
      Additional Menu & Button Specifications:
      • Component and small buttons: Large 71 x 71 pixels; Small 61 x 61 pixels





      (If using BlackBerry 10 UI)
      Tabs:
      • Use up to 4 tabs in an Action Bar (Z10, Q10)





      (If using BlackBerry 10 UI)
      Progress Feedback:
      • Progress and Activity Indicators to be used if longer than 3 seconds to load
      • Activity Indicator: used if functioning but cannot indicate a specific time frame for action
      • Progress Indicator: used if functioning and can indicate the specific time frame for action
      • Global Indicator: used if functioning and can continue with other actions (modal)
       
      Integrity of View:
      • When user returns to a view, show content from last filtered state
       
      Virtual Keyboard:
      • Where main task is typing, put focus on correct field for virtual keyboard and have it appear when screen opens
      • When using static keyboard layout, ensure users can still reach important parts of UI
       
      Physical Keyboard:
      • If using shortcut keys to promote one-handed use, include mapping of shortcut keys in Help menu
       
      Active Frames:
      • When using an active frame, follow guidelines below:
      • Header:
        Active Frame Header
        Grid:
        Active Frame Grid
        List:
        Active Frame List
       
      Service Integration (1 must apply)  
      Payment Service  
      BBM Social Platform  
      Advertising Service  
      Locate Service  
      Maps Service  
      Push Service  
      Invocation Framework  
      NFC  
      Bluetooth Smart (Bluetooth Low Energy)  
      Scoreloop (Native only)  
      GamePad (Native only)  
      Multiplayer (enabled via WAN or Bluetooth)  
      Performance  
      Uses:
      • All core features of app must function as designed; bug free
      • Design: experience is smooth and effortless
       
      CPU:
      • Manage CPU use intelligently
       
      Memory:
      • No memory leaks permitted
       
      Network:
      • Network traffic is minimized
       
      Battery:
      • Minimize negative impact on battery life
       
      Security  
      Free of Malicious Intent  
      Provide a Privacy Policy  
      No luring activity to entice transactions (i.e., related to in-app advertising and payments)  
      Login Credential Recovery Option  
      Private Information:
      • Do not pass clear text passwords, contact lists, confidential information
       
      Permission Handling:
      • If permissions are denied, app gracefully handles the denial and does not crash, or prompts the user to set the required permissions to enable full functionality
       
      Transactions:
      • Make all transactions (i.e., monetary) known to user
       
      Localization (1 must apply)  
      Arabic  
      Bahasa  
      Brazilian Portuguese  
      Czech  
      Danish  
      Dutch  
      English  
      Estonian  
      Finnish  
      French  
      German  
      Greek  
      Hebrew  
      Hungarian  
      Italian  
      Japanese  
      Kazakh  
      Korean  
      Latvian  
      Lithuanian  
      Malay  
      Modern Chinese  
      Norwegian  
      Polish  
      Portugal Portuguese  
      Romanian  
      Russian  
      Slovak  
      Slovenian  
      Spanish  
      Thai  
      Turkish  
      Ukrainian  
      Vietnamese  
  5. 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 (2) re-submissions). Apps that are substantially similar to previous submissions by the same Vendor in the Testing Team's sole discretion, may be rejected.

    • Notwithstanding the Evaluation results, BlackBerry expressly reserves the right in its sole discretion to Approve or Reject any App.

  6. UPGRADES: Apps must be upgraded to be compatible with any 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") as outlined in the gaming and non-gaming App Criterion that may have been amended to address the New System requirements. Upgrades must be submitted for Evaluation within ninety (90) days of the launch of the New System. 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 BlackBerry, Designation will be revoked.

  7. LICENSE TO USE “BUILT FOR BLACKBERRY” LOGO: Upon approval of your App, BlackBerry grants to you a non-exclusive, non-transferable, royalty-free, revocable license within the regions and countries in which BlackBerry 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 Branding Guidelines and solely for the purposes of your marketing and promotion of the App as permitted pursuant to the Vendor Agreement. Vendor agrees that his/her use of the BFB Logo shall inure to the benefit of BlackBerry. At BlackBerry's request, you shall supply BlackBerry 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 BlackBerry in advance; (ii) combine the BFB Logo with any other marks or create any composite marks; or (iii) do anything that would compromise BlackBerry'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 at developer.blackberry.com/builtforblackberry.

  8. REVOCATION OF DESIGNATION: If BlackBerry becomes aware of any technical, or other issue that affects the Apps' performance, breaches any security or privacy standards or otherwise compromises any BlackBerry standard as determined by BlackBerry in its sole discretion ("Deficiency" or "Deficiencies") and if such Deficiency(ies) may be able to be rectified by Vendor, BlackBerry will notify Vendor via email. Vendor will be given thirty (30) days to rectify the Deficiency(ies) in a manner that is satisfactory to BlackBerry ("Rectification Period"). Designation will be revoked during any Rectification Period. If the Deficiency(ies) is/are not resolved by the end of the Rectification Period, the Designation will remain revoked at the sole discretion of BlackBerry. 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 BW for any reason, any BFB Designation and any right to use the BFB Logo that has been assigned to that App will also terminate simultaneously.

  9. PROGRAM BENEFITS: Vendors who's Apps have been approved under the Program will have the benefit of holding a BFB Designation. Apps with such BFB Designation may have a higher profile to consumers in BW, Social Media, Digital Media, Direct Marketing and Channel Marketing. Vendors will be provided with BFB Logo and Branding Guidelines. Note that BlackBerry has no obligation to advertise or use your App in any marketing channels.

  10. NOTIFICATIONS: BlackBerry will use the Vendors contact information as displayed in BW Vendor Portal for correspondence. Vendors are required to keep their contact information current.

  11. GENERAL TERMS
  12. INTERNET: BlackBerry is not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected or undelivered 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. BlackBerry 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. BlackBerry 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 Programrelated materials.

  13. 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 BlackBerry, subject to applicable laws, BlackBerry may in its sole discretion cancel, terminate, modify or suspend the Program, or invalidate any affected Submissions. Additionally, BlackBerry reserves the right to cancel, terminate, modify or suspend the Program at its discretion. In the event of either such occurrence BlackBerry will post a notice on the Website and email Vendors.

  14. PRIVACY: Please see BlackBerry's Privacy Policy for details regarding the use of personal information collected in connection with this Program. By participating in the Program, Vendors agree to the collection and use of their personal information for the purposes of administering the Program. Except where prohibited by law, each Vendor grants (and agrees to confirm this grant in writing, if requested) permission for BlackBerry and those acting under its authority to use Vendor's name, photograph, biographical information, voice and/or likeness for advertising and/or publicity purposes in any and all media now known or hereinafter invented or developed without regional restrictions and without additional compensation, notification or permission, in perpetuity. In the event of any inconsistencies between this Agreement and the Vendor Agreement, the Vendor Agreement shall prevail.

  15. RELEASE: By participating in this Program, and to the extent permitted by applicable laws, Vendors agree: (a) to release BlackBerry and any third party retained by or on behalf of BlackBerry for the purposes of executing and administering the Program and each of their respective parents, affiliates, subsidiaries, retailers, distributors, sales representatives, distributors, advertising, Program 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 BlackBerry does not constitute a general waiver of any obligation to Vendors.

  16. 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, BlackBerry is a RIME Indemnified Party as defined in Section 14 of the Vendor Agreement

  17. PROGRAM TERMINATION: BlackBerry 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 fourteen (14) days notice. Such notice will be communicated via email directly to Vendors and will otherwise be posted on the Website. Upon such notice, Vendor's with BFB approved apps will have fourteen (14) days to continue using the BFB Logo, at which time, all Program Benefits will cease, all such use of the BFB Logo must stop and the Designation will be considered revoked.

  18. 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 nonconveniens 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.

  19. 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 BlackBerry 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

  20. 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.

  21. CONTACT: If you have any questions about this Program, please Contact: Built for BlackBerry Program: builtforblackberryprogram@blackberry.com.