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Update github-marketplace-developer-agreement.md (#16710)
Co-authored-by: Melanie Yarbrough <11952755+myarb@users.noreply.github.com> Co-authored-by: Lucas Costi <lucascosti@users.noreply.github.com>
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**THESE TERMS AND CONDITIONS (THE "AGREEMENT") GOVERN YOUR PARTICIPATION IN GITHUB’S MARKETPLACE PROGRAM. BY ENROLLING TO PARTICIPATE IN THE MARKETPLACE PROGRAM OR BY CLICKING “I ACCEPT” BELOW, YOU ARE CONFIRMING THAT YOU UNDERSTAND THIS AGREEMENT, AND THAT YOU ACCEPT ALL OF ITS TERMS AND CONDITIONS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THIS AGREEMENT, IN WHICH CASE “YOU” WILL MEAN THE ENTITY YOU REPRESENT.**
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Effective Date: July 21, 2020
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Effective Date: January 1, 2021
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### 1. DEFINITIONS
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**6.1** GitHub will be the merchant of record for Developer Products purchased by End Users via Marketplace.
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**6.2** Prices for Marketplace Listings of Developer Applications will be set in US Dollars (USD). Developer has complete control over setting pricing for each Listing, and once set, such pricing cannot be changed. You may retire a pricing plan for an existing Listing and add a new pricing plan for such Listing, provided that such new pricing plan shall not negatively impact existing End Users. The prices you set for Developer Products will determine the amount of payment you will receive. GitHub will remit 75% of the sale price in USD without reduction for Taxes except for any withholding taxes that are required under applicable law. The remaining 25% of the sales price will be allotted to and retained by GitHub. At the end of each month and upon reaching a minimum value of $500 USD, GitHub will remit your share of payments.
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**6.2** Prices for Marketplace Listings of Developer Applications will be set in US Dollars (USD). Developer has complete control over setting pricing for each Listing, and once set, such pricing cannot be changed. You may retire a pricing plan for an existing Listing and add a new pricing plan for such Listing, provided that such new pricing plan shall not negatively impact existing End Users. The prices you set for Developer Products will determine the amount of payment you will receive. GitHub will remit 95% of the sale price in USD without reduction for Taxes except for any withholding taxes that are required under applicable law. The remaining 5% of the sales price will be allotted to and retained by GitHub. At the end of each month and upon reaching a minimum value of $500 USD, GitHub will remit your share of payments.
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**6.3** Refund Requirements. You will be responsible for specifying the terms and conditions regarding refunds to your End Users. In no event shall GitHub be responsible for providing any support for refunds, nor shall GitHub be liable for payment of any refund.
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