This Tencent WeGame Game Removal Policy ("Policy") covers Developer's responsibilities regarding the removal and/or termination of Licensed Games from the Tencent WeGame Distribution Platform.
1.Defined Terms. As used herein:
(a)"Cease Sales" and "Ceasing Sales" means restricting all access to Developer's Licensed Game via the Tencent WeGame Distribution Platform other than to Existing Users, but where the Licensed Game's website is still generally available and remains searchable on the Tencent Distribution Platform.
(b)"Cessation Date" means the actual date of Ceasing Sales for the Licensed Game;
(c)"Existing Users" means End Users who have previously purchased the Licensed Game on or before the Cessation Date or Removal Date (as applicable);
(d)"Removal" means restricting all access to Developer's Licensed Game via the Tencent Distribution Platform other than to Existing Users, and removing access to the Licensed Game's website and eliminating the ability to search the Licensed Game from the Tencent Distribution Platform;
(e)"Removal Date" means the actual date of Removal of the Licensed Game;
(f)"Termination" means removing the Licensed Game from the Tencent Distribution Platform altogether such that no End-Users can receive access to the Licensed Game via the Tencent Distribution Platform;
(g)"Termination Date" means the actual date of Termination of the Licensed Game; and
(h) All other capitalized terms not defined herein are as defined in the Tencent WeGame Distribution Agreement available at https://developer.wegame.com/agreements/wegame_distribution_agreement_en.html("Distribution Agreement").
2. Cessation of Sales.
(a) Right to Cease Sales. Developer may Cease Sales of its Licensed Game from the Tencent Distribution Platform upon written notice to Tencent.
(b) Cessation Process. After Ceasing Sales (and until Termination): (i) Developer must continue to make the Licensed Game and its functionalities available to the Existing Users so that such Existing Users are capable of continuing to use the Licensed Game uninterrupted and in the same capacity as prior to the Removal of the Licensed Game from the Tencent Distribution Platform; (ii) the website for the Licensed Game will remain available and the Licensed Game will remain searchable on the Tencent Distribution Platform; and (iii) no End Users that are not Existing Users will be able to purchase the Licensed Game or DLC for the Licensed Game. In the event that Developer's Licensed Game supports the purchase of DLC using Game Virtual Currency, Developer must allow Existing Users to continue to make such in-game purchases until thirty (30) days' prior to any Termination.
(c) Continued Payments. Between the Cessation Date and the Termination Date, Tencent will continue to pay Developer any applicable fees associated with Developer's Licensed Game pursuant to the Agreement.
3. Right to Remove. Developer may request Removal of its Licensed Game from the Tencent Distribution Platform by making a written request of Tencent ("Removal Request"). Subject to the terms of this Removal Policy, Tencent will Remove Developer's Game within thirty (30) days' of receipt of the Removal Request.
(a) Removal Process. After Removal (and until Termination): (i) Developer must continue to make the Licensed Game and its functionalities available to the Existing Users so that such Existing Users are capable of continuing to use the Licensed Game uninterrupted and in the same capacity as prior to the Removal of the Licensed Game from the Tencent Distribution Platform; (ii) the website for the Licensed Game will no longer be available and the Licensed Game will not be searchable on the Tencent Distribution Platform; and (iii) no End Users that are not Existing Users will be able to purchase the Licensed Game or DLC for the Licensed Game. In the event that Developer's Licensed Game supports the purchase of DLC using Game Virtual Currency, Developer must allow Existing Users to continue to make such in-game purchases until thirty (30) days' prior to any Termination.
(b) Continued Payments. Between the Removal Date and the Termination Date, Tencent will continue to pay Developer any applicable fees associated with Developer's Licensed Game pursuant to the Agreement.
4.Termination by Developer.
(a)Termination Request & Process. Developer must notify Tencent at least 3 (three) months in advance of any proposed Termination Date (a "Termination Request"). Developer's Termination Request must include the following information: (i) reason for Termination from Tencent Distribution Platform; and (ii) Developer's proposed date of Termination on which Developer will cease to make the Licensed Game available via the Tencent Distribution Platform. Notwithstanding the Termination Request or any notice duration Developer provides: (x) any Termination and wind-down of the Licensed Game must be in compliance with applicable laws and regulations, and (y) Tencent may, in its sole discretion, impose process requirements for Developer prior to Termination of the Licensed Game. Developer must comply with all of such process requirements prior to Termination of the Licensed Game.
(b)Termination Announcement. Developer must, at least 30 days prior to Developer's Termination of the Licensed Game: (a) disable the ability of Developer's Existing Users to make purchases within Developer's Licensed Game; and (b) post a notice within the Licensed Game and on the applicable website of the Licensed Game, if any, to Existing Users notifying them that the Licensed Game will be Terminated. Such notices must continue until Termination of Developer's Licensed Game.
5.Involuntary Removal/Termination.
(a)Applicability. Without limiting any other Tencent rights (including but not limited to Tencent's rights in the Distribution Agreement), Tencent may Cease Sales, Remove, or Terminate with respect to Developer's Licensed Game with or without prior notice to Developer, in Tencent's sole discretion, if: (i) Developer or the Licensed Game breaches or violates any agreement between Developer and Tencent; or (ii) if the Licensed Game violates any law or regulation, or infringes, or is subject to a complaint by a third party regarding, any third party's intellectual property rights.
(b)Notice to Existing Users. Tencent may issue an announcement notifying Existing Users of the Termination of such Licensed Game, or may require Developer to do so instead, including by posting such notice to the applicable website of the Licensed Game.
6. Refund.
Upon Termination, Developer must refund unused in-game Game Virtual Currency and DLC that has not been consumed or activated back to the purchasing Existing-User, pro-rata based on the amount of Game Virtual Currency and DLC that has not been consumed used or activated. For example, if an Existing User purchased 100 in-game coins for $20 USD and only used 50 of them, $10 USD must be refunded back to such Existing User. Such refund will be processed in a currency prescribed by the applicable law, or in a manner accepted by the Existing Users. In the event that an Existing User requires a refund for any unused Game Virtual Currency or unconsumed/non-activated DLC directly from Tencent, Tencent may, in its sole discretion, direct the Existing User to Developer and Developer will process such refund, or Tencent may directly refund the Existing User. If Tencent directly refunds the Existing User, Developer will reimburse Tencent (or Tencent may deduct from any outstanding balance Tencent owes Developer) the Developer Revenue Share for that particular Purchase. In the event of a conflict between Developer's refund obligations under this Policy and any applicable refund policy Developer offer to Existing Users, the most-favorable refund policy shall prevail.