US definitions

Account Mapping Tool	means a software used to verify potential new contacts and Leads eligible for a Referral Fee.
Affiliate	means any parent, subsidiary, or other entity that controls, is controlled by or is under common Control of a Party. For the purposes of this definition, Control means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, (ii) direct or indirect ownership of more than fifty percent (50%) of the outstanding shares or beneficial ownership of such entity or (iii) identity of managers and executives between the respective entities, where no other connection exists.
Annual Partner-Fee	means the Partner Fee due and payable to Shopware at the beginning of the year as a condition for Partner’s access to and use of the Shopware Store and other services set out herein. The Annual Partner Fee is calculated per calendar year and pro-rated for Partners whose partnership starts in the middle of the year or who change Partnership Level, as specified in an Annex or Exhibit to an agreement.
API	means an Application Programming Interface
App	means a software product or extension available through the Shopware Store.
App Release	means the release or availability for purchase of an App on the Shopware Store subject to Shopware’s prior approval.
App System	means extensions developed on the App System which can be used both in self-managed Shopware licenses and in Cloud Shopware licenses, by store operators.
Badge	means a digital or electronic symbol for use online indicating the Partner’s status as a Shopware Partner (Silver, Gold or Platinum Partner).
Billing Start Date	means the first date payment for the Software or Services is due, as specified in an Order Form.
Bugfix	means a software package contains one or more files intended to fix a software problem or bug.
Bypass	means a temporary bridging of a defect in the standard software without interfering with the code (source or executable code).
CHAMP methodology	means Challenges, Authority, Money, and Prioritization, focusing on the Lead’s Challenges, getting to know the person at the Lead who is authorized to act on behalf of the Lead, understanding the Lead's available budget, and getting to know the Lead’s priorities.
Confidential Information	means all information, data, technology, know-how, inventions, discoveries, designs, processes, formulations, models, reports, trade and business secrets, personnel, payroll, tax, financial, credit, and accounting information, and information regarding planning, purchasing, selling, marketing, and personnel and customer relations (including the business relationship between the parties), techniques, specifications, object or source code and any other non-public information belonging to or in the possession of the disclosing party, any of its Affiliate(s) or any third party to which the disclosing party and/or any of its Affiliates has/have an obligation of confidentiality, which is supplied to or obtained by the recipient party whether in writing, orally or by observation, whether such information is disclosed before or after the execution of this Agreement, and whether or not marked as confidential.
Commission	means a performance-related payment for services rendered, which can be a percentage of fees or revenue owed and payable to Shopware based on sales of an App or Extension through the Shopware Store.
Components	means parts of the Software developed or delivered by Shopware or the Partner.
Data Processing Agreement	means the Shopware Data Processing Agreement based on the Commission implementing decision (EU) 2021/915 of June 4, 2021 available at https://www.shopware.com/en/privacy/dpa/
Default Commission	means the minimum Commission owed to Shopware in case of incomplete reporting or no reporting of sales data.
Documentation	means the documents available at https://docs.shopware.com/en or elsewhere at shopware.com and https://github.com/shopware including the feature list for each Software describing the functions and functionality of the Software Partner has licensed.
Extension	means a software extension that extends the performance features of Shopware’s standard software, in particular plugins, modules, apps, or interfaces. Extensions can be created to be compatible with SW5, or with SW6. Extensions are not compatible with SW Cloud products.
Fees	means the amounts due to Shopware during the Term for Partner’s use of the Software as well as for any Services Shopware renders as further specified in an Order Form. Unless otherwise specified in an Order Form, the Fee for use of the Software is based on the GMV Allowance.
First Run Wizard	means a pop-up window, which is displayed to merchants directly after installing a Shopware license. Included are extensions of the STPs (depending on the partner level), which can be installed directly from there. Only free extensions can be presented.
GMV	means the gross merchandise value or volume per year conducted by Partner and the basis for the Commission.
GMV Allowance	means the actual gross value/volume of the merchandise included for a Software a service or plan and is the specific amount of transactions charged by Partner using the Software per year plus an overage of five percent (5%).
Integration Partner	means Partners whose core business is the development and implementation of online store projects. In some cases, additional services are offered, such as consulting and development of extensions and interfaces.
Intellectual Property Rights	means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.
Law	means any statute, law, ordinance, regulation, rule, code, order, constitution, treaty, common law, judgment, decree, or another requirement of any federal, state, local, or foreign government or political subdivision thereof, or any arbitrator, court or tribunal of competent jurisdiction.
Lead	means a potential new customer.
Lifetime	means the whole duration of the relationship between the Partner and the Partner’s paying customer referred or introduced by Shopware as the basis for Referral Fees. If the respective customer terminates the contractual relationship with Partner, the obligation to pay Referral Fees ceases.
Maintenance	means measures to preserve and restore the target state and identify and assess the actual situation of Software as specified in an Order Form or other written agreement.
Merchant	means third party online store operators who use, or potentially will use, a Shopware license.
Object Code	means a software in binary form which is a form of computer programs not convenient to human understanding of the program logic but which is appropriate for execution or interpretation by a computer.
Order Form	means a document referencing an Agreement and further specifying relevant details like which Version of the Software at which terms Partner is licensing, as well pricing, scope and terms of any Support or other Services Partner is purchasing.
On-premises / Self-managed	means a licensing and usage model for computer programs installed by the licensee in its own IT environment.
Open Source Software	means any standardized software components developed and distributed free of charge by Shopware and third parties not necessarily licensed under open source licenses, delivered in third-party Source Code which may be amended from time to time and are available at https://www.shopware.com/en/community/community-edition/
Partner Account	means Partner’s account on Shopware’s website allowing Partner to list its extension and making it available for Shopware users.
Partner Listing	means the area in the "Product" submenu on the Shopware website, where the STPs, with their company profiles, are displayed.
Partner Portal	means the area in the Shopware account where STPs can enter their company profile and apply for events.
Patch	means a bypass, update, upgrade, and release/version, including any related documentation, or a modification of the Software to fix a specific problem.
Person	means an individual, corporation, partnership, joint venture, limited liability company, governmental authority, unincorporated organization, trust, association or other entity.
Points	means the points awarded to Gold or Platinum Partners for certain activities or milestones defined in the Marketing Development Fund Point System.
Purpose	means use of the Software by Partner or a customer to process business transactions in its online shop as further set out herein.
Plugin-system	means the system for extensions to be used only for self-managed licenses.
Reaction Time	means a period of time after which the fault or defect rectification work should be started. The period begins with the receipt of the fault or defect report within the agreed service times.
Referral Fees	means the fees earned for the successful referral of new customers to Shopware.
Release/Version	means a new stage of development of standard software differs considerably from the previous release or version of the function and range of data. A Release or Version is specified in the Documentation at the Effective Date. Shopware does not guarantee the availability of a Version not chosen by Partner. Currently available versions are https://docs.shopware.com/en/shopware-6-en/plans/shopware-rise, https://docs.shopware.com/en/shopware-6-en/plans/shopware-evolve or https://docs.shopware.com/en/shopware-6-en/plans/shopware-beyond.
Roadmap	means a summary of milestones related to goal planning and actions to achieve goals, for the annual partnership.
Services	means support, maintenance, hosting, installation or other services rendered to Partner by Shopware as further specified in an Order Form.
Service Times	means the period of time during which the Partner is entitled to contractually owed services.
Shopware Account	means the account which is the central hub for all services related to the operation of Shopware.
Shopware Store	means the online sales channel operated by Shopware at https://store.shopware.com/en/, where extensions from partners, third-party vendors and Shopware, are distributed with commercial intent.
Software	means the standard software and custom software, either Shopware RISE, Shopware EVOLVE, or Shopware BEYOND, which the Partner is licensing under an agreement as further specified in the Order Form and Documentation, which are explicitly incorporated by reference herein.
Software Installation	means installation services rendered by Shopware to install and set up the Software, integrate or couple it with other programs, subject to the Parties written agreement herein.
STP	means Shopware Technology Partner
Support	means certain services rendered by Shopware or third parties at the request of Partner or as set out in an Order Form providing certain services for the Software and its functioning. Access to Support is offered through a ticketing system. The respective level of Support Services rendered (Professional, Enterprise, Elite) is subject to a written agreement between the Parties.
Taxes	means any and all present or future taxes, levies, imposts, duties, deductions, charges or withholdings imposed by any governmental authority.
Term	means twenty four (24) months from the Effective Date and any renewal thereof unless otherwise specified in an Order Form or related agreement.
Territory	means the United States of America.
Ticket System	means a ticket system is an IT system with the help of which messages and requests can be received, classified, confirmed, and processed to answer or solve the problem. Their progress can be observed and monitored. The ticket system confirms the receipt of the message.
Token	means an identification key that enables the clear assignment of certain values to a partner which Shopware sends the token to the partner in a separate mail. This token is required for the implementation of the automated reporting interface.
Update	means changes, bug fixes, patches, and/or fault fixes and minor functional improvements if necessary and/or modification of the standard software generally indicated by changes in the numbering of the decimal numbers.
Upgrade	means changes, bug fixes, patches, updates, fault fixes, bundling of multiple defects and/or fault fixes and more functional than minor enhancements and/or modification of the standard software generally indicated by changes in the numbering of the first numbers, a new version.
User	means the person who has the right to use the Software.
Value Points	means points that the Partner receives for its implemented marketing activities and which may be used to pay for certain marketing activities within the framework of the Marketing Development Fund.
Wildcard	means a test environment can be created in the manufacturer area of the SW account to test and further develop the extensions in a SW environment after the first App release.