Oracle Cloud Marketplace Multiparty Transactions Policy

First published: 16-January-26

Last updated: 16-January-26

This Multiparty Transactions Policy is incorporated into the Oracle Cloud Marketplace Agreement and sets forth the terms by which Oracle and eligible Oracle PartnerNetwork members may engage in certain multiparty transactions for Customers as described herein. Oracle may change this Multiparty Transactions Policy without notice at any time by posting an updated version to the Oracle Cloud Marketplace Partner Portal. All terms used but not otherwise defined in this Multiparty Transactions Policy shall have the meanings given to such terms in the Oracle Cloud Marketplace Agreement or in the Policies referenced therein.

As of the initial publication date of this Multiparty Transactions Policy, the multiparty transactions described herein are in limited availability status and may not be available to all Oracle Partner Network members that meet the requirements described herein.

  1. Definitions
    1. "ISV" means an Oracle PartnerNetwork member that (i) is a party to an active Oracle Cloud Marketplace Agreement under which it has the right to engage in Private Offers, (i) satisfies the Publisher Domicile requirements of the Territory Policy, and (i) seeks to enable a Reseller to offer such ISV's Marketplace Content to a Customer in accordance with the terms hereof.
    2. "Reseller" mean means an Oracle PartnerNetwork member that (i) is a party to an active Oracle Cloud Marketplace Agreement under which it has the right to engage in Private Offers, (ii) satisfies the Publisher Domicile requirements of the Territory Policy, and (iii) seeks to become enabled by an ISV to offer such ISV's Marketplace Content to a Customer in accordance with the terms hereof.
    3. "ISV-to-Reseller Private Offer" means a private offer by an ISV to a Reseller which identifies (a) the ISV's Marketplace Content which the Reseller will be authorized to offer to a Customer, (b) the Customer as to which the Reseller will offer the ISV's Marketplace Content, and (c) sets forth the amounts) that the Reseller shall owe to the ISV for such Marketplace Content in the event the Customer accepts the associated Reseller-to-Customer Private offer (the "ISV-to-Reseller Price"). For the avoidance of doubt, the ISV-to-Reseller Private Offer shall not dictate or otherwise disclose the Reseller- to-Customer Price for the associated Reseller-to-Customer Private Offer.
    4. "Reseller-to-Customer Private Offer" means a private offer by a Reseller to a Customer for the applicable IS's Marketplace Content which identifies (a) the ISV's Marketplace Content which the Reseller is offering to the Customer, and (b) the amounts) that the Customer shall owe to the Reseller for such Marketplace Content in the event the Customer accepts the Reseller-to-Customer Private Offer (the "Reseller-to-Customer Price"). For the avoidance of doubt, the Reseller-to-Customer Private offer shall not dictate or otherwise disclose the ISV-to-Reseller Price for the associated ISV-to- Reseller Private Offer.
    5. "Reseller Markup" refers to the amount, if any, by which the Reseller-to-Customer Price exceeds the ISV-to-Reseller Price. The functionality of the Oracle Cloud Marketplace does not permit the Reseller-to-Customer Price to be set lower than the ISV-to-Reseller Price.
    6. "settlement" refers to either (1) Oracle's receipt of payment from the Customer, in cases where Oracle has invoiced the Customer for payment of the relevant Paid Publisher Listing fees, or (2) Oracle's draw-down of prepaid Oracle PaaS and laaS Universal Credits ("Universal Credits") from the Customer's account, in cases where Oracle has allowed the Customer to redeem such Universal Credits towards the relevant Paid Publisher Listing fees.
  2. Multiparty Transaction Mechanics
    1. Roles. The terms "you" and "your", as used in a given party's Oracle Cloud Marketplace Agreement may refer to the ISV or Reseller, depending the role of such party. Oracle shall constitute the marketplace facilitator (i) to the Reseller in case of the Reseller-to-Customer Private Offer, and (il) to the ISV in the case of the ISV-to-Reseller Private Offer.
    2. Authorization. Functionality within the Oracle Cloud Marketplace enables (i) first, an ISV to authorize a Reseller to request an ISV-to-Reseller Private Offer from an ISV with respect to specified Marketplace Content and specified Customer, (ii) second, the ISV to evaluate such request and respond by electing to extend an ISV-to-Reseller Private Offer to such Reseller with respect to the same, and (il) third, such Reseller to extend to the Customer a Reseller-to-Customer Private Offer with respect to the same. The acceptance by a Customer of a Reseller-to-Customer Private Offer constitutes both a resale between Reseller and Customer (of the Reseller-to-Customer Private Offer) and a simultaneous sale between the Reseller and ISV (of the ISV-to-Reseller Private Offer).
    3. Transaction Proceeds Collection and Disbursement. Following settlement (as defined above) of applicable Transaction Proceeds with respect to a given Reseller-to-Customer Private Offer, and within the applicable timeframe set forth in the Oracle Cloud Marketplace Agreement, such Transaction Proceeds will be disbursed by Oracle as follows: (i) Oracle will retain the applicable Publishing Fees, which shall be based on the ISV-to-Reseller Price (for clarity, additional Publishing Fees are not charged based on the Reseller Markup), (ii) Oracle will disburse the Reseller Markup, if any, to the Reseller, and (il) Oracle will disburse the remaining Transaction Proceeds to the ISV. The disbursement defined above is subject to Oracle's obligation to charge, collect, and remit the tax, as defined in the Tax Policies.
    4. Territory. For the avoidance of doubt, the Reseller and ISV must each satisfy the Publisher Domicile requirements of the Territory Policy with respect to Private Offers, and the applicable Customer must satisfy the Customer Domicile requirements of the Territory Policy with respect to Private Offers
    5. Taxes. See the Tax Policies for information regarding the tax treatment of the transactions covered by this Multiparty Transactions Policy.
  3. Disclaimer

    Oracle is not a party to any agreement between the Reseller and ISV and makes no warranties with respect to any such agreement. Except as expressly stated herein, Oracle has no liability to either Reseller or ISV related to any ISV-to-Reseller Private Offer or Reseller-to-Customer Private Offer (such as in connection with any dispute between the Reseller and ISV).