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Developer Application

PROVIDING FALSE, INCOMPLETE, MISLEADING, OR OTHERWISE INACCURATE INFORMATION IS SUFFICIENT REASON FOR YOUR APPLICATION TO BE REJECTED.


Overview:

Step 1 is to enter your information below, and read and understand the NDA terms.

Step 2 is to review the information you've entered, and accept the NDA terms.

After Step 2 is completed, you will receive a Confirmation Email.

Step 3 is for Nintendo to review the information. After a 4 - 6 week review process, Nintendo will provide an Approval or Non-Approval email, as appropriate.

This completes the Developer Application process.


Useful tips:

You will receive a Confirmation Email via support@noa.com when the application is received by Nintendo.

The browser session will time-out after 60 minutes. We would recommend to gather the Required Information in advance, before starting the submission process.

Because the NDA is embedded in the Developer Application, an Officer of the Company must submit the Developer Application. Or, the Officer may designate an employee of the Company as Main Contact, who will submit the Developer Application, and include the Officer's Name, Job Title, email address in the Developer Application.

The Parent Company field is for reference, and will not be a Party to the Agreement. If the Parent Company needs to be Party to the Agreement, an Officer of the Parent Company should submit a DevApp, and include the Subsidiary Company as a Party to the Agreement.

When including the Game Industry Credits for Principals of the Company, it is best to include the job title or type of credit. If there are numerous credits, please list most significant, or the most recent. You do not need to include every credit.


(* this is a required field)

* Legal Company Name ("Company"):
( including Inc., LLC, Ltd. )
Role of Company:
Other:
* Registration Number
( Federal Tax ID Number/VAT Number/equivalent )
( for Sole Proprietorships, enter "SSN". Do not list any actual SSNs):
* Type of Company: Other:
* Company Web Site:
* Company Email Domain:
Warioworld account requests, and communications with Nintendo must use an email address with this email domain. Only one email domain per Company.
Free email accounts are NOT PERMITTED.
( @hotmail.com, @yahoo.com, @gmail.com, @att.net, etc. )
* Total Number of Employees:


If you have changed your Legal Company Name since your last Authorization by Nintendo, or if the previously Authorized Company is no longer operating and you are starting a new one, please check here:
Please explain the relationship between the old and new companies here, and list the Legal Company Name to be deactivated (2,000 character limit). This field is * Required if you marked the above checkbox:


Legal Company Address, where the Company is Registered/Incorporated
* Address 1:
Address 2:
* City: State:
Zip Code/Postal Code: * Country:
* Phone:

If the Legal Address, Business Address, and Development Address are the same location, then check this box:

( You do not have to enter the information multiple times. )


Business Address, where Warioworld accounts will be issued, or where Development takes place, or where Nintendo Confidential Information will be kept.

Address 1:
Address 2:
City: State:
Zip Code/Postal Code: Country:
Phone:

If the Business Address and Development Address are the same location, then check this box:

( You do not have to enter the information twice. )



Development Address, where Warioworld accounts will be issued, or where Development takes place, or where Nintendo Confidential Information will be kept.

Address 1:
Address 2:
City: State:
Zip Code/Postal Code: Country:
Phone:  


Nintendo requires a Secure Business Location to protect our Confidential Information. Confidential Information includes, but is not limited to, Warioworld accounts, development equipment, all materials downloaded from Warioworld.
A Secure Business Location is defined as:
A secure, lockable area within the workspace to ensure the security of all Nintendo confidential information (including, without limitation, all development tools from Nintendo).

 
If the Legal Address above is a Secure Business Location, then check this box:

Please describe how the workspace is secured, so that Nintendo can confirm that this is a Secure Business Location. If this is a commercial business office, you may enter "Commercial Office". (2,000 character limit)


If the Business Address above is a Secure Business Location, then check this box:

Please describe how the workspace is secured, so that Nintendo can confirm that this is a Secure Business Location. If this is a commercial business office, you may enter "Commercial Office". (2,000 character limit)


If the Development Address above is a Secure Business Location, then check this box:
Please describe how the workspace is secured, so that Nintendo can confirm that this is a Secure Business Location. If this is a commercial business office, you may enter "Commercial Office" . (2,000 character limit)


The NDA is contained within this Developer Application. In order to bind the Company to the NDA, an Officer of the Company must submit the DevApp. However, the Main Contact may submit the DevApp at the direction of an Officer of the Company, as long as that Officer is listed below.
The Main Contact and the Company Officer(s) listed below will receive email copies of this Application and the Click-Thru NDA.

 
* Company Officer:
* Company Officer's Email Address:
( Must use the Company Email Domain )
* Company Officer's Job Title:

 

Company Officer:
Company Officer's Email Address:
( Must use the Company Email Domain )
Company Officer's Job Title:

 

* Name of Main Contact:
* Main Contact's Email Address:
( Must use the Company Email Domain )
* Main Contact's Job Title:

 

* Please list the Parent Company. They will not be party to this NDA. If they will require access, the Parent Company must submit a Developer Application. (2,000 character limit)

NOTE: If None, please indicate N/A.

* Please list any Subsidiaries ( more than 50% ownership ) of the Company. If listing a Subsidiary, please include the Legal Company Name. (2,000 character limit)

NOTE: If None, please indicate N/A.

NOTE: Affiliated companies which share the same Parent Company can be listed, but cannot be Party to this NDA.


* Please include the Secure Business Location for any Subsidiaries where Warioworld accounts will be issued, or where Development takes place, or where Nintendo Confidential Information will be kept.

 
Address 1:
Address 2:
City: State:
Zip Code/Postal Code: Country:
Phone:  

If you want to add additional Subsidiary locations, please send the information in email to support@noa.com.


If Subsidiary Address above is a Secure Business Location, then check this box:
Please describe how the workspace is secured, so that Nintendo can confirm that this is a Secure Business Location. If this is a commercial business office, you may enter "Commercial Office" . (2,000 character limit)


*What platform are you applying for?

NOTE: You may select several platforms, but you will be evaluated based upon the Game Experience provided below.

Wii U and Wii U eShop
Nintendo 3DS and Nintendo eShop
Wii
DS, DSi
* Please list the Company's released console or retail PC games, including Game Title, Platform, Release Date (2,000 character limit):

NOTE: If None, please indicate N/A.

* Please list the Company's released handheld games, including Game Title, Platform, Release Date (2,000 character limit):

NOTE: If None, please indicate N/A.

* Please list the Company's digitally-released games, including Game Title, Platform, Release Date (2,000 character limit):

NOTE: If None, please indicate N/A.

* Please list the relevant game industry credits on console or PC platforms for Principal Members of the Company, including Game Title, Platform, Release Date, Company, Job Title (2,000 character limit):

NOTE: If None, please indicate N/A.

* Please list the relevant game industry credits on handheld platforms for Principal Members of the Company, including Game Title, Platform, Release Date, Company, Job Title (2,000 character limit):

NOTE: If None, please indicate N/A.

* Please list the relevant game industry credits on digitally-released games for Principal Members of the Company, including Game Title, Platform, Release Date, Company, Job Title (2,000 character limit):

NOTE: If None, please indicate N/A.

If this DevApp is for a current or pending project for a Nintendo Authorized Publisher (3rd Party Licensee), please check here:

NOTE: A Licensee is a Publisher who has signed a Licensing Agreement with Nintendo.

Please indicate the Nintendo Publisher, Contact Name, Email Address, Job Title, Game Title ( if announced, otherwise enter "TBA" ), and Release Date (2,000 character limit). This field is required if you marked the above checkbox:
* Please list any subcontractors or external companies that you anticipate will aid in development. Please describe how they will assist in development. If these companies require access to Dev Kits or Nintendo Confidential information, they must complete a Developer Application. (2,000 character limit)

NOTE: If None, please indicate N/A.

Please use this space to provide any other information which does not match the categories above. (2,000 character limit)


Non-Disclosure Agreement

In order to protect certain Confidential Information (as defined below) and in consideration of the covenants and promises contained in this Agreement and in the Application, Company, hereby agrees:

  1. Company. "Company" means the entity listed on the Application and submitting this Non-Disclosure Agreement ("Agreement"). Company represents and warrants that it has the authority to enter into this Agreement and to bind any and all Subsidiaries (defined below) listed on the Application and that Company shall be responsible for any breach of this Agreement by such listed Subsidiaries. Company may not modify its list of Subsidiaries on the Application without the prior written approval of Nintendo. "Subsidiaries" means another entity that directly or indirectly through one or more intermediaries is controlled by Company. Control, for purposes of this Agreement, means having ownership of a majority of the outstanding voting stock or other securities in an entity.
  2. Effective Date. The Effective Date of this Agreement is the date Company clicks to submit this Agreement.
  3. Agreement. The Agreement applies to all Confidential Information disclosed by or on behalf of Nintendo of America Inc., its parent company, or any of their Subsidiaries ("Nintendo"). Company understands Nintendo may now market or be developing products or services that may compete with products or services marketed or under development by Company. Any communications between Nintendo and Company will not affect Nintendo's right to develop, make, use, procure and/or market products or services now or in the future that may compete with those offered by Company, or require Nintendo to disclose any information to Company. Subject to the obligations of this Agreement, neither party is precluded from independently developing technology or pursuing business opportunities similar to those contemplated by the parties' business relationship.
  4. Confidential Information. "Confidential Information" means information provided to Company by Nintendo, or a third party under a confidentiality obligation to Nintendo, in oral, demonstrative, written, graphic or machine-readable form, relating to Nintendo products, services or business, including but not limited to: (a) information, know-how, techniques, methods, concepts, ideas, development tools or kits, emulator boards, specifications, prototypes, or trade secrets; (b) patent applications and information related thereto; (c) business, marketing, customer or sales plans, strategy or information; (d) development, design, operation, or manufacturing information; (e) information received from others that Nintendo is obligated to keep confidential; (f) passwords, access or security codes necessary to access or use Nintendo's secure websites, news groups, developer conferences or similar collaborative or teaching sessions, and any information contained therein; and (g) this Agreement and its terms and conditions, and any communications related thereto.
  5. Location. Company will keep the Confidential Information only at its secure location(s) and its Subsidiaries secure location(s) approved by Nintendo.
  6. No Use of Name. Company will not issue or release any articles, advertising, publicity or other matter relating to any Confidential Information or mention or imply any relationship with Nintendo, except with Nintendo's prior written approval or as may be required by law (and then only after providing Nintendo an opportunity to review and comment thereon).
  7. Term and Purpose. This Agreement remains in effect until terminated by either party with at least ten (10) days prior written notice. The terms and conditions of this Agreement shall survive any such termination with respect to Confidential Information disclosed prior to the effective date of termination. Company may use Confidential Information only for the purpose of and in connection with the parties' business relationship.
  8. Return of Information. Upon termination or Nintendo's prior request, Company will immediately cease using the Confidential Information and destroy, or at Nintendo's option return, tangible forms thereof. Upon request, Nintendo may audit Company to confirm, or request that Company certify in writing, that all such Confidential Information has been so returned or destroyed.
  9. Protection of Information. Company agrees to use at least the same degree of care as it uses with its own similar information to protect the Confidential Information, but in no event less than a reasonable degree of care, and agrees in particular that it will (a) only use Confidential Information as authorized by this Agreement; (b) communicate or disseminate Confidential Information only to those employees and contractors of Company and its Subsidiaries listed in the Application working at the secure location(s) referred to in Section 5 above with a need to know who have entered into obligations of confidentiality at least as restrictive as those imposed by this Agreement; and (c) not publish Confidential Information. If Company has reason to believe that there has been unauthorized use or disclosure of Confidential Information, it shall immediately notify Nintendo. Subject to the requirements of this Section 9, Company may disclose Confidential Information to its Subsidiaries, provided that Company shall remain fully responsible, and assume all liability for, any unauthorized use or disclosure of Confidential Information by any such entity.
  10. No Reverse Engineering. Company will not directly or indirectly reverse engineer, or aid in the reverse engineering of, all or any part of the Confidential Information that includes hardware, software, controller, development tools, or kits, provided, however, if Company is a company engaged in activity within the European Economic Area ("EEA") specifically governed by EEA law, Company may engage in such activity to the extent expressly permitted under applicable EEA laws and regulations.
  11. Exclusions. This Agreement imposes no obligation upon Company with respect to Confidential Information that (a) was in Company's possession before receipt from Nintendo or a third party under confidentiality obligations with Nintendo; (b) is or becomes publicly available through no fault of Company; (c) is rightfully received by Company from a third party not under a duty of confidentiality; (d) is disclosed by Nintendo to a third party without any confidentiality obligations; (e) written records establish was independently developed by Company without a breach of this Agreement; or (f) is disclosed by Company with Nintendo's prior written approval. If a government body or court of law requires Company to disclose Confidential Information, Company will give Nintendo reasonable advance notice so that Nintendo may contest the disclosure or seek a protective order.
  12. Disclaimers. Nintendo assumes no responsibility or liability relating to the Confidential Information. ALL CONFIDENTIAL INFORMATION IS PROVIDED "AS IS", WITH NO WARRANTY OF ANY KIND.
  13. No Obligation. This Agreement imposes no obligation on Nintendo to provide Company with Confidential Information or on either party to purchase, sell, license, transfer or otherwise make use of any technology, services or products, or enter into any further business relationship.
  14. Compliance with Laws. Company will adhere to all applicable laws, rules and regulations relating to use, disclosure, copying, dissemination or distribution of the Confidential Information, including but not limited to all laws, rules and regulations relating to Nintendo's proprietary rights and to the export of any technical data included in such Confidential Information.
  15. Ownership. No license or conveyance of any rights under any patent, copyright, trade secret, trademark or any other intellectual property right is granted under this Agreement except the limited rights necessary to carry out the purpose as set forth in this Agreement.
  16. Remedies. Company will indemnify and hold Nintendo harmless from any liability arising out of Company's breach of this Agreement. Company acknowledges that damages for improper disclosure of Confidential Information may be immediate or irreparable; therefore, Nintendo is entitled to seek equitable relief, including temporary or permanent injunctive relief, in addition to all other remedies available at law or in equity.
  17. Governing Law/Venue. Company acknowledges that this Agreement is made under, and will be construed according to, the laws of the state of Washington, and venue for any action to enforce this Agreement shall be in King County, Washington.
  18. Miscellaneous. The obligations and duties imposed by this Agreement with respect to any Confidential Information may be enforced by Nintendo against Company and any person or entity receiving Confidential Information from Company. This Agreement does not create any agency or partnership relationship. This Agreement may not be assigned or transferred without Nintendo's prior written consent. Any addition or modification to this Agreement must be in writing, signed by Nintendo. If any provision of this Agreement is found to be invalid or unenforceable in whole or in part, the remaining provisions of this Agreement shall remain valid and enforceable to the maximum extent compatible with existing law. Company acknowledges that, by clicking to submit its Application, this Agreement shall be binding upon Company.

Before submitting, you will be able to print a copy for your records. You will also be emailed a copy for your records. Please make sure that noa.com, nintendo.com and nintendo.de are all whitelisted in whatever spam filter you may have, as this will help ensure that our email confirmations will make it to you. If you need further assistance or have a question about applying for Developer status, contact us at this email address: support@noa.com




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