Amazon Dash Replenishment – Program Requirements

These DRS Program Requirements are part of the Amazon Developer Services Agreement (the “Agreement”). Capitalized terms used, but not defined, in these DRS Program Requirements have the meanings given in the Agreement. You must ensure that you, your use of the DRS Service, and all of your DRS Products comply with these DRS Program Requirements at all times. These DRS Program Requirements will continue to apply for so long as the DRS Service is available through your DRS Products.

1. General Product Requirements

You must comply with the Alexa Device Requirements.

2. DRS Service Requirements

You agree that in connection with your (and your DRS Products’) use of the DRS Service:

1. you will include all the features and functionality we make available through the DRS Service for your DRS Product and you will not remove, disable, modify or interfere with any of its features or functionality unless using the configuration options we make available to you;

2. you will promptly (and in any event within any timeframes we specify) update the DRS Materials incorporated into or accessed by your DRS Products with any updates we require, as well as update your DRS Products as necessary to remain compatible with the updated DRS Materials;

3. we will select, in our sole discretion, the products available for purchase through your DRS Products via the DRS Service;

4. if any of your own consumables are available for purchase through your DRS Products via the DRS Service (but not including consumables you sell using Fulfillment by Amazon), you (i) will maintain an active and good standing vendor account through Amazon's Vendor Central, (ii) will offer each of those consumables for sale to us on a non-discriminatory basis under the terms of your vendor agreement with us, (iii) will not impose any minimum order or similar requirements on us unless we have agreed otherwise in your vendor agreement, and (iv) will maintain order fill rates of at least 95% for orders placed by us for those consumables;

5. you will not facilitate or provide access to the DRS Service through any means other than through the integration methods and the authentication methods we specify;

6. you will not charge any fees to any end user for access to or use of the DRS Service (e.g., subscription fees for DRS Service), however you may charge for your DRS Products;

7. upon request from us and at your own expense, you will include (i) markings on the outer packaging of each of your DRS Products that prominently indicates your DRS Product’s compatibility with the DRS Service (e.g., “Powered by Amazon Dash Replenishment”) and (ii) in-box documentation with each of your DRS Products related to the DRS Service;

8. you will display or otherwise provide to end users any copyright, patent, trademark, and other proprietary or attribution notices and any other notices, terms and conditions that we may provide to you or that you may be required to provide to end users, including based on your use of third party “open source” software or other third party intellectual property in any of your DRS Products;

9. you will not (i) misrepresent your identity or the origin of your DRS Product, (ii) mask your usage in connection with your use of the DRS Service, or (iii) provide your developer credentials to any third party;

10. you will not use the DRS Service for any activity where the use or failure of the DRS Service could lead to death, injury, or property damage;

11. you (i) will implement all reasonable security measures to ensure that no third party may gain unauthorized access to the DRS Service, DRS Materials, or any confidential information or end user information and (ii) will immediately notify us if you suspect or become aware of any unauthorized access to the DRS Service or any of the information or materials referenced above; and

12. if you stop using the DRS Service, you will delete any information about end users that you have received from the DRS Service.

3. Approval of Your Product

1. Approval Process. For each of your DRS Products, you will not in any jurisdiction, (a) make available the DRS Service for use in connection with that product, (b) market or advertise that product as capable of using the DRS Service, or (c) distribute any DRS Materials on or otherwise in connection with that product (such actions in (a), (b), and (c), individually and collectively, “DRS Commercialization”), unless and until (i) you submit a proposed commercial version of that product that includes access to the DRS Service for review by us and (ii) we have approved in writing (email sufficient) the use of the DRS Service in connection with that product in that jurisdiction (such written approval, “DRS Approval”, and such approved product, an “DRS Approved Product)”. We will not owe you any DRS Referral Fees for any DRS Product that is not a DRS Approved Product.

2. Modification of Approved Products. If you plan to modify any DRS Approved Product in any manner that results in more than an immaterial change to how that product accesses or uses the DRS Service, you will first disclose such proposed modification(s) to us in writing and, if required by us, re-submit the so modified DRS Approved Product for DRS Approval before DRS Commercialization of that product. By way of example, and without limiting the foregoing, each of the following changes to a DRS Approved Product is more than an immaterial change: (a) any change to the user experience relating to registering for, accessing, or using the DRS Service in connection with that product, and (b) if you are permitted or required (pursuant to the Agreement) to collect any usage metrics or related data regarding the DRS Service in connection with that product, any change in your collection of those usage metrics or related data.