Unless defined elsewhere in the Agreement, capitalized terms set out in the Agreement are defined as follows:
“Ads” means advertisements created by Developer and placed in the Shopify App Store through the features set forth in the Partner Dashboard.
“Application” or “App” is defined in the Shopify API Terms.
“Associated Developer” means any individual or entity (i) that, directly or indirectly, Controls an App Developer, is Controlled by an App Developer, or is under another individual’s or entity’s common Control with an App Developer (where "Control" means owning 50% or more of the voting rights or ownership interests in the entity); or (ii) is otherwise designated as an Associated Developer of an App Developer through certain other criteria prescribed by Shopify, at its sole discretion, from time to time.
“Associated Developer Account” means (i) all Partner Accounts that an App Developer has registered for via the Shopify Developer program page; and (ii) any Partner Account that an Associated Developer of an App Developer has registered for via the Shopify Developer program page.
"Associated Theme Developer" means any individual or entity (i) that, directly or indirectly, Controls a Theme Developer, is Controlled by a Theme Developer, or is under another individual’s or entity’s common Control with a Theme Developer (where “Control” means owning 50% or more of the voting rights or ownership interests in the entity); or (ii) is otherwise designated as an Associated Developer of a Theme Developer through certain other criteria prescribed by Shopify, at its sole discretion, from time to time.
“Associated Theme Developer Account” means (i) all Partner Accounts that a Theme Developer has registered for via the Shopify Developer program page; and (ii) any Partner Account that an Associated Theme Developer of a Theme Developer has registered for via the Shopify Developer program page.
“Channel Program” means Shopify’s sales channel program that allows Channel Developers to build a Channel Application using the Sales Channel SDK.
“Customer” means any individual that visits or transacts via the Merchant Store.
“Customer Data” means information (including personal information) relating to a Customer, including, but not limited to, order information, payment information, and account information.
“Development Store” means a store created in the Partner Dashboard that is used by a Partner for (a) testing purposes, or (b) for the development and transfer of a Merchant Store to a Merchant.
“Experts Directory” means Shopify’s directory of Experts which allows Merchants to browse and contact Experts.
“Experts Marketplace” means Shopify’s program for Experts that surfaces Expert profiles on Experts Marketplace and may match enrolled Experts with Merchants seeking assistance with their business.
“Merchant” means an individual or business that uses the Service to sell products or services.
“Merchant Agreement” means the agreement entered into between a Partner and the Merchant governing the Merchant’s use of the Partner’s services, including, if applicable, the installation and use of an Application.
“Merchant Data” means information (including personal information) relating to a Merchant, including but not limited to business, financial and product information and any Customer Data. Where Partner uses the Shopify API, Merchant Data may be delivered in the form of an API response.
“Merchant Store” means the Merchant’s commerce presence hosted by Shopify, including their online store and Point of Sale (POS). For clarity, a Merchant may have more than one Merchant Store.
“Partner” or “You” means an individual or entity that has agreed to the terms of this Agreement and participates in the Shopify Partner Program. The different types of Partners are listed below and You may qualify as more than one type of Partner concurrently for the purpose of this Agreement, depending on the circumstances:
A “Referral Partner” is a Partner who has registered for a Partner Account via the Shopify partner program page and who promotes the service by:
a. registering, and being approved by Shopify, for a unique referral link (an “Affiliate Link”) to refer Merchants to Shopify via such Affiliate Link or
b. acting as a value added partner or “VAP” working directly with Merchants as a designer, developer, or other consultant through a Development Store.
c. For the avoidance of doubt, individuals or entities who participate in the Shopify Affiliate Program [https://www.shopify.com/affiliates] are not Referral Partners in respect of any activities conducted pursuant to the Shopify Affiliate Program. The Shopify Affiliate Program is subject to separate terms and conditions.
A “Developer” is a Partner who has registered for a Partner Account via the Shopify Developer program page and develops Applications or Themes to integrate with the Service or places Ads in the Shopify App Store. The different types of Developers are listed below and You may qualify as more than one type of Developer concurrently for the purpose of this Agreement, depending on the circumstances:
a. a “Theme Developer”, develops a Theme for Merchant use, either as a custom Theme or for general distribution to Merchants through the Shopify Theme Store;
b. an “App Developer” develops a Public Application (as defined in the Shopify API Terms) using the Shopify API;
c. a “Channel Developer” develops an Application using the Shopify API to enable Merchants to display, promote and sell Merchant’s products to Customers through Channel Developer’s web or mobile platform (“Channel Platform”) via an integration with the Service. An Application developed by a Channel Developer is a “Channel Application”; and
d. a “Payment Gateway Developer” develops an Application using the Shopify API to enable a payment system for Merchants to use with the Service. An Application developed by a Payment Gateway Developer is a “Payment Gateway Integration.
e. a “Payments Developer” develops an Application using the Shopify API to enable a payment system for Merchants to use with the Service. An Application developed by a Payments Developer is a “Payments Application”.
An “Expert” is a VAP who has been accepted by Shopify into the Experts Marketplace, and can publish a profile offering services to Merchants, or is listed as a VAP within the Experts Directory.
A “Plus Partner” is a Partner who has met the Shopify Plus Partner criteria and has been accepted by Shopify into the Shopify Plus Partner Program, has signed a Plus Partner Program addendum, and is listed on the shopify.com/plus/partners.
“Partner Account” means a Shopify Partner Program account.
“Partner Dashboard” means the internal administrative page available at: partners.shopify.com/organizations that allows Partners to manage their Partner Account.
“Partner Manager” means the Shopify employee designated by Shopify from time to time as the Partner’s primary Shopify contact.
“Payment Period” has the meaning as set out in Section 3.2.
“Partner Program” means the resources made available by Shopify to Partners. For the avoidance of doubt, the Partner Program includes the Channel Program, Experts Marketplace Program and Plus Partner Program, to the extent that Partner is invited to participate in those programs.
“Plus Partner Program” means the Shopify program where Partners are selected by Shopify to participate in Shopify Plus opportunities.
“Public Application” is defined in the Shopify API Terms.
“Referred Merchant” means any unique Merchant that: (a) has registered for a paid Shopify account; and (b) was introduced by a Referral Partner that actively promoted the Service.
“Revenue Generating Activity” means a revenue generating activity carried out by Partner, as determined by Shopify, including the following:
transfer to Merchant by Partner of a Development Store created by Partner and the registration by such Merchant for a paid Shopify account; and
introduction of a Referred Merchant to Shopify via Partner’s Affiliate Link.
A Revenue Generating Activity will be attributed to Partner on the date the Merchant makes the initial payment of subscription fees for the relevant Merchant Store. For more information regarding Revenue Generating Activities, please refer to https://help.shopify.com/partners/getting-started/how-to-earn.
“Service” means the Shopify hosted commerce platform available via www.shopify.com and any associated websites, products or services offered by Shopify.
“Sales Channel SDK” means the Shopify APIs that are required by Channel Developer to develop the Channel Application. For the avoidance of doubt, the Sales Channel SDK is deemed to be part of the Shopify API, and access to and use of the Sales Channel SDK is subject to the Shopify API Terms.
“Sanctions” means any applicable economic sanctions or anti-terrorism laws or measures of (1) Canada, including the Special Economic Measures Act, the Freezing Assets of Corrupt Foreign Officials Act, the Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law), the United Nations Act, and Part II.1 of the Criminal Code and any regulations or orders issued under the foregoing; (2) the United States, including those imposed, administered, or enforced by the U.S. Department of the Treasury’s Office of Foreign Assets Control and the U.S. State Department; (3) the United Nations Security Council; (4) the European Union; and (5) the United Kingdom, including those imposed, administered, or enforced by Her Majesty’s Treasury.
“Sanctioned Person” means any individual or entity listed or designated under Sanctions or located or resident in or organized under the laws of a country or territory that is the subject of comprehensive territorial Sanctions, or any entity directly or indirectly owned or controlled by one or more of the foregoing.
“Shopify App Store” is where Merchants can view and add Apps on their Merchant Store, and is available through: apps.shopify.com.
“Shopify Billing API” means the application programming interface that allows Developers to create and issue charges to Merchants as well as remit payment to Shopify. For the avoidance of doubt, the Shopify Billing API is deemed to be part of the Shopify API, as defined in the Shopify API Terms.
“Shopify Creative” means any marketing or promotional materials relating to Shopify or Shopify brands, including but not limited to copyrighted content, hypertext links, domain names, icons, buttons, banners, graphic files, images and the Shopify Trademarks.
“Shopify Plus” or “Plus” means the enterprise level of the Service, described in more detail at shopify.com/plus.
“Shopify Related Entity/ies” means any entity that directly or indirectly controls, is controlled by, or is under common control with, Shopify; where “control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management policies of another, whether through the ownership of voting securities, by contract, as trustee or executor, or otherwise.
“Shopify Trademarks” means the trademarks, logos, service marks and trade names of Shopify Inc. and any Shopify Related Entities, whether registered or unregistered, including but not limited to the word mark SHOPIFY and the “S” and shopping bag design.
“Shopify Theme Store” means the Shopify website where Merchants can select and install Themes on their Merchant Store, available at: themes.shopify.com.
“Taxes” means all federal, provincial, state, local or other governmental sales, value added, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future.
“Theme” means the templates for website layout and design that Merchants may install, use and customize for their Merchant Store.
“Unsupported Region” means a region where Shopify is unable to operate due to local legal and regulatory requirements, commercial partnerships, and/or other pertinent factors. Shopify does not support transactions that involve these regions or persons located in or resident in or items originating from or destined for these regions. A list of Unsupported Regions can be found here.
“Websites” means any websites that are owned, operated or managed by a Partner and that relate to Partner’s activities pursuant to this Agreement.