Microsoft Bounty Terms and Conditions
Last updated: February 1, 2018
The Microsoft Bug Bounty Programs Terms and Conditions ("Terms") cover your participation in the Microsoft Bug Bounty Program (the "Program"). These Terms are between you and Microsoft Corporation ("Microsoft," "us" or "we"). By submitting any vulnerabilities to Microsoft or otherwise participating in the Program in any manner, you accept these Terms.
The Program enables users to submit vulnerabilities and exploitation techniques ("Vulnerabilities") to Microsoft about eligible Microsoft products and services ("Products") for a chance to earn rewards in an amount determined by Microsoft in its sole discretion ("Bounty"). Each Product for which Bounties are available has a separate set of terms applicable to that Product (the "Product Program Terms"), which are incorporated by reference into these Terms. In the event of a conflict between these Terms and the Product Program Terms for a particular Product, the Product Program Terms control for that particular Product only. The decisions made by Microsoft regarding Bounties are final and binding. Microsoft may change or cancel this Program at any time, for any reason.
CHANGES TO THESE TERMS
We may change these Terms at any time. Participating in the Program after the changes become effective means you agree to the new Terms. If you don't agree to the new Terms, you must not participate in the Program.
If you wish to opt-out of the Program and not be considered for Bounties, contact us at email@example.com. Opting out will not affect any licenses granted to Microsoft in any Submissions provided by you.
You ARE eligible to participate in the Program if you meet all of the following criteria:
- You are 14 years of age or older. If you are at least 14 years old but are considered a minor in your place of residence, you must obtain your parent's or legal guardian's permission prior to participating in this Program; and
- You are either an individual researcher participating in your own individual capacity, or you work for an organization that permits you to participate. You are responsible for reviewing your employer's rules for participating in this Program.
ATTENTION PUBLIC SECTOR EMPLOYEES: If you are a public sector employee (government and education), all Bounties must be awarded directly to your public sector organization and subject to receipt of a gift letter signed by your organization's ethics officer, attorney, or designated executive/officer responsible for your organization's gifts/ethics policy. Microsoft seeks to ensure that by offering Bounties under this Program, it does not create any violation of the letter or spirit of a participant's applicable gifts and ethics rules.
You ARE NOT eligible to participate in the Program if you meet any of the following criteria:
- You are a resident of any countries under U.S. sanctions (see link for current sanctions list posted by the United States Treasury Department) or any other country that does not allow participation in this type of program;
- You are under the age of 14;
- Your organization does not allow you to participate in these types of programs;
- You are a public sector employee (government and education) and have not obtained permission from your ethics compliance officer to participate in the Program;
- You are currently an employee of Microsoft Corporation or a Microsoft subsidiary, or an immediate family (parent, sibling, spouse, or child) or household member of such an employee;
- Within the six months prior to providing us your Submission you were an employee of Microsoft Corporation or a Microsoft subsidiary;
- You currently (or within six months prior providing to us your Submission) perform services for Microsoft or a Microsoft subsidiary in an external staff capacity that requires access to the Microsoft Corporate Network, such as agency temporary worker, vendor employee, business guest, or contractor; or
- You are or were involved in any part of the development, administration, and/or execution of this Program.
It is your responsibility to comply with any polices that your employer may have that would affect your eligibility to participate in the Program. If you are participating in violation of your employer’s policies, you may be disqualified from participating or receiving any Bounty. All payments will be made in compliance with local laws, regulations, and ethics rules. Microsoft disclaims any and all liability or responsibility for disputes arising between an employee and their employer related to this matter.
There may be additional restrictions on your ability to enter depending upon your local law.
SUBMISSION PROCESS & COORDINATED VULNERABILITY DISCLOSURE
If you believe you have identified a Vulnerability that meets the applicable requirements set forth in the Product Program Terms, you may submit it to Microsoft through the process described in the Product Program Terms or, if none is provided, in accordance with the following process:
Each Vulnerability submitted to Microsoft shall be a "Submission." Submissions must be sent to firstname.lastname@example.org. In the initial email, specify the name of the Bounty Program you are submitting under, the Vulnerability details, and specific product version numbers you used to validate your research. Please also include as much of the following information as possible:
- Type of issue (buffer overflow, SQL injection, cross-site scripting, etc.)
- Product and version that contains the bug, or URL if for an online service
- Service packs, security updates, or other updates for the product you have installed
- Any special configuration required to reproduce the issue
- Step-by-step instructions to reproduce the issue on a fresh install
- Proof-of-concept or exploit code
- Impact of the issue, including how an attacker could exploit the issue
A sample report is available here. You must follow Coordinated Vulnerability Disclosure (CVD) when reporting all Vulnerabilities to Microsoft. Submissions that do not follow CVD may not be eligible for Bounties and not following CVD could disqualify you from participating in the Program in the future.
Depending on the detail of your Submission, Microsoft may award a Bounty of varying scale. Well-written reports and functional exploits are more likely to result in Bounties. Those Submissions that do not meet the minimum bar described above are considered incomplete and not eligible for Bounties.
Microsoft is not responsible for Submissions that we do not receive for any reason. If you do not receive a confirmation email after making your Submission, notify Microsoft at email@example.com to ensure your Submission was received.
There are no restrictions on the number of qualified Submissions you can provide and potentially be paid a Bounty for.
If you submit a Vulnerability for a product or service that is not covered by the Program at the time you submitted it, you will not be eligible to receive Bounty payments if the product or service is later added to the Program.
Microsoft is not claiming any ownership rights to your Submission. However, by providing any Submission to Microsoft, you:
- grant Microsoft the following non-exclusive, irrevocable, perpetual, royalty free, worldwide, sub-licensable license to the intellectual property in your Submission: (i) to use, review, assess, test, and otherwise analyze your Submission; (ii) to reproduce, modify, distribute, display and perform publicly, and commercialize and create derivative works of your Submission and all its content, in whole or in part; and (iii) to feature your Submission and all of its content in connection with the marketing, sale, or promotion of this Program or other programs (including internal and external sales meetings, conference presentations, tradeshows, and screen shots of the Submission in press releases) in all media (now known or later developed);
- agree to sign any documentation that may be required for us or our designees to confirm the rights you granted above;
- understand and acknowledge that Microsoft may have developed or commissioned materials similar or identical to your Submission, and you waive any claims you may have resulting from any similarities to your Submission;
- understand that you are not guaranteed any compensation or credit for use of your Submission; and
- represent and warrant that your Submission is your own work, that you haven't used information owned by another person or entity, and that you have the legal right to provide the Submission to Microsoft.
CONFIDENTIALITY OF SUBMISSIONS/ RESTRICTIONS ON DISCLOSURE
Protecting customers is Microsoft's highest priority. We endeavor to address each Vulnerability report in a timely manner. While we are doing that we require that Bounty Submissions remain confidential and cannot be disclosed to third parties or as part of paper reviews or conference submissions. You can make available high-level descriptions of your research and non-reversible demonstrations after the Vulnerability is fixed. We require that detailed proof-of-concept exploit code and details that would make attacks easier on customers be withheld for 30 days after the Vulnerability is fixed. Microsoft will notify you when the Vulnerability in your Submission is fixed. You may be paid prior to the fix being released and payment should not be taken as notification of fix completion. VIOLATIONS OF THIS SECTION COULD REQUIRE YOU TO RETURN ANY BOUNTIES PAID FOR THAT VULNERABILITY AND DISQUALIFY YOU FROM PARTICIPATING IN THE PROGRAM IN THE FUTURE.
SUBMISSION REVIEW PROCESS
After a Submission is sent to Microsoft in accordance with Section 5 (above), Microsoft engineers will review the Submission and validate its eligibility. The review time will vary depending on the complexity and completeness of your Submission, as well as on the number of Submissions we receive.
Microsoft retains sole discretion in determining which Submissions are qualified, according to the rules set forth in the Product Program Terms. If we receive multiple bug reports for the same issue from different parties, the Bounty will be granted to the first eligible Submission. If a duplicate report provides new information that was previously unknown to Microsoft, we may award a differential to the person submitting the duplicate report.
If you report a Vulnerability without a functioning exploit, you may be eligible for a partial Bounty. If you submit the functioning exploit within 90 days of submitting the Vulnerability, we may, in our discretion, provide an additional Bounty payment (but are not obligated to do so).
The decisions made by Microsoft regarding Bounties are final and binding.
If we have determined that your Submission is eligible for a Bounty under the applicable Product Program Terms, we will notify you of the Bounty amount and provide you with the necessary paperwork to process your payment. You may waive the payment if you do not wish to receive a Bounty.
If there is a dispute as to who the qualified submitter is, we will consider the eligible submitter to be the authorized account holder of the email address used to enter the Program.
Before receiving a Bounty, you are required to sign an Affidavit of Eligibility (a formal statement that verifies your personal information), a Liability/Publicity Release (which provides permission for Microsoft to use your name and likeness without pursuing future claims), and a W-9 tax form (U.S. participants) or W-8 BEN tax form (non-U.S. participants), all within 30 calendar days of notification of validation. If you want to remain anonymous to the public, we will honor your request, but we must know your legal name in order to pay you. If you do not complete the required forms as instructed or do not return the required forms within the time period listed on the notification message, we may not provide payment. We cannot process payment until we have received the fully executed required documentation.
If your Submission qualifies for a Bounty, please note:
- you may not designate someone else as the Bounty recipient unless you are considered a minor in your place of residence;
- if you are eligible for this Program but are considered a minor in your place of residence, we may award the Bounty to your parent/legal guardian on your behalf and require them to sign all required forms on your behalf. The Bounty will be added to the taxable income of your parent/legal guardian;
- if you are unable or unwilling to accept your Bounty, we reserve the right to rescind it; and
- if you accept a Bounty, you will be solely responsible for all applicable taxes related to accepting the payment(s).
NOTE: For public sector employees (government and education), all Bounties must be awarded directly to your public sector organization and subject to receipt of a gift letter signed by the organization's ethics officer, attorney, or designated executive/officer responsible for the organization’s gifts/ethics policy. Microsoft seeks to ensure that by offering Bounties under this Program, it does not create any violation of the letter or spirit of a participant’s applicable gifts and ethics rules.
Microsoft may publicly recognize individuals who have been awarded Bounties. Microsoft at it is discretion may recognize you on web properties or other printed materials unless you explicitly ask us not to include your name.
See the Microsoft Privacy Statement disclosures relating to the collection and use of your information in connection with the Program.
CODE OF CONDUCT
By participating in the Program, you will follow these rules:
- Don’t do anything illegal.
- Don't engage in any activity that exploits, harms, or threatens to harm children.
- Don't send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
- Don't share inappropriate content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).
- Don't engage in activity that is false or misleading.
- Don't engage in activity that is harmful to you, the Program, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).
- Don't infringe upon the rights of others (e.g., unauthorized sharing of copyrighted material) or engage in activity that violates the privacy of others.
- Don't help others break these rules.
If you violate these Terms, you may be prohibited from participating in the Program in the future and any Submissions you have provided may be deemed to be ineligible for Bounty payments.
MICROSOFT, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO THE PROGRAM. YOU UNDERSTAND THAT YOUR PARTICIPATION IN THE PROGRAM IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES IN CONNECTION WITH THE PROGRAM. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.
LIMITATION OF LIABILITY & BINDING ARBITRATION
If you have any basis for recovering damages in connection with the Program (including breach of these Terms), you agree that your exclusive remedy is to recover, from Microsoft or any affiliates, resellers, distributors, third-party providers, and vendors, direct damages up to $100.00. You can't recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms and the Program.
BINDING ARBITRATION AND CLASS ACTION WAIVER If You Live In (or If a Business Your Principal Place of Business Is In) the United States
We hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can't, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act ("FAA"), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator's decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren't allowed. Nor is combining individual proceedings without the consent of all parties. "We," "our," and "us" includes Microsoft and Microsoft's affiliates.
- Disputes Covered—Everything Except IP. The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Program or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
- Mail a Notice of Dispute First. If you have a dispute and our customer service representatives can't resolve it, send a Notice of Dispute by U.S. Mail to Microsoft Corporation, ATTN: CELA Arbitration, One Microsoft Way, Redmond, WA 98052-6399, U.S.A. (or to your mobile phone carrier at its principal place of business in the United States marked ATTN: Legal Department). Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at http://go.microsoft.com/fwlink/?LinkId=245499. We'll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
- Small Claims Court Option. Instead of mailing a Notice of Dispute, you may sue us in small claims court in your county of residence (or if a business your principal place of business) or King County, Washington, U.S.A. if you meet the court's requirements.
- Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual or if the value of the dispute is $75,000 or less whether or not you are an individual, its Consumer Arbitration Rules). For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available at http://go.microsoft.com/fwlink/?LinkId=245497 to the AAA and mail a copy to us. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or if a business your principal place of business) or our principal place of business—King County, Washington if your dispute is with Microsoft. You choose. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
- Arbitration Fees and Payments.
- Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
- Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA's and arbitrator's fees and expenses.
- Conflict with AAA Rules. These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
- Must File Within One Year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. Otherwise, it's permanently barred.
- Rejecting Future Arbitration Changes. You may reject any change we make to this section (except address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in section (b). If you do, the most recent version of the section before the change you rejected will apply.
- Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won't be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed but the rest of this section still applies.
CHOICE OF LAW AND PLACE TO RESOLVE DISPUTES
If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms or the Program that are heard in court (excluding arbitration and small claims court).
These Terms, the Microsoft Privacy Statement, and any applicable Product Program Terms are the entire agreement between you and Microsoft for your Participation in the Program. It supersedes any prior agreements between you and Microsoft regarding your participation in the Program. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can't enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won't change.
Other than your Submission, Microsoft does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Unsolicited Feedback"). If you send any Unsolicited Feedback to Microsoft through the Program or otherwise, Microsoft makes no assurances that your ideas will be treated as confidential or proprietary.