This excerpt taken from the ATVI 10-Q filed Feb 8, 2006.
Publisher. Publisher warrants and represents that:
15.1.1 It has the full power to enter into this Agreement;
15.1.2 It has obtained and will maintain all necessary rights and permissions for its and Microsofts use of the Software Title, FPUs, Marketing Materials, Online Content, all information, data, logos, and software or other materials provided to Microsoft and/or made available to Xbox Live Users via Xbox Live (excluding those portions that consist of the Licensed Trademarks, Security Technology and redistributable components of the so-called XDK in the form as delivered to Publisher by Microsoft pursuant to an XDK License) (collectively, the Publisher Content), and that all Publisher Content complies with all laws and regulations, and docs not and will not infringe upon or misappropriate any third party trade secrets, copyrights, trademarks, patents, publicity, privacy or other proprietary rights.
15.1.3 It shall comply with all laws, regulations, industry content rating requirements and administrative orders and requirements within any applicable Sales Territory relating to the distribution, sale and marketing of the Software Title, and shall keep in force all necessary licenses, permits, registrations, approvals and/or exemptions throughout the term of this Agreement and for so long as it is distributing, selling or marketing the Software Title in any applicable Sales Territory.
15.1.4 The Software Title, Online Content and/or information, data, logos and software or other materials provided to Microsoft and/or made available to Xbox Live Users via Xbox Live, do not and shall not contain any messages, data, images or programs that are, by law, defamatory, obscene or pornographic, or in any way violate any applicable laws or industry content rating requirements (including without limitation laws of privacy) of the applicable Sales Territory(ies)where the Software Title is marketed and/or distributed.
15.1.5 The Online Content shall not harvest or otherwise collect information about Xbox Live Users, including e-mail addresses, without the Xbox Live Users express consent; and the Online Content shall not link to any unsolicited communication sent to any third party.