No additional contract with ODA is required in this case. However, your company will need to have a contract with the Distribution Entity that adheres to the following requirements from Section 2.1.3 of the Sustaining Membership Agreement:
2.1.3 Sublicense Agreements. Sustaining Member may sublicense its Member Application(s) to Distribution Entities. Sustaining Member may not grant any license rights to the Development Tools or Documentation to any Distribution Entity, or sublicense the Development Tools or Documentation on a standalone basis, but only as part of a Member Application and pursuant to a written sublicense agreement. The terms and conditions of any such sublicense agreement shall contain provisions that protect the ODA’s rights under this Agreement (including, without limitation, the ODA’s right, title, and interest in the Development Tools, Member Applications and Documentation), and (ii) be materially consistent with Sustaining Member’s obligations, responsibilities, and restrictions set forth in this Agreement. No other sublicense rights are granted.