1) The contract does not explicitly says that it binds third-parties (through the distributor) to the contract. Another words, it has nothing about whether distributor can act through other legal entities (partners, affiliates etc) or not, and the terms, except it only says Company 2 (together with its authorized partners and affiliates - «Distributor»)" in the "Parties to the contract" section;
2) The split in money. The contract says the distributor would pay, say, 70% from sales. An affiliates (authorized partner) also withholds its commission, say 10% from its sales, so what is the final amount distributor would pay to the developer? There is no mention in the contract about that. What it actually says is the following:
Distributor will pay to Software Developer 70% from Gross Sales;
Gross Sales definition - all monies attributable to Developer's software product derived from Sales and actually received by Distributor, before deducting any sales processing fees but after deducting any fees and expenses associated with distribution activities, and taxes and fees that Distributor will collect and remit to the proper authorities, where Distributor is legally required to do so: any sales tax, value-added-tax, goods and service tax, or similar tax or government fee.
So if an affiliate makes a sale - $100, retains its commission of $10 and then pays $90 to the distributor, what is the amount the distributor should pay to the developer: 70% x $100 or 70% x $90?