Advertising Fees. We will pay you advertising fees on Qualifying Purchases in accordance with Section 8. Subject to the exclusions set forth below, a “Qualifying Purchase” occurs when (a) a customer clicks through a Special Link on your site to the AbeBooks Site; (b) during a single Session that customer adds a Product to his or her shopping cart and places the order for that Product no later than 89 days following the customer’s initial click-through; and (c) the Product is shipped to, and paid for by, the customer. A “Session” begins when a customer clicks through a Special Link on your site to the AbeBooks Site and ends upon the first to occur of the following: (x) 89 days elapses from that click; (y) the customer places 3 orders for Product(s); or (z) the customer follows a Special Link to the AbeBooks Site that is not your Special Link. Qualifying Purchases exclude, and we will not pay advertising fees on any of, the following: any Product purchase that is not correctly tracked or reported because the links from your site to the AbeBooks Site are not properly formatted; any Product purchased through a Special Link by you or on your behalf, including Products you purchase through Special Links for yourself, friends, relatives, or associates (e.g., personal orders, orders for your own use, and orders placed by you for or on behalf of any other person or entity); any Product purchased through a Special Link that violates the terms of this Agreement; any Product purchased for resale or commercial use of any kind; any Product purchased after termination of this Operating Agreement; any Product order that is canceled or returned; and any Product purchased by a customer who is referred to the AbeBooks Site through any of the following:
o a Prohibited Paid Search Placement; or
o a link to the AbeBooks Site, including a Redirecting Link, that is generated or displayed on a Search Engine in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), whether those links appear through your submission of data to that site or otherwise.
Advertising Fees. During the term of each Franchise Agreement signed by the FRANCHISEE pursuant to this Agreement, the FRANCHISEE will pay to COST CUTTERS weekly Advertising Fees, as defined in the Franchise Agreement, equal to a percentage of the weekly Gross Revenues, as defined in the Franchise Agreement, which are received, billed or generated by or from the FRANCHISEE'S Cost Cutters Businesses in the Franchised Area. For the first (1st) through the seventeenth (17th) weeks of the FRANCHISEE'S operation of each of the Cost Cutters Businesses opened and operated pursuant to this Agreement, the FRANCHISEE will pay to COST CUTTERS a weekly Advertising Fee equal to six percent (6%) of the FRANCHISEE'S Gross Revenues. For the eighteenth (18th) through the thirty-fourth (34th) weeks of the FRANCHISEE'S operation of each of its Cost Cutters Businesses, the FRANCHISEE will pay a weekly Advertising Fee equal to five percent (5%) of the FRANCHISEE'S Gross Revenues. For the thirty-fifth (35th) week of the FRANCHISEE'S operation of each of the Cost Cutters Businesses opened and operated pursuant to this Agreement, and thereafter for the balance of the remaining term of the applicable Franchise Agreement, the FRANCHISEE will pay to COST CUTTERS a weekly Advertising Fee equal to four percent (4%) of the FRANCHISEE'S Gross Revenues. Notwithstanding the foregoing, for as long as, but only so long as, the FRANCHISEE owns and operates eleven (11) or more Cost Cutters Businesses, the FRANCHISEE will be obligated to pay weekly Advertising Fees equal to four percent (4%) of the FRANCHISEE'S weekly Gross Revenues for the eleventh (11th) and each subsequent Cost Cutters Business. This reduction in Advertising Fees will apply only to the eleventh (11th) and any subsequent Cost Cutters Businesses owned and operated by the FRANCHISEE and the rates, steps and minimum set forth in the second, third and forth sentences of this Article 4.5 shall never apply to the first ten (10) Cost Cutters Businesses being owned and operated by the FRANCHISEE. The FRANCHISEE will pay Advertising Fees to COST CUTTERS at the applicable rate stated in the preceding sentences, even if the Franchise Agreements signed by the FRANCHISEE specify Advertising Fees that are greater than or different from the Advertising Fees specified herein. With the possible exception of the percentage of the FRANCHISEE'S Gross Revenues which will be payable to COST CUTTERS, the Advertising Fees for each of the FRANCHISEE'S Cost Cutters Bu...
Advertising Fees. During the term of each Franchise Agreement signed by the FRANCHISEE pursuant to this Agreement, the FRANCHISEE will pay to WCH weekly Advertising Fees, as defined in the Franchise Agreement, equal to four percent (4%) of the weekly Gross Revenues, as defined in the Franchise Agreement, which are received, billed or generated by or from the FRANCHISEE'S We Care Hair Businesses in the Franchised Area. The FRANCHISEE will pay Advertising Fees to WCH at the applicable rate stated in the preceding sentence, even if the Franchise Agreements signed by the FRANCHISEE specify Advertising Fees that are greater than or different from the Advertising Fees specified herein. With the possible exception of the percentage of the FRANCHISEE'S Gross Revenues which will be payable to WCH, the Advertising Fees for each of the FRANCHISEE'S We Care Hair Businesses will be payable by the FRANCHISEE according to the terms of the applicable Franchise Agreements signed by the FRANCHISEE pursuant to this Agreement.
Advertising Fees. Franchisee also shall spend and/or contribute for advertising approved by HFS or its designee a minimum of 5% of the Gross Sales of the Franchised Restaurant. The exact amount of the advertising fees to be spent and/or contributed by Franchisee, and the allocation of the advertising fees, as of the date of this Agreement, is set forth in Section 5 and attached Appendix C.
Advertising Fees. Microsoft shall have the exclusive right to sell, serve and collect advertising revenue on the Private Label Auction Sites. Microsoft will receive ***% of the auction-related advertising revenue. Microsoft shall have sole discretion to set its own advertising rate card. *** This information is confidential and has been omitted and filed separately with the Securities and Exchange Commission, pursuant to a request for confidential treatment.
Advertising Fees. The FRANCHISEE will, for the entire term of this Agreement, pay WCH weekly Advertising Fees equal to four percent (4%) of the FRANCHISEE'S weekly Gross Revenues for deposit in the Franchisee Advertising Fund (the "FAF") which will be administered and controlled exclusively by WCH. The FRANCHISEE'S failure to pay the Advertising Fees will be a material breach of this Agreement. WCH will have the right to use the FAF monies, in its sole discretion, to purchase and pay for any services or products relating to advertising for We Care Hair Franchisees, including the purchase of production materials, ad slicks, brochures, radio and television commercials, services provided by advertising agencies, market research and development costs, advertising and promotion development and production (including all costs relating to media costs for television, radio, newspaper, direct mail and point-of-purchase advertising, and all costs of collateral materials required for such advertising), creative costs, product research costs, all costs and expenses incurred in administering the FAF (including, but not limited to, salaries, travel expenses, office supplies, and related general and administrative expenses), and all other costs relating to the advertising and promotion of We Care Hair Businesses. The use of the monies in the FAF and the administration of the FAF will be under the absolute direction and control of WCH. WCH will have the absolute right to determine, in its sole discretion, the advertising agencies that will be retained, the type, content and frequency of the advertising, and all other matters pertaining to the expenditures made by WCH from the FAF. WCH will have no fiduciary duty to the FRANCHISEE with respect to collection or expenditure of the Advertising Fees, and any advertising fund, including but not limited to the FAF, will not be a trust or escrow account. WCH will not be required to contribute to the FAF; however, all We Care Hair businesses that are owned and operated by WCH will be required to contribute to the FAF in accordance with the terms of their respective Franchise Agreements. The Advertising Fees paid by the FRANCHISEE will not be refundable to the FRANCHISEE under any circumstances.
Advertising Fees a. Unless your Franchised Business is located in an enclosed shopping mall or other enclosed structure identified in SECTION 1.1 above, and in addition to the Advertising Fees under SECTION 5.3(B) below, you shall spend on advertising and on promotion at least Five Thousand Dollars ($5,000.00) within the first six (6) months following opening of the Franchised Business. 11 <PAGE>
b. You shall pay to us or directly into a national advertising fund designated by us, and/or, at our sole discretion, to a designated Franchisor-approved regional advertising fund (any such funds are referred to below as "Advertising Fund(s)") a total amount of up to four percent (4%) of Franchisee's weekly Gross Sales as defined in SECTION 5.2above, as applicable (the "Advertising Fee"). The Advertising Fee currently being collected by Franchisor that is applicable to this Agreement is immediately set forth below this subsection. The Advertising Fee shall be due and payable with the Royalty Fee under SECTION 5.2 above. Advertising Fees are the property of the Franchisor and may be deposited by Franchisor into its general operating account. Upon thirty (30) days notice by Franchisor to Franchisee, Franchisor may unilaterally increase the Advertising Fee from it's current level up to four percent (4%), but the Advertising Fee may not exceed four percent (4%) of Franchisee's weekly Gross Sales. Applicable Advertising Fee payable by Franchisee under this Agreement: c. The Advertising Funds will be used for marketing, advertising, production and media expenses to promote the FRULLATI CAFE AND BAKERY name, System, products and services. Franchisor is entitled to receive the following from the Advertising Fund: reimbursement of expenses, overhead, and employee salaries for services provided; and rent for office space provided to the Advertising Fund. We have no fiduciary obligation to you in connection with the operation of any Advertising Fund. The fee required to be paid to any designated Franchisor-approved regional Advertising Fund will be determined by us at our sole discretion; provided however, that the total monthly advertising obligation required by this Section will not exceed four percent (4%) of Franchisee's weekly Gross Sales. No interest on unexpended Advertising Fees shall be imputed for the benefit of, or payable to, Franchisee, and no interest on Franchisor's expenditures in excess of Advertising Fees collected shall be imputed for the benefit of, or payable to, Franchi...
Advertising Fees. Advertising fees are earned based on Qualifying Purchases as defined herein. Qualifying Purchases exclude orders placed for resale, personal use, or via prohibited methods such as coupon websites or unauthorized paid search placements.
Advertising Fees. (a) In consideration for AutoTrader's performance of its obligations set forth in Section 2.5, Greenlight agrees to pay AutoTrader an advertising fee of Thirty-Five Thousand Dollars ($35,000) per month,
Advertising Fees. 1. The advertising fees shall be as set forth in the fee table set forth separately by NNA.
2. The applicant, as a fee for publication, shall pay NNA the advertising fees based on the content of the invoice.
3. The fees set forth or displayed in the application form and fee table shall not include consumption taxes, value added taxes, or other transaction related taxes commensurate thereto, and terms and conditions may be established separately by region.
