Common use of Annual Adjustment of the List Price of Fixed Location Advertising Inventory Clause in Contracts

Annual Adjustment of the List Price of Fixed Location Advertising Inventory. Without affecting the Fixed Location Advertising Annual Cap, starting from Effective Date, Parties shall adjust the List Price of Fixed Location Advertising Inventory on November 15 of each Agency Period pursuant to the following provisions: (a) Prior to November 5th of each Agency Period, SINA shall send a written notice (“UIP Data Notice”) to Leju specifying the number calculated by SINA based upon its daily monitoring data for (i) the unique IP address visits (“UIP”) to the webpage/channel where each Fixed Location Advertising Inventory is located (“Fixed Location Advertising Location”) from January 1st to October 31st of such Agency Period (“Webpage UIP Number”), and (ii) the change of the Webpage UIP Number for each Fixed Location Advertising Location of such Agency Period from the immediately preceding Agency Period, calculated according to following formula and expressed in percentage (“UIP Change Rate”): UIP Change Rate = (CR – PR)÷ PR ×100%, where: CR represents the Webpage UIP Number of such Fixed Location Advertising Location in such Agency Period; and PR represents the Webpage UIP Number of such Fixed Location Advertising Location in the immediately preceding Agency Period. (b) Prior to November 15th, the Parties shall adjust the List Price of each Fixed Location Advertising Location in written pursuant to the following provisions: (i) With respect to Fixed Location Advertising Location, if the UIP Change Rate of such Agency Period is zero (0), the List Price applicable to such Fixed Location Advertising Location for the next Agency Period will remain unchanged; (ii) With respect to Fixed Location Advertising Location, if the UIP Change Rate of such Agency Period is not equal to zero (0), the List Price applicable to such Fixed Location Advertising Location for the next Agency Period will be an amount equal to the List Price of such Fixed Location Advertising Location in such Agency Period multiplied by (1+R), of which R represents the UIP Change Rate of such Fixed Location Advertising Location in such Agency Period, expressed in percentage; provided, if the UIP Change Rate exceeds positive fifteen percent (+15%), R shall be positive fifteen percent (+15%); if the UIP Change Rate is less than negative fifteen percent (-15%), R shall be negative fifteen percent (-15%). (iii) If the total amount of the List Price of all Fixed Location Advertising Location after the forgoing adjustment exceeds the Fixed Location Advertising Annual Cap, SINA shall have the right to remove appropriate amount of Fixed Location Advertising Location from the list of the Fixed Location Advertising Location of such Agency Period, and treat the rest Fixed Location Advertising Inventory as the Fixed Location Advertising Inventory provided by SINA to SINA Agents for the next Agency Period, so that the total amount of the List Price of the Fixed Location Advertising Inventory provided by SINA to SINA Agents for the next Agency Period shall be equal to the Fixed Location Advertising Annual Cap. Without prejudice to the rights of SINA to remove Fixed Location Advertising Location under this Section 5.02(b)(iii) and subject to compliance with Section 2.01 of this Agreement, the Parties shall negotiate to agree upon the specific location and/or number of Fixed Location Advertising Location to be removed. (iv) If the total List Price of all Fixed Location Advertising Location after the forgoing adjustment is lower than the Fixed Location Advertising Annual Cap, Leju will be entitled to request SINA to provide more Fixed Location Advertising Location, as appropriate, in addition to these Fixed Location Advertising Locations set forth in the list of Fixed Location Advertising Location for such Agency Period. Such additional Fixed Location Advertising Location and the Fixed Location Advertising Location of such Agency Period shall be collectively constitute the Fixed Location Advertising Location of such Agency Period provided by SINA to SINA Agents for the next Agency Period, so as to ensure the total List Price of the Fixed Location Advertising Inventory provided by SINA to SINA Agents for the next Agency Period be equal to the Fixed Location Advertising Annual Cap. Without prejudice to the rights of Leju to request additional Fixed Location Advertising Location under this Section 5.02(b)(iv) and subject to compliance with Section 2.01 of this Agreement, the Parties shall negotiate to agree on the specific advertising location and/or numbers of such increased Fixed Location Advertising Location. The List Price of such increased Fixed Location Advertising Location shall be determined pursuant to Section 5.04(b).

Appears in 2 contracts

Samples: Advertising Inventory Sale Agency Agreement (E-House (China) Holdings LTD), Advertising Inventory Sale Agency Agreement (Leju Holdings LTD)

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Annual Adjustment of the List Price of Fixed Location Advertising Inventory. Without affecting the Fixed Location Advertising Annual Cap, starting from Effective Date2011, Parties shall adjust the List Price of Fixed Location Advertising Inventory on November 15 of each Agency Period pursuant to the following provisions: (a) Prior to November 5th of each Agency Period, SINA shall send a written notice (“UIP Data Notice”) to Leju specifying the number calculated by SINA based upon its daily monitoring data for (i) the unique IP address visits (“UIP”) to the webpage/channel where each Fixed Location Advertising Inventory is located (“Fixed Location Advertising Location”) from January 1st to October 31st of such Agency Period (“Webpage UIP Number”), and (ii) the change of the Webpage UIP Number for each Fixed Location Advertising Location of such Agency Period from the immediately preceding Agency Period, calculated according to following formula and expressed in percentage (“UIP Change Rate”): UIP Change Rate = (CR - PR)÷ PR ×100%, where: CR represents the Webpage UIP Number of such Fixed Location Advertising Location in such Agency Period; and PR represents the Webpage UIP Number of such Fixed Location Advertising Location in the immediately preceding Agency Period. (b) Prior to November 15th, the Parties shall adjust the List Price of each Fixed Location Advertising Location in written pursuant to the following provisions: (i) With respect to Fixed Location Advertising Location, if the UIP Change Rate of such Agency Period is zero (0), the List Price applicable to such Fixed Location Advertising Location for the next Agency Period will remain unchanged; (ii) With respect to Fixed Location Advertising Location, if the UIP Change Rate of such Agency Period is not equal to zero (0), the List Price applicable to such Fixed Location Advertising Location for the next Agency Period will be an amount equal to the List Price of such Fixed Location Advertising Location in such Agency Period multiplied by (1+R), of which R represents the UIP Change Rate of such Fixed Location Advertising Location in such Agency Period, expressed in percentage; provided, if the UIP Change Rate exceeds positive fifteen percent (+15%), R shall be positive fifteen percent (+15%); if the UIP Change Rate is less than negative fifteen percent (-15%), R shall be negative fifteen percent (-15%). (iii) If the total amount of the List Price of all Fixed Location Advertising Location after the forgoing adjustment exceeds the Fixed Location Advertising Annual Cap, SINA shall have the right to remove appropriate amount of Fixed Location Advertising Location from the list of the Fixed Location Advertising Location of such Agency Period, and treat the rest Fixed Location Advertising Inventory as the Fixed Location Advertising Inventory provided by SINA to SINA Agents for the next Agency Period, so that the total amount of the List Price of the Fixed Location Advertising Inventory provided by SINA to SINA Agents for the next Agency Period shall be equal to the Fixed Location Advertising Annual Cap. Without prejudice to the rights of SINA to remove Fixed Location Advertising Location under this Section 5.02(b)(iii) and subject to compliance with Section 2.01 of this Agreement, the Parties shall negotiate to agree upon the specific location and/or number of Fixed Location Advertising Location to be removed. (iv) If the total List Price of all Fixed Location Advertising Location after the forgoing adjustment is lower than the Fixed Location Advertising Annual Cap, Leju will be entitled to request SINA to provide more Fixed Location Advertising Location, as appropriate, in addition to these Fixed Location Advertising Locations set forth in the list of Fixed Location Advertising Location for such Agency Period. Such additional Fixed Location Advertising Location and the Fixed Location Advertising Location of such Agency Period shall be collectively constitute the Fixed Location Advertising Location of such Agency Period provided by SINA to SINA Agents for the next Agency Period, so as to ensure the total List Price of the Fixed Location Advertising Inventory provided by SINA to SINA Agents for the next Agency Period be equal to the Fixed Location Advertising Annual Cap. Without prejudice to the rights of Leju to request additional Fixed Location Advertising Location under this Section 5.02(b)(iv) and subject to compliance with Section 2.01 of this Agreement, the Parties shall negotiate to agree on the specific advertising location and/or numbers of such increased Fixed Location Advertising Location. The List Price of such increased Fixed Location Advertising Location shall be determined pursuant to Section 5.04(b).

Appears in 2 contracts

Samples: Advertising Inventory Sale Agency Agreement (China Real Estate Information Corp), Advertising Inventory Sale Agency Agreement (China Real Estate Information Corp)

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Annual Adjustment of the List Price of Fixed Location Advertising Inventory. Without affecting the Fixed Location Advertising Annual Cap, starting from Effective Date2011, Parties shall adjust the List Price of Fixed Location Advertising Inventory on November 15 of each Agency Period pursuant to the following provisions: (a) Prior to November 5th of each Agency Period, SINA shall send a written notice (“UIP Data Notice”) to Leju specifying the number calculated by SINA based upon its daily monitoring data for (i) the unique IP address visits (“UIP”) to the webpage/channel where each Fixed Location Advertising Inventory is located (“Fixed Location Advertising Location”) from January 1st to October 31st of such Agency Period (“Webpage UIP Number”), and (ii) the change of the Webpage UIP Number for each Fixed Location Advertising Location of such Agency Period from the immediately preceding Agency Period, calculated according to following formula and expressed in percentage (“UIP Change Rate”): UIP Change Rate = (CR – PR)÷ PR ×100× 100%, where: CR represents the Webpage UIP Number of such Fixed Location Advertising Location in such Agency Period; and PR represents the Webpage UIP Number of such Fixed Location Advertising Location in the immediately preceding Agency Period. (b) Prior to November 15th, the Parties shall adjust the List Price of each Fixed Location Advertising Location in written pursuant to the following provisions: (i) With respect to Fixed Location Advertising Location, if the UIP Change Rate of such Agency Period is zero (0), the List Price applicable to such Fixed Location Advertising Location for the next Agency Period will remain unchanged; (ii) With respect to Fixed Location Advertising Location, if the UIP Change Rate of such Agency Period is not equal to zero (0), the List Price applicable to such Fixed Location Advertising Location for the next Agency Period will be an amount equal to the List Price of such Fixed Location Advertising Location in such Agency Period multiplied by (1+R), of which R represents the UIP Change Rate of such Fixed Location Advertising Location in such Agency Period, expressed in percentage; provided, if the UIP Change Rate exceeds positive fifteen percent (+15%), R shall be positive fifteen percent (+15%); if the UIP Change Rate is less than negative fifteen percent (-15%), R shall be negative fifteen percent (-15%). (iii) If the total amount of the List Price of all Fixed Location Advertising Location after the forgoing adjustment exceeds the Fixed Location Advertising Annual Cap, SINA shall have the right to remove appropriate amount of Fixed Location Advertising Location from the list of the Fixed Location Advertising Location of such Agency Period, and treat the rest Fixed Location Advertising Inventory as the Fixed Location Advertising Inventory provided by SINA to SINA Agents for the next Agency Period, so that the total amount of the List Price of the Fixed Location Advertising Inventory provided by SINA to SINA Agents for the next Agency Period shall be equal to the Fixed Location Advertising Annual Cap. Without prejudice to the rights of SINA to remove Fixed Location Advertising Location under this Section 5.02(b)(iii5.02(b) (iii) and subject to compliance with Section 2.01 of this Agreement, the Parties shall negotiate to agree upon the specific location and/or number of Fixed Location Advertising Location to be removed. (iv) If the total List Price of all Fixed Location Advertising Location after the forgoing adjustment is lower than the Fixed Location Advertising Annual Cap, Leju will be entitled to request SINA to provide more Fixed Location Advertising Location, as appropriate, in addition to these Fixed Location Advertising Locations set forth in the list of Fixed Location Advertising Location for such Agency Period. Such additional Fixed Location Advertising Location and the Fixed Location Advertising Location of such Agency Period shall be collectively constitute the Fixed Location Advertising Location of such Agency Period provided by SINA to SINA Agents for the next Agency Period, so as to ensure the total List Price of the Fixed Location Advertising Inventory provided by SINA to SINA Agents for the next Agency Period be equal to the Fixed Location Advertising Annual Cap. Without prejudice to the rights of Leju to request additional Fixed Location Advertising Location under this Section 5.02(b)(iv) and subject to compliance with Section 2.01 of this Agreement, the Parties shall negotiate to agree on the specific advertising location and/or numbers of such increased Fixed Location Advertising Location. The List Price of such increased Fixed Location Advertising Location shall be determined pursuant to Section 5.04(b).

Appears in 1 contract

Samples: Advertising Inventory Sale Agency Agreement (Sina Corp)

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