Common use of Contacts and Hours of Operation Clause in Contracts

Contacts and Hours of Operation. The following Contacts information may be updated and republished anytime by either party upon written notice to the other. Changes will not be maintained within this SLA document. Please notify AT&T of changes at: [*]. AT&T Hours of Operation Role Phone/Email Mobility Network Operations Center (MNOC) 24 x 7 x 365 Incident Management and Emergency Maintenance [*] [*] Mobility External Partner Management 8:00 am - 5:00 pm PT Monday - Friday Incident Root Cause Analysis, Performance Reports and Tier 2 Support [*] Mobility Change Management 8:00 am - 5:00 pm PT Monday - Friday Maintenance Notification - all maintenance [*] AT&T CONFIDENTIAL& PROPRIETARY 21 * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Tier Title Phone (Office) Phone (Mobile) Email Address 1 Network Operations Center [*] n/a [*] 2 Network Operations Center Manager [*] [*] [*] 3 Director of Operations [*] [*] [*] 4 VP of Operations [*] [*] [*] Product Manager Contact Information Title: Sr. Director, Product Management Address: 0000 Xxxxxxxx Xxx. Xxxxx 000 Xxxx, Xxxxx Xxx Xxxxxxxxxx, XX 00000 Phone Number: [*] Fax Number: [*] AT&T CONFIDENTIAL& PROPRIETARY 22 * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AT&T agrees that You will receive the greater of (i) [*] of the “Net Revenue” generated by the sale or other exploitation of the White Label Application under this Agreement (the “Revenue Share”); or (ii) [*] per month per End User. For these purposes, “Net Revenue” means the gross price collected from End Users for the White Label Application (other than any transport or other telecommunications charges), less any credits, sales taxes, use taxes, or other governmental charges (e.g., Universal Service Fee Charges). AT&T will calculate the amount due to be remitted or paid to You (collectively “Remittance”) at the end of every calendar month. You will integrate into the AT&T designated billing vendor (currently QPass) in compliance with QPass requirements. Once integrated, You will have access to the vendor on-line reporting system. In addition, AT&T will provide a statement describing the Remittance due to You, and pay that Remittance to You in United States dollars, within [*] days after the end of each calendar month through its designated billing vendor (i.e. QPass). AT&T agrees to maintain accurate books and records regarding the Remittance payable to You under this Agreement. Each statement will be deemed final and binding unless You provide notice of Your specific objections thereto to AT&T within one (1) year of the date on which such statement was due. From time to time, either party may propose offering the White Label Application at no charge to induce sales or for promotional purposes or for other uses of a White Label Application for which no direct payment is received by AT&T. Such proposals will be made in writing but such proposals will not be binding until the parties mutually agree. Such agreement may be reflected in an email, which shall be deemed to be an amendment to this Agreement unless either party requests an executed amendment. You will be responsible for all fees, charges and other payments of any kind whatsoever due to any songwriters, publishers, featured or non-featured performers, producers, engineers, mixers, re-mixers and any other third parties who may be entitled to compensation as a result of the use of the White Label Application, or any musical works embodied in the White Label Application (including any amounts that may be payable in connection with the public performance of any musical work embodied in any White Label Application) under this Agreement. AT&T CONFIDENTIAL& PROPRIETARY 23 * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.

Appears in 2 contracts

Samples: At&t Developer License Agreement (Mobitv Inc), At&t Developer License Agreement (Mobitv Inc)

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Contacts and Hours of Operation. The following Contacts information may be updated and republished anytime by either party upon written notice to the other. Changes will not be maintained within this SLA document. Please notify AT&T of changes at: [*]. AT&T Hours of Operation Role Phone/Email Mobility Network Operations Center (MNOC) 24 x 7 x 365 Incident Management and Emergency Maintenance [*] [*] Mobility External Partner Management 8:00 am - 5:00 pm PT Monday - Friday Incident Root Cause Analysis, Performance Reports and Tier 2 Support [*] Mobility Change Management 8:00 am - 5:00 pm PT Monday - Friday Maintenance Notification - all maintenance [*] AT&T CONFIDENTIAL& PROPRIETARY 21 * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AT&T Agreement No. 20100609.081.A.001 Tier Title Phone (Office) Phone (Mobile) Email Address 1 Network Operations Center [*] n/a [*] 2 Network Operations Center Manager [*] [*] [*] 3 Director of Operations [*] [*] [*] 4 VP of Operations [*] [*] [*] Product Manager Contact Information Title: Sr. Director, Product Management Address: 0000 Xxxxxxxx Xxx. Xxxxx 000 Xxxx, Xxxxx Xxx Xxxxxxxxxx, XX 00000 Phone Number: [*] Fax Number: [*] AT&T CONFIDENTIAL& PROPRIETARY 22 * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AT&T Agreement No. 20100609.081.A.001 SCHEDULE 3 PRICING AND PAYMENT AT&T agrees that You will receive the greater of (i) [*] of the “Net Revenue” generated by the sale or other exploitation of the White Label Application under this Agreement (the “Revenue Share”); or (ii) [*] per month per End User. For these purposes, “Net Revenue” means the gross price collected from End Users for the White Label Application (other than any transport or other telecommunications charges), less any credits, sales taxes, use taxes, or other governmental charges (e.g., Universal Service Fee Charges). AT&T will calculate the amount due to be remitted or paid to You (collectively “Remittance”) at the end of every calendar month. You will integrate into the AT&T designated billing vendor (currently QPass) in compliance with QPass requirements. Once integrated, You will have access to the vendor on-line reporting system. In addition, AT&T will provide a statement describing the Remittance due to You, and pay that Remittance to You in United States dollars, within [*] days after the end of each calendar month through its designated billing vendor (i.e. QPass). AT&T agrees to maintain accurate books and records regarding the Remittance payable to You under this Agreement. Each statement will be deemed final and binding unless You provide notice of Your specific objections thereto to AT&T within one (1) year of the date on which such statement was due. From time to time, either party may propose offering the White Label Application at no charge to induce sales or for promotional purposes or for other uses of a White Label Application for which no direct payment is received by AT&T. Such proposals will be made in writing but such proposals will not be binding until the parties mutually agree. Such agreement may be reflected in an email, which shall be deemed to be an amendment to this Agreement unless either party requests an executed amendment. You will be responsible for all fees, charges and other payments of any kind whatsoever due to any songwriters, publishers, featured or non-featured performers, producers, engineers, mixers, re-mixers and any other third parties who may be entitled to compensation as a result of the use of the White Label Application, or any musical works embodied in the White Label Application (including any amounts that may be payable in connection with the public performance of any musical work embodied in any White Label Application) under this Agreement. AT&T CONFIDENTIAL& PROPRIETARY 23 * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. AT&T Agreement No. 20100609.081.A.001 Schedule 4 Testing and Acceptance Process A. Testing. Timing of delivery and testing of the White Label Application will be as mutually agreed by the Parties (including mutual agreement on providing test feedback and a mutually agreed test plan) in advance of the proposed launch. Unless the parties agree in writing otherwise, You will correct any material defect (as defined in the test plan) discovered during testing prior to the commercial launch date. If AT&T rejects all or any portion of the White Label Application, then it will provide a written notice detailing the basis for rejection. If all or any portion of the White Label Application is rejected three consecutive times due to a failure to correct any material defect despite Your opportunity to cure such defect and You are unable to correct such defect, AT&T will have the right to terminate further testing with respect to such version unless the parties mutually agree otherwise. AT&T CONFIDENTIAL& PROPRIETARY 24 Execution Copy Agreement Number 20100609.081.A.002 Amendment No. 2 to AT&T Developer License Agreement THIS AMENDMENT NO. 2 TO AT&T DEVELOPER LICENSE AGREEMENT (“Amendment”) is entered into effective as of March 31 , 2011 (the Amendment Effective Date”), by and between AT&T Mobility LLC, on behalf of itself and AT&T Affiliates (as defined below) (collectively “AT&T”) and MobiTV, Inc., a Delaware corporation, located at 0000 Xxxxxxxx Xxx., Xxxxx 000, Xxxxxxxxxx, XX 00000 (“You” or “MobiTV”) and amends the AT&T Developer License Agreement accepted by You on April 5, 2010 and amended in Amendment No. 1 (“Amendment One”) to AT&T Developer License Agreement (as so amended, the “Agreement”). Capitalized terms not otherwise defined herein will have the meanings ascribed to them in the Agreement.

Appears in 1 contract

Samples: Developer License Agreement

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