Distributor Price Tiers for DHE Distribution of Qualifying Movies in HD Sample Clauses

Distributor Price Tiers for DHE Distribution of Qualifying Movies in HD. Tier Distributor Price 1 (e.g., new releases) $19.50 2 (e.g., recent releases) $15.50 3 (e.g., catalog) To be discussed by the parties in good faith. Subject to the terms of this Section 3(a), the Distributor Price for each Qualifying Movie in HD shall be determined by CDD in its sole discretion by categorizing such wholesale price within one of the wholesale price tiers set forth above. CDD agrees that no Qualifying Movie provided for delivery in HD through the Online Store will be categorized in a higher tier than that Qualifying Movie is categorized (and wholesale priced) in Blu-ray format anywhere in the Territory, provided that for each Qualifying Movie in HD that is initially categorized in Tier 1, the Distributor Price for Tier 1 shall continue to apply to such Qualifying Movie in HD through the date that is ninety (90) days following the date CDD elects in its sole discretion to re- categorize the Blu-ray wholesale pricing tier for such title to a tier other than “Tier 1” or the “new release” wholesale price. If market forces (e.g., declining consumer spending, challenging economic environment) or a change in business strategy lead CDD to adjust its pricing for Movies sold in other HD formats (e.g., Blu-ray), CDD will in good faith explore possible adjustments to the Distributor Price Tiers for DHE Distribution of Qualifying Movies in HD. The Parties acknowledge that, as of the Amendment Effective Date, they have not agreed on Distributor Prices for Tier 3 Qualifying Movies distributed in HD. If the parties have not come to agreement with respect to the foregoing by the time CDD re-prices a Qualifying Movie into Tier 3, Apple shall have the right to cease making available on the Online Store the HD version of such Qualifying Movie as of the re-pricing date.
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