Common use of Packaged Services Clause in Contracts

Packaged Services. The Parties acknowledge and agree that, other than the Packaged Services (as defined below) provided through the airline ticketing platform of Taobao Marketplace, as of the Effective Time, no Recipient Party charges any End Customers a fee for the use of Services provided by Provider and that as of the Effective Time no such Services are or will be deemed to be bundled with any other services offered by any Recipient Party, whether or not fees are charged for any such other services. If Recipient (or any Recipient Party) proposes during the Term to charge End Customers of any e-commerce marketplace or storefront operated by a Recipient Party a fee for use of any Services provided by Provider pursuant to this Agreement, whether as an independent service offering or as part of a bundle of services expressly offered by a Recipient Party on a “bundled” or “package” basis (“Packaged Services”), then Provider and the applicable Recipient Party will discuss in good faith and jointly propose to the board of directors of Recipient a proposed revenue share or additional fees or a different fixed fee rate (“Negotiated Fee Rate”) solely with respect to such Packaged Services as between Provider and Recipient. Except for Packaged Services already offered as of the Effective Time, unless and until such proposal is approved by Provider and the unanimous agreement by the Independent Directors, no such fee bearing (to End Customers) Services or fee-bearing (to End Customers) bundle of Services that includes such Services, and no applicable fees to End Customers therefor, will be implemented by a Recipient Party. For clarity, any such approval by the Independent Directors (including any revenue share, Negotiated Fee Rate or other value allocation approved by the Independent Directors) shall apply only to the specific Packaged Services expressly identified in writing in such approval. For the avoidance of doubt, this Section 5 of this Schedule 7.1 shall not apply to prevent a Recipient Party from charging to End Customers any fees unrelated to the Services. For the further avoidance of doubt, any revenue share pursuant to this Section 5 of this Schedule 7.1, to the extent approved by the Independent Directors as set forth herein, may be freely negotiated between Provider and Recipient and shall not be limited to methodologies for determining the Approved Fee Rate under this Schedule 7.1.

Packaged Services. The Parties acknowledge and agree that, other than the Packaged Services (as defined below) provided through the airline ticketing platform of Taobao Marketplace, as of the Effective TimeDate, no Recipient Party charges any End Customers a fee for the use of Services provided by Provider and that as of the Effective Time Date no such Services are or will be deemed to be bundled with any other services offered by any Recipient Party, whether or not fees are charged for any such other services. If Recipient (or any Recipient Party) proposes during the Term to charge End Customers of any e-commerce marketplace or storefront operated by a Recipient Party a fee for use of any Services provided by Provider pursuant to this Agreement, whether as an independent service offering or as part of a bundle of services expressly offered by a Recipient Party on a “bundled” or “package” basis (“Packaged Services”), then Provider and the applicable Recipient Party will discuss in good faith and jointly propose to the board of directors of Recipient a proposed revenue share or additional fees or a different fixed fee rate (“Negotiated Fee Rate”) solely with respect to such Packaged Services as between Provider and Recipient. Except for Packaged Services already offered as of the Effective TimeDate, unless and until such proposal is approved by Provider and the unanimous agreement by the Independent Directors, no such fee bearing (to End Customers) Services or fee-bearing (to End Customers) bundle of Services that includes such Services, and no applicable fees to End Customers therefor, will be implemented by a Recipient Party. For clarity, any such approval by the Independent Directors (including any revenue share, Negotiated Fee Rate or other value allocation approved by the Independent Directors) shall apply only to the specific Packaged Services expressly identified in writing in such approval. For the avoidance of doubt, this Section 5 of this Schedule 7.1 shall not apply to prevent a Recipient Party from charging to End Customers any fees unrelated to the Services. For the further avoidance of doubt, any revenue share pursuant to this Section 5 of this Schedule 7.1, to the extent approved by the Independent Directors as set forth herein, may be freely negotiated between Provider and Recipient and shall not be limited to methodologies for determining the Approved Fee Rate under this Schedule 7.1.

Packaged Services. The Parties acknowledge and agree that, other than the Packaged Services (as defined below) provided through the airline ticketing platform of Taobao Marketplace, as of the Effective TimeDate, no Recipient Party charges any End Customers a fee for the use of Services provided by Provider and that as of the Effective Time Date no such Services are or will be deemed to be bundled with any other services offered by any Recipient Party, whether or ​ ​ not fees are charged for any such other services. If Recipient (or any Recipient Party) proposes during the Term to charge End Customers of any e-commerce marketplace or storefront operated by a Recipient Party a fee for use of any Services provided by Provider pursuant to this Agreement, whether as an independent service offering or as part of a bundle of services expressly offered by a Recipient Party on a “bundled” or “package” basis (“Packaged Services”), then Provider and the applicable Recipient Party will discuss in good faith and jointly propose to the board of directors of Recipient a proposed revenue share or additional fees or a different fixed fee rate (“Negotiated Fee Rate”) solely with respect to such Packaged Services as between Provider and Recipient. Except for Packaged Services already offered as of the Effective TimeDate, unless and until such proposal is approved by Provider and the unanimous agreement by the Independent Directors, no such fee bearing (to End Customers) Services or fee-bearing (to End Customers) bundle of Services that includes such Services, and no applicable fees to End Customers therefor, will be implemented by a Recipient Party. For clarity, any such approval by the Independent Directors (including any revenue share, Negotiated Fee Rate or other value allocation approved by the Independent Directors) shall apply only to the specific Packaged Services expressly identified in writing in such approval. For the avoidance of doubt, this Section 5 of this Schedule 7.1 shall not apply to prevent a Recipient Party from charging to End Customers any fees unrelated to the Services. For the further avoidance of doubt, any revenue share pursuant to this Section 5 of this Schedule 7.1, to the extent approved by the Independent Directors as set forth herein, may be freely negotiated between Provider and Recipient and shall not be limited to methodologies for determining the Approved Fee Rate under this Schedule 7.1.