Payments to Publisher. DISTRIBUTOR shall pay PUBLISHER the Net Billings xx xxxx issue of each Publication distributed pursuant to this Agreement, less all credits to which DISTRIBUTOR shall be entitled, as follows:
Payments to Publisher. Provided that Publisher is not in breach of this Agreement, Overture shall pay to Publisher the compensation specified in each applicable Rider within 45 days after the end of the month in which the relevant Overture Content appeared on Publisher's Offerings. All payments will be made in U.S. dollars or the local currency in which payment is received. Overture may offset any amounts owed to Publisher by deducting amounts owed to Overture by Publisher, including, without limitation, overpayments previously made by Overture. [***] Except as specifically set forth in this Section 4.2, Overture will retain all revenues derived from or in connection with this Agreement.
Payments to Publisher. (a) DISTRIBUTOR shall and hereby agrees to pay PUBLISHER the Net Billings of each issue of each Publication distributed pursuant to xxxx Xxreement, less all credits to which DISTRIBUTOR shall be entitled, if any, as follows:
(i) An "Initial Advance Payment" in an amount equal to [***] (or [***] with respect to Publications not previously distributed by a national distributor and as to which there are no Measurement Issues) of Distributor's Estimated Final Net Billings with respect to such issue less any GST applicable to xxxx xxsue and less any Over Advances (as hereinafter defined) shall be paid to PUBLISHER on the later of [***] days after the Completion of Shipping or [***] days after receipt by DISTRIBUTOR of the Printer's Completion Notice with respect to such issue, less any Canadian GST advanced by DISTRIBUTOR hereunder; and
(ii) A "Settlement Payment" in an amount equal to the Net Billings of such issue, less
(A) the aggregaxx xxxxnt of all-advance payments made by DISTRIBUTOR to PUBLISHER or for its account with respect to such issue;
(B) all charges, allowances, discounts and other credits or reimbursements actually paid or credited to Distributor's Sales Outlets or others by DISTRIBUTOR to which DISTRIBUTOR shall be entitled pursuant to the terms hereof, or as shall have been approved in advance in writing by PUBLISHER with respect to such issue, or which have been actually paid or credited to Distributor's Sales Outlets or others by DISTRIBUTOR for other issues of such Publication and which were not previously deducted from a payment by DISTRIBUTOR to PUBLISHER;
(C) all fees and charges owing by PUBLISHER to DISTRIBUTOR pursuant to the terms hereof for services performed by DISTRIBUTOR with respect to such Publication; and
(D) all other deductions permitted to be taken by DISTRIBUTOR pursuant to the terms of this Paragraph 15 shall be paid to PUBLISHER [***] days after the Off-Sale Date of such issue.
(b) DISTRIBUTOR shall account and pay to PUBLISHER for Foreign sales and Returns separately from non-Foreign sales and Returns. All Initial Advance Payments for Foreign sales payable pursuant to the terms of subparagraph (a)(i) of this Paragraph 15 shall be calculated solely with respect to Foreign sales as set forth on the Settlement Payment Publisher Statements of the Measurement Issues. Notwithstanding the provisions of subparagraph (a)(ii) of this Paragraph 15, the Settlement Payment for Foreign sales of an issue shall be made [***] days after...
Payments to Publisher. Payments to Publisher shall be made by wire transfer to: CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, ABA#: CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, Attn: CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION, Account Name: Brilliant Digital Entertainment, Account #: CONFIDENTIAL INFORMATION OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Payments to Publisher. The corresponding Royalty for the Initial Order for any Selected Game shall be paid by Distributor to Publisher as follows: (a) with respect to any SKU of a Selected Game that is on a proprietary platform (i.e., any platform for which the platform owner (e.g., Sony, Microsoft, Nintendo) must approve and manufacture (or control manufacturing of) the Selected Game), Distributor shall make such payment no later than thirty (30) calendar days following the date on which such platform owner approves the gold master of such Selected Game; and (b) with respect to all other SKUs of any Selected Games, thirty (30) days following the delivery of the gold master(s) therefor. Before manufacturing (or having manufactured) any additional units thereof, Distributor shall pay the applicable Royalty to Publisher with respect to such additional units. Accounting Statements. Distributor will provide Publisher no later than thirty (30) calendar days following the end of each month, an accurate and detailed accounting statement in a format to be determined by Publisher in its reasonable discretion relating to the sale of all Selected Games in the Territory. Audit Rights. During the Term, and for a period of thirty-six (36) months thereafter, Publisher may itself or through any independent U.S. accounting firm upon reasonable advance written notice of at least ten (10) days to Distributor, audit the records relevant to the subject matter of this Short Form Distribution Agreement during normal business hours and in such a manner as not unreasonably interfere with the normal business activities of Distributor. Such auditor shall be independent of the Publisher and its affiliates and shall be engaged on a flat fee basis with respect to such audit. All corresponding audit costs shall be at Publisher’s expense unless such audit reveals at least a five percent (5%) shortfall in amounts owing to Publisher, in which case, Distributor shall reimburse Publisher for the costs of such audit.
Payments to Publisher. Overture shall pay to Publisher the compensation specified in each applicable Rider within forty-five (45) days after the end of the *** in which the applicable revenue was earned by Overture; provided, however, Overture will not be in breach for failing to make payment within the stated period for any compensation due Publisher in connection with the Territory other than the United States, where Publisher fails to comply with OSSIL invoicing requirements. Overture shall notify Publisher in advance of any applicable billing requirements. All payments will be made in U.S. dollars, calculated by Overture using the average exchange rate published from a nationally recognized source (e.g. Oxxxx.xxx, Wall Street Journal, Reuters, etc) for the currency in which payment is made by Advertisers. The “average exchange rate” will be the average of the daily exchange rates for the *** in which such amounts were recognized. Overture shall have no obligation to make any payment in any period where the aggregate amount due Publisher for the Territory other than the United States is less than $250. Overture may hold such payments due Publisher until the aggregate amount due Publisher for the Territory other than the United States exceeds $250 and will remit such amount upon the next scheduled payment. Overture may offset any of these amounts by any amount Publisher owes to Overture, including amounts for overpayments previously made by Overture. Except as specifically set forth in this Section 5.2, Overture will retain all revenues derived from or in connection with this Agreement. [***] Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
Payments to Publisher. The corresponding Royalty for the Initial Order for any Selected Game shall be paid by Distributor to Publisher as follows: (a) with respect to any SKU of a Selected Game that is on a proprietary platform (i.e., any platform for which the platform owner (e.g., Sony, Microsoft, Nintendo) must approve and manufacture (or control manufacturing of) the Selected Game), Distributor shall make such payment no later than thirty (30) calendar days following the date on which such platform owner approves the gold master of such Selected Game; and (b) with respect to all other SKUs of any Selected Games, thirty (30) days following the delivery of the gold master(s) therefor. Before manufacturing (or having manufactured) any additional units thereof, Distributor shall pay the applicable Royalty to Publisher with respect to such additional units.
Payments to Publisher. Payments to Publisher shall be made by wire transfer to: [*], ABA#: [*], Attn: [*], [*], Account Name: Brilliant Digital Entertainment, Account #: [*].
Payments to Publisher. Provided that Publisher is not in [***] of this Agreement, Overture shall pay to Publisher the compensation specified in each applicable Rider within [***] after the end of the [***] in which the applicable revenue was recognized by Overture. All payments will be made in U.S. dollars. With each payment, Overture will include a report that reasonably describes the basis upon which the compensation paid was determined. Overture will have no obligation to make payments in instances when Publisher has failed to utilize the source feed indicators designated by Overture set forth in Section 6.2 of this Overture Master Agreement. Except as specifically set forth in this Section 5.2, Overture will retain all revenues derived from or in connection with this Agreement.
Payments to Publisher
