Payments to Yahoo Sample Clauses

Payments to Yahoo. Merchant will pay to Yahoo! [*] Service Orders. [*] “Service Order” means an order for one or more Merchant products placed by a user as part of a discrete transaction on the Service. Yahoo! will calculate the fees due to Yahoo! based on the Service Orders that Yahoo! records. Merchant will pay such fees due to Yahoo! on [*] basis within [*] after the date of the invoice that Yahoo! provides to Merchant. Merchant acknowledges and agrees that Yahoo! records are the official, definitive records for the purpose of calculating the fees due to Yahoo! under this Agreement. Yahoo! will permit Merchant, at Merchant’s expense, to retain a reputable, independent certified public accounting firm that is reasonably acceptable to Yahoo! solely for the purpose of reviewing, at a mutually agreed upon time during normal business hours, those Yahoo! records that relate to the calculation of fees due to Yahoo! under this Agreement. Such reviews must not be conducted more often than once every twelve (12) month period of the Term. Prior to any such review, Merchant will require the certified public accounting firm to sign a standard confidentiality agreement approved by Yahoo!, and the results of any such review will be considered Confidential Information. In the event that any review reveals an overpayment of more than [*], Yahoo! will pay the reasonable cost of such review. All fees are payable in U.S. dollars. Late payments will bear interest at the rate of [*] per month (or the highest rate permitted by law, if less). In the event of any failure by Merchant to make payment, Merchant will be responsible for all reasonable expenses (including attorneys’ fees) incurred by Yahoo! in collecting such amounts.
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Payments to Yahoo. Merchant will make payments to Yahoo! [*] Service Order basis (the “Service Order Fee”) according to the following schedule on a [*] basis within [*] after the date of the invoice that Yahoo! provides to Merchant, which invoice will describe in reasonable detail Yahoo!’s calculation of the Service Order Fee: [*] [*] A “Service Order” is an order for one or more Merchant products placed by a user on the Merchant Site as it is remotely integrated into Yahoo! Shopping, excluding each order that is placed immediately after the user clicks on an advertising unit placed by Yahoo! according to [*], as recorded by Yahoo!. Yahoo! will calculate the Service Order Fee based on the Service Orders that Yahoo! records. Merchant acknowledges and agrees that Yahoo! records are the official, definitive records for the purpose of calculating the Service Order Fee. [*] Yahoo! shall maintain, during the Term and for a period of 6 months after the expiration or termination of this Agreement, those records and other related materials reasonably necessary for Yahoo! to calculate the Service Order Fee. Yahoo! will permit Merchant, at Merchant’s expense, to retain a reputable, independent certified public accounting firm that is reasonably acceptable to Yahoo! solely for the purposes of reviewing, at a mutually agreed upon time * Material has been omitted pursuant to a request for confidential treatment. during normal business hours, those Yahoo! records that relate to the calculation of Service Order Fee, Merchant will be entitled to invoke this one-time right to review at any time during the Term and for a period of 6 months after the expiration or termination of this Agreement, which review can extend to only those records and other materials relating to Yahoo!’s calculation of the Service Order Fee between the First Extension Effective Date and the date on which the Agreement expires or terminates. Prior to this review, Merchant will require the certified public accounting firm to sign a standard confidentiality agreement approved by Yahoo!, and the results of this review will be considered Confidential Information. In the event that this review reveals an overpayment of more than [*] Service Order Fee by Merchant, Yahoo! will pay the reasonable cost of this review to Merchant within [*] after Merchant makes the results of this review available to Yahoo!. In the event that this review reveals any overpayment of the Service Order Fee by Merchant, Yahoo! either will credit the a...
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Payments to Yahoo. Merchant will pay to Yahoo! [***]* of Revenue received by Merchant. "Revenue" means the total net retail amount of sales, [***]*. Merchant will pay such Revenue share amounts quarterly within [***]* days of the end of each quarter and will accompany each payment with a written report certified by an officer of Merchant that includes (a) the total retail dollar amount of sales made via the Service and (b) the calculation of Revenue share due to Yahoo!. Merchant will maintain complete and accurate records in accordance with generally accepted methods of accounting for all such transactions and will allow Yahoo!, at its own expense, to direct an independent certified public accounting firm to inspect and audit such records during normal business hours with written notice to Merchant. Such audits will not be -------- * Confidential treatment has been requested for the bracketed portion. The confidential redacted portion has been omitted and filed separately with the Securities and Exchange Commission.
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Payments to Yahoo. Merchant will pay to Yahoo! [*] of Revenue received by Merchant. "Revenue" means the total net retail amount of sales, excluding shipping, handling, taxes and returns, from users that purchase Merchant products via the Service. Merchant will pay such Revenue share amounts [*] within [*] days of the end of each [*] and will accompany each payment with a written report certified by an officer of Merchant that includes (a) the total retail dollar amount of sales made via the Service and (b) the calculation of Revenue share due to Yahoo!. Merchant will maintain complete and accurate records in accordance with generally accepted methods of accounting for all such transactions and will allow Yahoo!, at its own expense, to direct an independent certified public accounting firm to inspect and audit such records during normal business hours with written notice to Merchant. In the event that any audit reveals an underpayment of more than [*] percent [*], Merchant will pay the reasonable cost of such audit. All fees are payable in U.S. dollars. Late payments will bear interest at the rate of one percent (1%) per month (or the highest rate permitted by law, if less). In the event of any failure by Merchant to make payment, Merchant will be responsible for all reasonable expenses (including attorneys' fees) incurred by Yahoo! in collecting such amounts.
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Payments to Yahoo. Merchant will pay to Yahoo! one percent (1%) of Revenue received by Merchant. "Revenue" means the total net retail amount of sales, excluding shipping, handling, taxes, credit card processing fees, fulfillment fees charged by third party suppliers (which will not exceed $3.00 per item without Yahoo!'s prior written consent, which will not be unreasonably withheld), refunds and rebates paid, and any chargebacks for returned or canceled products, from all purchases of Merchant products that are conducted on the Service. Merchant will pay such Revenue share amounts quarterly within fifteen (15) days of the end of each quarter and will accompany each payment with a written report certified by an officer of Merchant that includes (a) the total retail dollar amount of sales made via the Service and (b) the calculation of Revenue share due to Yahoo!. Merchant will maintain complete and accurate records in accordance with generally accepted methods of accounting for all such transactions and will allow Yahoo!, at its own expense, to direct an independent certified public accounting firm to inspect and audit such records during normal business hours with written notice to Merchant. Such audits will not be
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Related to Payments to Yahoo

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  • Payments to Holders Notwithstanding any provisions of this Indenture and the Senior Notes to the contrary: (a) Except for any payments to be made on a Redemption Date or the Maturity Date, payments with respect to any of the Senior Notes may be made by the Paying Agent upon receipt from the Company of immediately available funds, by check mailed to the Holder, at the address shown in the registrar of the Senior Notes maintained by the Registrar pursuant to Section 2.3 hereof; or (b) At the request of a Holder of at least $5 million in aggregate principal amount of Senior Notes outstanding, all payments with respect to any of the Senior Notes may be made by the Paying Agent upon receipt from the Company of immediately available funds prior to 10:00 a.m., New York City time, directly to the Holder of such Senior Note (whether by federal funds, wire transfer or otherwise); provided, however, that no such federal funds, wire transfer or other such direct payment shall be made to any Holder under this Section 2.14(b) unless such Holder has delivered written instructions to the Trustee prior to the relevant record date for such payment requesting that such payment will be so made and designating the bank account to which such payments shall be so made and, in the case of payments of principal, surrenders the Senior Note to the Trustee in exchange for a Senior Note or Senior Notes aggregating the same principal amount as the unredeemed principal amount of the Senior Notes surrendered. The Trustee shall be entitled to rely on the last instruction delivered by the Holder pursuant to this Section 2.14(b) unless a new instruction is delivered prior to the relevant record date for a payment date. The Company will indemnify and hold the Trustee harmless against any loss, liability or expense (including attorneys' fees and expenses) resulting from any act or omission to act on the part of the Company or any such Holder in connection with any such agreement or which the Paying Agent may incur as a result of making any payment in accordance with any such agreement. All payments made on a Redemption Date are subject to Section 2.8 and Article 3 hereof. No later than fifteen (15) days prior to the Maturity Date, the Trustee shall notify the Holder, at the address shown in the registrar of the Senior Notes maintained by the Registrar pursuant to Section 2.3 hereof, that the Company expects that the final installment of principal of and interest on the Senior Notes will be paid on the Maturity Date. Such notice shall specify that such final installment will be payable only upon presentation and surrender of such Senior Note and shall specify the place where such Senior Notes may be presented and surrendered for payment of such installment. Additionally, in accordance with Section 2.8, such Senior Notes shall cease to be outstanding.

  • PAYMENTS TO PURCHASER 52 ARTICLE VI....................................................................54

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