Payments to You. YouNow will pay You a licensing fee and/ or revenue for each calendar month of the Partner Broadcasting Term, due to You 60 days after the last day of that month. Payments will be made via PayPal or check or any other method in YouNow's discretion. Transfer fees may apply. Any licensing fee shall be paid to You in YouNow's sole and absolute discretion. Revenue payable to You shall be determined by an algorithm specific to YouNow, including factors such as the number of viewers watching Your broadcasts and the amount of "Virtual Items" (as defined in the Agreement) triggered by users during Your broadcasts and, if applicable, the number of active users of YouNow associated with Your YouNow Account. Notwithstanding the foregoing, the number of Virtual Items triggered during Your broadcast will not correlate directly with revenue paid to You. If You have not accumulated at least $100 of revenue in a calendar month, the balance will be carried over to the next month and You will receive payment when You have accumulated at least $100 (or other amount as YouNow may publish from time to time), provided that the amount shall be aggregated for a period of two (2) calendar months ONLY, and Your not reaching a minimum revenue level of $100 (or other amount as YouNow may publish from time to time), over a period of two (2) months may result in the forfeiture of such revenue. Automated estimated revenue reports will be made available to You via YouNow's App and/or Site and may be provided at the end of each transmission of Broadcaster Content. Estimated revenue as reported through the App or Site is subject to change. Payments and/or reports provided by YouNow on a monthly basis shall supersede any estimated or automated reports. YouNow may at any time deduct and/or recover from You upon demand any revenues derived by You from illegal or fraudulent activity by You or Your behalf no matter when such activity is discovered, or from mistakes on YouNow's part. Before You can receive payment, You must provide YouNow with appropriate tax forms as may be requested from time to time. In particular, You must provide YouNow with a completed IRS Form W-9 or W-8, as applicable, as a prerequisite to participation in the Partner Program, prior to or contemporaneous with the execution of this Broadcaster Amendment. As an independent contractor, You shall be solely responsible for any and all taxes, Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to any compensation paid to You under this Broadcaster Amendment. Without limiting Your indemnity obligations pursuant to the Agreement, You hereby indemnify and hold harmless YouNow and all Related Parties from any and all Losses suffered by YouNow or such Related Parties arising out of Your failure to comply with the foregoing obligations.
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Samples: Younow Partner Broadcaster Amendment (YouNow, Inc.), Younow Partner Broadcaster Amendment (YouNow, Inc.)
Payments to You. YouNow (a) For the duration of this Agreement, you will pay You have a licensing fee and/ rolling account with us the balance of which will be calculated, at any time as follows:
(i) add the Gross Invoice Value of Debts notified to us; then
(ii) multiply that amount by the Payment Percentage; then
(iii) deduct from that amount the value of any amounts paid by us to you in connection with purchases hereunder on a cumulative basis since Commencement less any amounts credited to or revenue for each calendar month of paid by you in connection with Disapproved Debts since the Partner Broadcasting TermCommencement; then
(iv) deduct from that amount any Discount, Administration Fees, Disbursements or other fees then due to You 60 days after the last day of that month. Payments will be made via PayPal or check or any other method in YouNow's discretion. Transfer fees may apply. Any licensing fee shall be paid to You in YouNow's sole and absolute discretion. Revenue payable to You shall be determined by an algorithm specific to YouNow, including factors such as the number of viewers watching Your broadcasts us and the amount value of any current Disapproved Debts for which credit or payment has not been received (including any Debts aged 90 days or more); then
(v) add the value of any re-approved Debts; then
(vi) add any collections of any Debts received from your Customers and the sum so calculated, if positive is your "Virtual Items" Entitlement".
(as defined b) You may request payments of your Entitlement in the Agreement) triggered by users during Your broadcasts and, if applicable, the number of active users of YouNow associated with Your YouNow Account. Notwithstanding the foregoing, the number of Virtual Items triggered during Your broadcast will not correlate directly with revenue paid to You. If You have not accumulated at least $100 of revenue in a calendar month, the balance will be carried over to the next month manner mutually agreed between us and You will receive payment when You have accumulated at least $100 (or other amount as YouNow may publish you from time to time), provided .
(c) You will not be entitled to request or receive any payment from us under paragraph (b) above:
(i) if and to the extent that the amount shall be aggregated for a period of two (2) calendar months ONLY, and Your not reaching a minimum revenue level of $100 (or other amount as YouNow may publish from time to time), over a period of two (2) months may relevant payment would result in the forfeiture aggregate amount of such revenue. Automated estimated revenue reports will be made available to You via YouNow's App and/or Site and may be provided at the end of each transmission of Broadcaster Content. Estimated revenue as reported through the App or Site is subject to change. Payments and/or reports provided by YouNow on a monthly basis shall supersede any estimated or automated reports. YouNow may all payments from us at any time exceeding the Entitlement Limit;
(ii) if you are insolvent; or
(iii) at any time at which we are entitled to terminate this Agreement under Clause 13.2, whether or not we actually exercise any such right.
(d) Each payment made by us to you will be denominated in the same currency as the purchase price of the Debt to which it relates. It is your responsibility to ensure that the account to which such payment is to be transmitted under paragraph (b) above is suitable for the receipt of funds in the relevant currency. We will not be liable for any loss or damage suffered by you in the event that the bank or other institution at which such account is maintained declines to accept a payment transmitted to it in that currency.
(e) We will debit your rolling account with each amount paid to you under paragraph (b) above on the Business Day on which we give instructions to our bankers to transmit that payment to your account under paragraph (d) above.
(f) Upon the occurrence of a Termination Event any further advances to you will cease automatically and from any balance due to you, we shall be entitled to deduct and/or recover from You upon demand any revenues derived by You from illegal or fraudulent activity by You or Your behalf no matter when such activity is discovered, or from mistakes on YouNow's part. Before You can receive payment, You must provide YouNow with appropriate tax forms all commissions and expenses as may otherwise be requested from time to time. In particular, You must provide YouNow with a completed IRS Form W-9 or W-8, as applicable, as a prerequisite to participation provided in the Partner Program, prior to or contemporaneous with the execution of this Broadcaster Amendment. As an independent contractor, You shall be solely responsible for any and all taxes, Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to any compensation paid to You under this Broadcaster Amendment. Without limiting Your indemnity obligations pursuant to the Agreement, You hereby indemnify and hold harmless YouNow and all Related Parties from any and all Losses suffered by YouNow or such Related Parties arising out of Your failure to comply with the foregoing obligations.
Appears in 1 contract
Samples: Receivables Finance Agreement (American Biltrite Inc)
Payments to You. YouNow will pay You a licensing fee and/ or revenue for each calendar month (a) At any stage during the provision of the Partner Broadcasting Termservice you will have a rolling account with us the balance of which will be calculated as follows:
(i) add the Gross Invoice Value of Debts notified to us; then
(ii) multiply that amount by the Payment Percentage in your agreement; then
(iii) deduct from that amount the value of any advances made by us to you; then
(iv) deduct from that sum any Discount, Administration Fees, Disbursements or other fees due to You 60 days after the last day of that month. Payments will be made via PayPal or check or any other method in YouNow's discretion. Transfer fees may apply. Any licensing fee shall be paid to You in YouNow's sole and absolute discretion. Revenue payable to You shall be determined by an algorithm specific to YouNow, including factors such as the number of viewers watching Your broadcasts us and the amount value of "Virtual Items" any Disapproved Debts (including any book debts aged 90 days or more); then
(v) add the value of any re-approved debts and the value of any Debts received from your Customers and the sum so calculated, if shown as defined being due to you is your “Entitlement”.
(b) You may request payments of your Entitlement in the Agreement) triggered by users during Your broadcasts and, if applicable, the number of active users of YouNow associated with Your YouNow Account. Notwithstanding the foregoing, the number of Virtual Items triggered during Your broadcast will not correlate directly with revenue paid to You. If You have not accumulated at least $100 of revenue in a calendar month, the balance will be carried over to the next month manner agreed between us and You will receive payment when You have accumulated at least $100 (or other amount as YouNow may publish you from time to time), provided .
(c) You will not be entitled to request or receive any payment from us under paragraph (b) above:
(i) if and to the extent that the relevant payment would result in the aggregate amount shall be aggregated for a period of two all payments from us at any time exceeding the lower of:
(2A) calendar months ONLYthe amount determined by deducting the aggregate of the Gross Invoice Value of all Disapproved Debts that are outstanding at that time from the aggregate of the Gross Invoice Value of all Debts at that time, and Your multiplying the result by the Payment Percentage; and
(B) the Entitlement Limit;
(ii) if we are of the opinion that you are, or are reasonably likely to become, Insolvent; or
(iii) at any time at which we are entitled to terminate this Agreement under Clause 13.2, whether or not reaching we actually exercise any such right.
(d) We will make payments to an account (which must, unless we agree otherwise in our absolute discretion) be an account in your name and maintained with a minimum revenue level United Kingdom branch of $100 (any major bank or other amount financial institution) by such method of transmission as YouNow we may publish approve from time to time), over a period of two .
(2e) months may result Each payment made by us to you will be denominated in the forfeiture same currency as the purchase price of the Debt to which it relates. It is your responsibility to ensure that the account to which such revenue. Automated estimated revenue reports will payment is to be made available to You via YouNow's App and/or Site and may be provided at transmitted is suitable for the end receipt of each transmission of Broadcaster Content. Estimated revenue as reported through the App or Site is subject to change. Payments and/or reports provided by YouNow on a monthly basis shall supersede any estimated or automated reports. YouNow may at any time deduct and/or recover from You upon demand any revenues derived by You from illegal or fraudulent activity by You or Your behalf no matter when such activity is discovered, or from mistakes on YouNow's part. Before You can receive payment, You must provide YouNow with appropriate tax forms as may be requested from time to time. In particular, You must provide YouNow with a completed IRS Form W-9 or W-8, as applicable, as a prerequisite to participation funds in the Partner Programrelevant currency. We will not be liable for any loss or damage suffered by you in the event that the bank or other institution at which such account is maintained declines to accept a payment transmitted to it in that currency.
(f) We will debit your rolling account with each amount paid to you under Clause 3(b) on the Business Day on which we give instructions to our bankers to transmit that payment to your account under paragraph (d) above.
(g) Upon the occurrence of a Termination Event any further advances to you will cease automatically and from any balance due to you, prior to or contemporaneous with the execution of this Broadcaster Amendment. As an independent contractor, You we shall be solely responsible for any entitled to deduct all commissions and all taxes, Social Security contributions or payments, disability insurance, unemployment taxes, and other payroll type taxes applicable to any compensation paid to You under expenses as provided in this Broadcaster Amendment. Without limiting Your indemnity obligations pursuant to the Agreement, You hereby indemnify and hold harmless YouNow and all Related Parties from any and all Losses suffered by YouNow or such Related Parties arising out of Your failure to comply with the foregoing obligationsagreement.
Appears in 1 contract
Samples: Receivables Finance Agreement (Corgenix Medical Corp/Co)