Premium Products and Associated Fees For Residential Portal. As of the Effective Date, Client is not actively marketing or selling Premium Products to its customers. However, Client has in the past sold Premium Products to its customers, and some of those customers continue to pay for and/or use the Premium Products, and Client wishes to allow such continued use. For any Premium Products still in use by any customers of Client, Synacor shall xxxx Client each month for an amount determined by multiplying the number of Subscription Accounts (as defined below and as reported by Client to Synacor monthly) in a given month (based on the number of Subscription Accounts existing on the last day of the given month) by the monthly fees relating to the pertinent Premium Product(s) subscribed to by the specific Subscription Account, as applicable. Client shall have the right at any time to terminate any given Subscription Account, including, but not limited to, in the event the User has not paid for the applicable Content. For purposes herein, a “Subscription Account” is defined as an account that allows a User of a Residential Portal access to the identified Premium Products, Client Sourced Content for which Client requires authentication, and/or Synacor Sourced Content from the Residential Portal or other location as may be agreed to by the parties.
Premium Products and Associated Fees For Residential Portal. Related premium content has been bundled into packages as described below (the “Premium Products”) and is hereby made available to Client for placement on the Residential Portal. In the event Client elects to place any of the Premium Products on the Residential Portal, Synacor shall xxxx Client each month for an amount determined by multiplying the number of Subscription Accounts (as defined below and as reported by Client to Synacor monthly) in a given month (based on the number of Subscription Accounts existing on the last day of the given month) by the monthly fees relating to the pertinent Premium Product(s) subscribed to by the specific Subscription Account, as applicable. Client shall have the right at any time to terminate any given Subscription Account, including, but not limited to, in the event the User has not paid for the applicable Content. For purposes herein, a “Subscription Account” is defined as an account that allows a User of a Residential Portal access to the identified Premium Products, Client Sourced Content for which Client requires authentication, and/or Synacor Sourced Content from the Residential Portal or other location as may be agreed to by the parties. In addition to other rights Client may have under this Agreement (including but not limited to Client’s right to eliminate or replace Synacor Sourced Content with Client Sourced Content at any time), Client may elect to require Synacor to use reasonable commercial efforts to provide reasonably equivalent Synacor Sourced Content at fees equal to or lower than those attributable to then-current Synacor Sourced Content, or to modify the Synacor Sourced Content mix as necessary to result in a mutually agreeable Premium Product. Synacor will use commercially reasonable efforts to ensure that its Synacor Sourced Content is current and relevant in the market. Synacor will not source Premium Products with the intent that such Content will not comply with the content restrictions in Section 7 of Schedule C. However, certain Content, such as movie or music related Content, may include some of the restrictions included in Section 7 of Schedule C.
