Common use of Publisher Revenue Clause in Contracts

Publisher Revenue. In consideration of the rights granted by Publisher under Section 9.2.2, each applicable SIE Company shall pay to Publisher the applicable Wholesale Price and/or agreed revenue share for the Digitally Delivered Products covered by a Product Submission accepted by SIE. SIE has no obligation to pay for any Digitally Delivered Product (and will be entitled to a refund for amounts paid to Publisher): (i) unless and until SIE receives payment from the relevant User; (ii) that is not fully compliant with this GDPA; (iii) that is defective, non-functional or inaccessible through no fault of SIE; or (iv) that is provided by SIE free of charge as a replacement copy or an agreed promotion. Other than the Wholesale Price and/or agreed revenue share or as otherwise set out in this GDPA, Publisher is not entitled to any other fee in connection with any Digitally Delivered Products. No further Wholesale Price or agreed revenue share shall be payable to Publisher where a User exercises an entitlement included with a Licensed Product (whether at purchase or at a later time) to download additional copies to other Systems or other compatible devices, whether by means of emulation or otherwise. Publisher may change a Digitally Delivered Product’s Wholesale Price and/or Additional Terms by providing SIE with a revised Product Submission specifying the changes and the desired effective date. SIE shall use commercially reasonable efforts to Sony Computer Entertainment meet the effective date of any such changes requested by Publisher. A revised Product Submission shall be subject to the provisions of Section 9.2.7.

Publisher Revenue. In consideration of the rights granted by Publisher under Section 9.2.2, each applicable SIE Company shall pay to Publisher the applicable Wholesale Price and/or agreed revenue share for the Digitally Delivered Products covered by a Product Submission accepted by SIE. SIE has no obligation to pay for any Digitally Delivered Product (and will be entitled to a refund for amounts paid to Publisher): (i) unless and until SIE receives payment from the relevant User; (ii) that is not fully compliant with this GDPA; (iii) that is defective, non-functional or inaccessible through no fault of SIE; or (iv) that is provided by SIE free of charge as a replacement copy or an agreed promotion. Other than the Wholesale Price and/or agreed revenue share or as otherwise set out in this GDPA, Publisher is not entitled to any other fee in connection with any Digitally Delivered Products. No further Wholesale Price or agreed revenue share shall be payable to Publisher where a User exercises an entitlement included with a Licensed Product (whether at purchase or at a later time) to download additional copies to other Systems or other compatible devices, whether by means of emulation or otherwise. Publisher may change a Digitally Delivered Product’s Wholesale Price and/or Additional Terms by providing SIE with a revised Product Submission specifying the changes and the desired effective date. SIE shall use commercially reasonable efforts to Sony Computer Entertainment PLAYSTATION GDPA version 1.01 CONFIDENTIAL meet the effective date of any such changes requested by Publisher. A revised Product Submission shall be subject to the provisions of Section 9.2.7.

Publisher Revenue. In consideration of the rights granted by Publisher under Section 9.2.2, each applicable SIE SCE Company shall pay to Publisher the applicable Wholesale Price and/or or agreed revenue share for the Digitally Delivered Products covered by a Product Submission accepted by SIESCE. SIE SCE has no obligation to pay for any Digitally Delivered Product (and will be entitled to a refund for amounts paid to Publisher): (i) unless and until SIE SCE receives payment from the relevant User; (ii) that is not fully compliant with this GDPA; (iii) that is defective, non-functional or inaccessible through no fault of SIESCE; or (iv) that is provided by SIE SCE free of charge as a replacement copy or an agreed promotion. Other than the Wholesale Price and/or or agreed revenue share or as otherwise set out in this GDPAshare, Publisher is not entitled to any other fee in connection with any Digitally Delivered Products. No further Wholesale Price or agreed revenue share shall be payable to Publisher where a User exercises an entitlement included with a Licensed Product (whether at purchase or at a later time) to download additional copies to other Systems or other compatible devices, whether by means of emulation or otherwise. Publisher may change a Digitally Delivered Product’s Wholesale Price and/or or Additional Terms by providing SIE SCE with a revised Product Submission specifying the changes and the desired effective date. SIE shall use commercially reasonable efforts SCE makes no commitment to Sony Computer Entertainment meet the effective date of any such changes requested chosen by Publisher. A revised Product Submission shall be subject to the provisions of Section 9.2.7.

Publisher Revenue. In consideration of the rights granted by Publisher under Section 9.2.2, each applicable SIE Company shall pay to the applicable Publisher Affiliate or its designee (in accordance with Schedule 2) the applicable Wholesale Price and/or mutually-agreed revenue share for the Digitally Delivered Products (including any associated retail vouchers) covered by a Product Submission accepted by SIE. Subject to the terms of [***] SIE has no obligation to pay for any Digitally Delivered Product (and will be entitled to a refund for amounts previously paid to Publisher): (i) unless and until SIE receives payment from the relevant User; (ii) that is not fully compliant with this GDPA; (iii) that is defective, non-functional or inaccessible through no fault of SIESIE and for which SIE has provided the User a refund; or (iv) that is provided by SIE free of charge as a replacement copy pursuant to the re-download rights contemplated in Section 9.2.2, or an agreed promotionpursuant to a promotion approved of by Publisher. Other than the Wholesale Price and/or mutually-agreed revenue share or as otherwise set out in this GDPAshare, Publisher is not entitled to any other fee in connection with any Digitally Delivered ProductsProducts Sony Computer Entertainment PLAYSTATION GDPA version 1.00 24 CONFIDENTIAL unless otherwise expressly stated in this GDPA or mutually agreed to in writing by Publisher and SIE. No further Wholesale Price or mutually-agreed revenue share shall be payable to Publisher where a User exercises an entitlement included with a Licensed Product (whether at purchase or at a later time) to download additional copies to other Systems or other compatible devices, whether by means of emulation or otherwise, as provided in accordance with the terms of this GDPA. Publisher may change a Digitally Delivered Product’s Wholesale Price and/or Additional Terms by providing SIE with a revised Product Submission specifying the changes and the desired effective date. , and SIE shall will use commercially reasonable efforts to Sony Computer Entertainment meet the effective date of any such changes requested chosen by Publisher. A revised Product Submission shall be subject to the provisions of Section 9.2.7. With respect to any retail vouchers for Digitally Delivered Products distributed by SIE pursuant to Section 9.2.2, SIE will report and pay Publisher the applicable Wholesale Price and/or mutually agreed revenue share for such Digitally Delivered Product [***] for such retail voucher from any retailer or reseller of such Digitally Delivered Product. As used in this Section 15.2, “reporting period” means each period (e.g. monthly or quarterly) for which SIE provides reporting and payment to Publisher in accordance with Section 15.2.4.