Qualifying Revenue Clause Samples

Qualifying Revenue. For avoidance of doubt, the calculation of Qualifying Revenue shall be performed consistently throughout all applicable Earnout Years in accordance with GAAP as applied in the preparation of the Audited Financial Statements.

Qualifying Revenue. As used in this Agreement, “Qualifying Revenue” means, with respect to any period, the (i) gross revenue recognized by the Surviving Corporation during such period from the Surviving Corporation’s sales or deliveries of its current (as of the date hereof) and derivative product lines, plus (ii) gross revenue recognized by the Surviving Corporation during such period from the Surviving Corporation’s maintenance contracts (including the recognition of deferred revenue), minus (iii) returns, refunds, and discounts of the Surviving Corporation and its Subsidiaries for any and all products, Contracts and other services or business lines, in each case of clauses (i) through and inclusive of (iii), calculated in accordance with GAAP and the accounting and revenue recognition methods used by Parent in the ordinary course of business, consistent with past practices, but excluding any such sales or deliveries for which the Company has recognized revenue prior to the applicable period.

Qualifying Revenue. In respect of your activities as a Market Partner, you may earn product revenue (“Product Revenue”) or you may retain plan revenue (“Plan Revenue”) or you may receive commissions (“Commissions”), and where applicable, you agree to pay premium amounts (“Premiums”) as follows: (a) Product Revenue earned by you from the sale of a Product purchased from us; (b) Plan Revenue retained by you from a RPP (Registered Product Protection Plan) such as a Smart3, Smart5 or Smart10 Plan, or a Custom Protection Program, that is sold by you, acting as an Agent for Zucora, where the plan is subsequently registered, and accepted by us, and the plan Revenue is reported to us and you have paid or agree to pay the Premium amount to us; or (c) Plan Revenue retained by you from the sale of an APP (Activated Product Protection Plan) such as a SmartOne Plan, that is sold by you, acting as an Agent for Zucora, where the plan Premium has been prepaid by you for the APP; or (d) Commissions paid directly to you by us based on the HSP (Home Service Plan) retail plan amount paid by a Customer subscribing to a Home Service Plan, directly as a result of enrolling through a link from your website, or an enrolment subsequent to the Customer’s activation of an APP purchased from you; provided the enrolment is accepted by us and where the Customer continues to provide HSP plan payments to us.

Qualifying Revenue. The aggregate Revenue received from and only from each Attributable Customer (A) for support for the first year for which support is rendered to such Attributable Customer (but no subsequent years) and (B) for product licensing (but not any revenue or other credit from consulting, maintenance, training, education or other professional services).

Qualifying Revenue