Report and Payment Terms. SIE will provide Publisher with statements identifying the quantity of Digitally Delivered Product sold or licensed by SIE to, or otherwise purchased by, Users (based upon the date SIE receives payment) as well as any refunds for Digitally Delivered Products. Subject to the receipt of Publisher’s valid tax invoice which meets the requirements of the relevant taxation authorities (where requested by an SIE Company), SIE will pay Publisher the Wholesale Price and/or agreed revenue share for the net quantity of Digitally Delivered Products sold or licensed on PSN in the currency, at the times, and in the manner stated in the Guidelines but not before the initial commercial release of the applicable Licensed Product in the Territory, or as otherwise communicated to Publisher. Where any amounts that SIE must pay under this GDPA are based on SIE or Affiliate revenue, those amounts are calculated after deduction for consumption taxes (including VAT), duties, charges or assessments which SIE or an Affiliate may have to collect or pay with respect to the sale or licensing of Licensed Products. Applicable currency exchanges will be based on the Sony Corporation official rate, or such other independent third party currency conversion provider as SIE may adopt in its sole discretion, for the period in which the relevant Digitally Delivered Products are sold or licensed on PSN. Subject to Section 15.2.3: (a) if the total amount of refunds issued by the applicable SIE Company for refunded Digitally Delivered Products exceeds the amount owed by that SIE Company to Publisher in the relevant period, Publisher shall pay that SIE Company an amount equal to the difference; (b) SIE may withhold sums equal to refunds it has made from any payments due to Publisher and withhold payment of any other disputed funds until such time as the parties resolve any dispute; and (c) if requested by SIE, Publisher shall issue credit notes to SIE for all refunds shown in SIE’s statement in the month following that in which it receives a statement from SIE itemizing the refund in question.
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Samples: Playstation Global Developer and Publisher Agreement, Publisher Agreement (Take Two Interactive Software Inc)
Report and Payment Terms. SIE SCE will provide Publisher with statements identifying the quantity of Digitally Delivered Product sold or licensed by SIE SCE to, or otherwise purchased by, Users (based upon the date SIE SCE receives payment) as well as any refunds for Digitally Delivered Products. Subject to the receipt of Publisher’s valid tax invoice which meets the requirements of the relevant taxation authorities (where requested by an SIE SCE Company), SIE SCE will pay Publisher the Wholesale Price and/or or agreed revenue share for the net quantity of Digitally Delivered Products sold or licensed on PSN in the currency, at the times, and in the manner stated in the Guidelines but not before the initial commercial release of the applicable Licensed Product in the TerritoryGuidelines, or as otherwise communicated to Publisher. Where any amounts that SIE SCE must pay under this GDPA are based on SIE SCE or Affiliate revenue, those amounts are calculated after deduction for consumption taxes (including VAT), duties, charges or assessments which SIE SCE or an Affiliate may have to collect or pay with respect to the sale or licensing of Licensed Products. Applicable currency exchanges will be based on the Sony Corporation official rate, or such other independent third party currency conversion provider as SIE SCE may adopt in its sole discretion, for the period in which the relevant Digitally Delivered Products are sold or licensed on PSN. Subject to Section 15.2.3: (a) if If the total amount of refunds issued by the applicable SIE SCE Company for refunded Digitally Delivered Products exceeds the amount owed by that SIE SCE Company to Publisher in the relevant period, Publisher shall pay that SIE SCE Company an amount equal to the difference; (b) SIE . SCE may withhold sums equal to refunds it has made from any payments due to Publisher and withhold payment of any other disputed funds until such time as the parties resolve any dispute; and (c) if . If requested by SIESCE, Publisher shall issue credit notes to SIE SCE for all refunds shown in SIESCE’s statement in the month following that in which it receives a statement from SIE SCE itemizing the refund in question.
Appears in 1 contract
Samples: Playstation Global Developer and Publisher Agreement (Motorsport Gaming Us LLC)
Report and Payment Terms. SIE will provide each Publisher Affiliate or its designee set forth in Schedule 2 with statements identifying the quantity of Digitally Delivered Product sold or licensed by SIE to, or otherwise purchased by, Users (based upon the date SIE receives payment) in the applicable Territory as well as any refunds for Digitally Delivered Products, at the times set forth in Schedule 2. Subject to the receipt of Publisher’s valid tax invoice which meets the requirements of the relevant taxation authorities (where requested by an SIE Company), SIE will pay to each Publisher Affiliate the Wholesale Price and/or mutually agreed revenue share for the net quantity of Digitally Delivered Products sold or licensed on PSN in the currency, at the times, and in the manner stated in the Guidelines but not before the initial commercial release of the applicable Licensed Product in the TerritoryGuidelines, or as otherwise communicated to Publishermutually agreed by the parties in writing in Schedule 2. Where any amounts that SIE must pay under this GDPA are based on SIE or Affiliate revenue, those amounts are calculated after deduction for consumption taxes (including VAT), duties, charges or assessments which SIE or an Affiliate may have are legally required to collect or pay with respect to the sale or licensing of Licensed Products. Applicable currency exchanges will be based on the Sony Corporation official rate, or such other independent third party currency Sony Computer Entertainment PLAYSTATION GDPA version 1.00 25 CONFIDENTIAL conversion provider as SIE may adopt in its sole discretion, for the period in which the relevant Digitally Delivered Products are sold or licensed on PSN. Subject With respect to Section 15.2.3: (a) any [***] that an SIE Company is entitled to take in any reporting period in accordance with the terms of [***], the SIE Company shall [***], provided, however, that if the total amount of refunds issued by the applicable SIE Company for refunded Digitally Delivered Products [***] exceeds the amount owed by that SIE Company to Publisher in the relevant reporting period, then Publisher shall pay that [***]. Any [***] applied by an SIE Company an amount equal to the difference; (b) SIE may withhold sums equal to refunds it has made from any payments due amounts owed to Publisher and withhold payment of in any other disputed funds until such time as reporting period pursuant to Section 15.2.1 will be clearly noted on the parties resolve any dispute; and (c) if reporting provided to Publisher pursuant to this Section 15.2.4. If requested by SIE, Publisher shall issue credit notes to SIE for all refunds shown in SIE’s statement in the month following that in which it receives a statement from SIE itemizing the refund in question. SIE will discuss in good faith with Publisher to harmonize reporting periods and pay amounts due to Publisher under this Section 15.2.4 on a [***] basis within [***] days of the end of each calendar [***] throughout the Territory, provided that SIE’s decision to delay or forgo such harmonization of reporting periods and timing of payments will not be deemed a breach of this GDPA.
Appears in 1 contract
Samples: Developer & Publisher Agreement (Electronic Arts Inc.)