TECHNICAL CREDITS Sample Clauses

TECHNICAL CREDITS. Licensee may offer a DHE Customer an additional copy and/or an additional decryption key (“Technical Credits”) for a DHE Included Program solely as follows: one additional copy of a DHE Included Program or one additional decryption key may be offered without charge to any DHE Customer who has paid the DHE Customer Price for a DHE Included Program and who requests such copy or decryption key for a recovery purpose (e.g., a hardware or software loss or malfunction or a device or software replacement or upgrade) in accordance with Licensee’s terms of service. Additional Technical Credits shall be allowed solely in the event there is no contradicted evidence or behavior suggesting that such DHE Customer has not had a hardware or software malfunction that renders one or more copies of a validly purchased DHE Included Program unviewable or that the Approved Device to which a DHE Included Program was delivered has been replaced or upgraded. Licensee shall not issue Technical Credits in any circumstance where the DHE Customer is able to use the Digital Locker Functionality in compliance with this Agreement to Stream or Electronic Download the applicable DHE Included Program without receiving a Technical Credit from Licensee. Licensee shall not issue Technical Credits for any programs that have been withdrawn and/or excluded from the DHE Service pursuant to Articles 6 and 18 of Schedule A; provided, however, that in those instances where Licensee would otherwise have issued a Technical Credit for a program that has been withdrawn or excluded from the DHE Service, Licensee may elect to provide DHE Customer with a refund for such program and apply the amount of such refund as a credit when calculating DHE Total Actuals (“Withdrawn Program Credit”), subject to the monthly cap set forth in Section 8.2 below.
AutoNDA by SimpleDocs
TECHNICAL CREDITS. Amazon may, during the Term, offer a Customer an additional copy and/or an additional decryption key or grant a Customer a refund of fees paid by a Customer in a Customer Transaction (“Technical Credits”). Amazon may issue Technical Credits where (a) an Included Program was unintentionally selected, (b) the Customer was unable to complete the download or otherwise unable to view the Included Program at a level of quality acceptable to Amazon in its reasonable determination due to technical difficulties (e.g., hardware or software not meeting the Service system requirements), or (c) as necessary to achieve the effects of the Digital Locker Functionality in situations where Digital Locker Functionality cannot be implemented via technological means (it being understood that such situations will be the exception rather than the rule). Amazon shall implement reasonable fraud prevention measures designed to prevent Customer abuse of Technical Credits. Amazon shall not issue Technical Credits in any circumstances where Digital Locker Functionality used in compliance with this Agreement would enable the applicable customer to re-download the applicable Included Program without the need to issue a Technical Credit. Additionally, Amazon shall not issue Technical Credits for any Included Programs that have been subject to Withdrawal pursuant to Section 14 of this Agreement; provided, however, that in those instances during the Term where Amazon would otherwise have issued a Technical Credit for a program that has been subject to Withdrawal, Amazon may elect to provide Customers with a refund for such program and apply the amount of such refund as a credit (“Withdrawn Program Credit”) when calculating Total Actuals in accordance with Section 8.1.2. Amazon shall report to CDD, monthly for the previous rolling 12-month period, how many Technical Credits have been issued as a percentage of all Customer Transactions with respect to the Included Programs. Further, Amazon shall actively monitor wherever Technical Credit requests suggest fraudulent activity on the part of a consumer with respect to Included Programs and use commercially reasonable efforts to minimize such fraudulent activity. In addition, at CDD’s request, Amazon shall consult with CDD about the nature and scope of Amazon’s anti-fraud activities as well as any specific fraud-related issues and/or types of abuse related to Technical Credits. FEES & PAYMENTS.
TECHNICAL CREDITS. In the event of (a) a substantiated, technological failure within the transmission system for delivering an Included Program(s) to Customers resulting in the inability of a Customer to view an Included Program purchased by such Customer via a Customer Transaction; or (b) a Customer Transaction consummated by a Customer in error (e.g., receipt of a purchased Included Program in the event a Customer intended to rent such Included Program), Comcast may, in its discretion, offer a credit to a Customer affected thereby and shall not be obligated to pay to Studio the Fee related to such Customer Transaction (“Permitted Technical Credits”); provided, that the aggregate amount of such Permitted Technical Credits for Included Programs in any month shall not exceed three percent (3%) of the total Fees payable by Comcast with respect to such Included Programs for such month. Furthermore, Comcast may permit Customers to commence viewing an Included Program but not incur a retail fee for it to the extent such viewing period has a total duration of no more than the first five (5) minutes of playback of such asset, commencing with its opening credits.
TECHNICAL CREDITS. For purposes of determining License Fees hereunder, with regard to whether a cap exists on the number of credits or refunds given to Subscribers for the exhibition of any Included Program that is ordered but not properly received, Licensee shall treat Licensor no less favorably than Licensee treats any other Major Studio.
TECHNICAL CREDITS. In the event of a substantiated, technological failure within the transmission system for delivering Selected Content to Customers resulting in the inability of a Customer to view a Selected Content asset purchased by such Customer via a Customer Transaction (e.g., receipt of a purchased Included Program in the event a Customer intended to rent such Included Program), Comcast may, in its discretion, offer a credit to a Customer affected thereby and shall not be obligated to pay to Studio the Fee related to such Customer Transaction. Furthermore, Comcast may permit Customers to commence viewing a Selected Content asset but not incur a retail fee for it to the extent such viewing period has a total duration of less than five (5) minutes from the initial commencement of such asset.

Related to TECHNICAL CREDITS

  • Service Level Credits If Verint does not meet the Uptime Percentage levels specified below, Customer will be entitled, upon written request, to a service level credit (“Service Level Credit”) to be calculated, with respect to the applicable Hosted Environment, as follows: • If Uptime Percentage is at least 99.95% of the month’s minutes, no Service Level Credits are provided; or • If Uptime Percentage is 99.75% to 99.94% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is 99.50% to 99.74% (inclusive) of the month’s minutes, Customer will be eligible for a credit of 7.5% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint; or • If Uptime Percentage is less than 99.50% of the month’s minutes, Customer will be eligible for a credit of 10.0% of a monthly average fee derived from one-twelfth (1/12th) of the then-current annual fee paid to Verint. Customer shall only be eligible to request Service Level Credits if Customer notifies Verint in writing within thirty (30) days from the end of the month for which Service Level Credits are due. All claims will be verified against Verint’s system records. In the event after such notification Verint determines that Service Level Credits are not due, or that different Service Level Credits are due, Verint shall notify Customer in writing on that finding. With respect to any Services Level credits due under Orders placed directly by Customer on Verint, Service Level Credits will be applied to the next invoice following Customer’s request and Verint’s confirmation of available credits; with respect to any Service Level Credits due for SaaS Services under Orders placed on Verint by a Verint authorized reseller on Customer’s behalf, Service Level Credits will be issued by such reseller following Customer’s request and Verint’s confirmation of available credits and such Services Level Credits may only be used by Customer with respect to subsequent purchases of Verint offerings through that reseller. Service Level Credits shall be Customer’s sole and exclusive remedy in the event of any failure to meet the Service Levels. Verint will only provide records of system availability in response to Customer’s good faith claims.

  • Provisional Credit You acknowledge that the Rules make provisional any credit given for an entry until the financial institution crediting the account specified in the entry receives final settlement. If the financial institution does not receive final settlement, it is entitled to a refund from the credited party and the originator of the entry will not be deemed to have paid the party.

  • Service Credits Employees on pregnancy leave shall be entitled to normal accumulation of service credits for the duration of the pregnancy leave.

  • Offsets and Credits Any amounts due from Vendor may be applied by Citizens against any amounts due to Vendor. Any such amounts that are not so applied shall be paid to Citizens by Vendor within thirty (30) calendar days following Citizens' request.

  • Credits An employee shall earn sick leave credits at the rate of nine decimal three seven five (9.375) hours for each calendar month for which such employee receives pay for at least seventy-five (75) hours.

  • Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

  • Vacation Credits All employees shall participate in the County’s Terminal Pay Plan (Plan). However, only the terminal paychecks (including unused vacation) of those employees who have reached the age of fifty-five (55) shall be placed into the Plan. These terminal paychecks shall be placed into the Plan on a pre-tax basis in accordance with the Plan, all applicable laws and all rules and regulations applicable to the Plan.

  • The Credits Section 2.01.

  • Borrowing of Unearned Vacation Credits With the approval of the Employer, an Employee who has been employed for a period of five (5) or more years may be granted five (5) days from the vacation leave of the next subsequent year.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!