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 Licensee shall not issue Technical Credits for any programs that have been withdrawn and/or excluded from the DHE Service pursuant to Articles 6 and 18 of Schedule A; provided, however, that in those instances where Licensee would otherwise have issued a Technical Credit for a program that has been withdrawn or excluded from the DHE Service, Licensee may elect to provide DHE Customer with a refund for such program and apply the amount of such refund as a credit when calculating DHE Total Actuals (“Withdrawn Program Credit”), subject to the monthly cap set forth in Section 8.2 below.
7.1 For the avoidance of doubt, such Technical Credits shall apply only to Approved Formats for which DHE Usage Rules do not permit the DHE Customer to maintain multiple or moveable personal copies of the DHE Included Programs.
7.2 Licensee shall report to Licensor on a monthly basis for the previous month how many Technical Credits have been issued as a percentage of all DHE Customer Transactions with respect to the DHE Included Programs.
7.3 Further, Licensee shall actively monitor and report to Licensor wherever Licensee
(a) has actual knowledge of fraudulent Technical Credit requests with respect to Licensor’s content or (b) becomes aware of a pattern of repeat...
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.
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. 6.1 Licensee may offer a Subscriber an additional copy and/or an additional decryption key (“Technical Credits”) for an Included Program solely as follows: One (1) additional copy of an Included Program or one (1) additional decryption key may be offered without charge to any Subscriber who has paid the Subscriber Price for an 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) on Licensee’s customer service number or technical help website. Additional Technical Credits shall be allowed solely in the event that such Subscriber represents, and such representation is not contradicted by evidence or behavior, that such Subscriber has had a hardware or software malfunction that renders one or more copies of a validly purchased Included Program unviewable or that the Approved Device to which an Included Program was delivered has been replaced or upgraded. Licensee shall not issue Technical Credits for any Included Programs that have been withdrawn and/or excluded from the Licensed 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 Licensed Service, Licensee may elect to provide Subscriber with a refund for such program and apply the amount of such refund as a credit when calculating Total Actuals (“Withdrawn Program Credit”), subject to the monthly cap set forth in Section
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.
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. Fee Deduction Non-Discrimination. In the event Studio grants for any other DHE distributor in the Territory the right to deduct a limited percentage of fees due with regard to any transactions for which a user has been charged but has not paid the applicable retail fee to the distributor (i.e., bad debt), Studio shall promptly, but in no event longer than sixty (60) days, notify Comcast in writing of such grant and offer to Comcast such right, and Comcast shall have the right to apply the benefit of such right on a retroactive basis relating to the date upon which such right was first granted to any applicable DHE distributor; provided, however, that Studio shall have the right to require Comcast agree to the same terms and conditions agreed to by the other DHE distributor that directly relate to the granting of such deduction for unpaid retail fees.
