Common use of TECHNICAL CREDITS Clause in Contracts

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Amazon may elect to provide Customers with a refund for such program and apply the amount of such refund as a credit (“Withdrawn Program Credit”) when calculating Total Actuals in accordance with Section 8.1.2.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. 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 when calculating Total Actuals (“Withdrawn Program Credit”) when calculating Total Actuals as set forth in accordance with Section 8.1.2. . 7.1 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. . 7.2 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. 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 when calculating Total Actuals (“Withdrawn Program Credit”) when calculating Total Actuals as set forth 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. In consideration of the rights granted hereunder, Amazon shall pay to CDD, with respect to each Feature Film that is an Included Program (i) a License Fee (as determined in accordance with this Article) and (ii) a Film Servicing Fee (as determined in Section 9.2.1 below). During the Term, the “License Fee” shall be equal to the aggregate total of all Total Actuals occurring during the Term, as described and calculated as set forth below.