Common use of Uptime Percentage Clause in Contracts

Uptime Percentage. If during any full calendar month of the term of the Agreement, the Uptime Percentage for a Covered Service is lower than the Minimum Uptime Percentage, and Customer notifies Adobe in writing (through Customer’s CSM, as applicable, or Adobe Customer Care) about such Downtime within 30 days of the Downtime, Adobe shall provide Customer with a service credit for that Covered Service in accordance with the table below in Section 3.2 (“Service Credit”). The Service Credit percentage will be calculated against Monthly Fees for the Covered Service and will be paid against future fees. The “Monthly Fee” will be calculated based upon the licensing fees for the Covered Service as stated in the applicable Sales Order (excluding flow-through costs for third-party services (e.g., media buys, data)). If, for example, the licensing fee for the Covered Service is an annual licensing fee, then the Monthly Fee will be equal to the annual licensing fee applicable to the Covered Service divided by 12.

Uptime Percentage. If during any full calendar month of the term of the Agreement, the Uptime Percentage for a Covered Service is lower than the Minimum Uptime Percentage, and Customer notifies Adobe in writing (through Customer’s CSM, as applicable, or Adobe Customer Care) about such Downtime within 30 days of the Downtime, Adobe shall provide Customer with a service credit for that Covered Service in accordance with the table below in Section 3.2 (“Service Credit”). The Service Credit percentage will be calculated against Monthly Fees for the Covered Service and will be paid against future fees. The “Monthly Fee” will be calculated based upon the licensing fees for the Covered Service as stated in the applicable Sales Order (excluding flow-through costs for third-party services (e.g., media buys, data)). If, for example, the licensing fee for the Covered Service is an annual licensing fee, then the Monthly Fee will be equal to the annual licensing fee applicable to the Covered Service divided by 12. Adobe reserves the right to apportion value to Covered Services when Customer has licensed multiple products under one SKU in order to calculate Service Credits.