Normal Retail Channels definition

Normal Retail Channels means all primary retail distribution channels as commonly understood in the recording industry, as they may exist currently or hereafter develop, and any other distribution channels utilized by the sales forces of Universal’s affiliated branch distributors. For purposes of clarity, Normal Retail Channels specifically include, without limitation, exploitation by means of Electronic Transmissions, including through any affiliate or subsidiary of Universal.
Normal Retail Channels distribution of Records through Normal Retail Channels shall mean distribution or sale of Records through: (a) sub-distributors, one-stops, rack jobbers, retailers and/or dealers for ultimate sale to the consumer in retail record and other retail stores (including, without limitation, book stores and computer software stores); (b) direct digital distribution; (c) direct response, direct mail and mail order, including fulfillment or orders solicited and/or received through Internet sites and/or other "on-line" services (but not through so-called "record clubs" distributing Records through mail order); and (d) other channels of trade that are considered to be "normal retail channels" as such term is now or hereafter during the Term generally understood in the United States record industry.
Normal Retail Channels means sales by Company's distributor in the United States (currently the WEA Corporation) or by Company's Foreign Affiliates outside the United States to their retail accounts; (r) "Company's Foreign Affiliates" means Company's affiliates, or the licensees of Company or of Company's affiliates, which distribute Company's newly-released albums through normal retail channels in the Territory but outside the United States and "Company's Licensees" means all entities (whether or not affiliated with Company and including, without limitation, Company's Foreign Affiliates) to which Company has directly or indirectly licensed the right of sale, distribution or exploitation of Masters and other recordings anywhere in the Territory; (s) "net sales" means the cumulative number of records sold by Company through Company's distributor in the United States or through Company's Foreign Affiliates, as applicable, to independent third parties, for which Company has been paid or credited, less records returned for credit at any time for any reason, including at Company's request, and less all credits, cancellations, exchanges or other adjustments, and "U.S. Net Sales" means net sales of records which are not mid-price or budget records and which are distributed through normal retail channels in the United States in disc, tape and CD configurations; (t) "net receipts" means (i) gross advances or flat fees paid to Company by Company's Licensees which are specifically paid solely in respect of Masters hereunder, and (ii) gross royalties received by Company from Company's Licensees [in excess of the gross advances described in the preceding clause (i), if applicable] in respect of uses of Masters by Company's Licensees for which Company has been paid or has otherwise received a credit to Company's account, less Company's expenses in respect of same, including, without limitation,

Examples of Normal Retail Channels in a sentence

  • During the Term, Distributor will solicit and fulfill orders and distribute Records on your behalf through Normal Retail Channels in the Territory.

  • All such sales and disposals shall be through Normal Retail Channels (as defined in the License Agreement) or to those retail outlets identified on Schedule 2.03 to the License Agreement on the date hereof (without regard to any amendment or modification thereof unless otherwise agreed to by Purchaser) (the "Outlets").

  • All sales other than in Normal Retail Channels shall be deemed sales of Discontinued Goods for all purposes hereunder.

  • Conditioned upon your full and faithful performance of all of the terms and conditions hereof, Company shall pay to you with respect to the exploitation of Records hereunder a royalty of twenty percent (20%) of the Suggested Retail List Price for top-line Albums sold through Normal Retail Channels in the United States, as computed, calculated and reduced including, without limitation, reductions for containers, free goods, mid.

  • RAF shall accrue to the account of Grantor, in accordance with the provisions of Article 8 of the Agreement, a royalty of fifteen percent (15%) of the Royalty Base for Net Sales through Normal Retail Channels in the United States of the Duet Album provided, however, no royalties shall be due and payable to Grantor until such time as all Advances have been recouped by or repaid to RAF in respect of the Duet Album.

  • In a supplemental statement for the Reporting Period, Licensee shall show the amount of Net Sales through Normal Retail Channels, the amount of Special Promotion Sales, the amount of Net Sales of Discontinued Goods, and, by country, the Net Sales made pursuant to a distribution right granted under Section 18 below.


More Definitions of Normal Retail Channels

Normal Retail Channels means (a) those retail outlets in the Territory to which Licensor sells products bearing the Company's Marks and (b) subject to Licensor's reasonable approval, such other retail outlets in the Territory whose location, merchandising and overall operations are consistent with the high quality of Licensed Articles and the reputation, image and prestige of the Company's Marks. Attached hereto as Schedule 1.05 (A) is a list of those retail outlets in the Territory approved by Licensor for sale of products bearing the Company's Marks and attached hereto as Schedule 1.05 (B) is a list of additional approved retail outlets for Licensed Articles. Each Schedule is current as of the date of execution of this Agreement and may be modified and supplemented by Licensor and/or by Licensee from time to time.
Normal Retail Channels. Normal retail distribution channels in the record industry, specifically including sales to record stores, book stores and distributors, one-stops, rack jobbers and other wholesalers, mall order and other direct-to-customer sales, so-called "electronic" transmissions, and any other sales to our customers.