Common use of E-Commerce Clause in Contracts

E-Commerce. All Revenues collected by either party from e-commerce offered on the Products not involving products or services of GEMS or its affiliates, shall be divided 90% to HealthGate and 10% to GEMS. Any Revenues collected by either party from e-commerce offered on the Products involving products or services of GEMS or its affiliates, for the first two and one-half years following the date of this Agreement, shall be retained 100% by GEMS, and any such Revenues collected after such two and one-half year period shall be divided as the parties negotiate in good faith considering (a) the level of effort expended by each party to enable such e-commerce, (b) prevailing market conditions, (c) comparable third party web-based distribution fees, (d) the price points of GEMS Products, (e) the volume of sales and (f) in no event shall be any less favorable to GEMS than the fees charged by HealthGate to others.

E-Commerce. All Revenues collected by either party from e-commerce offered on the Products not involving products or services of GEMS or its affiliates, shall be divided 90% to HealthGate and 10% to GEMS. Any Revenues collected by either party from e-commerce offered on the Products involving products or services of GEMS or its affiliates, for the first two one and one-half years following the date of this Agreement, shall be retained 100% by GEMS, and any such Revenues collected after such two one and one-half year period shall be divided as the parties negotiate in good faith considering (a) the level of effort expended by each party to enable such e-commerce, (b) prevailing market conditions, (c) comparable third party web-based distribution fees, (d) the price points of GEMS Products, (e) the volume of sales and (f) in no event shall be any less favorable to GEMS than the fees charged by HealthGate to others.