Common use of Japan Re-Ordering Program Clause in Contracts

Japan Re-Ordering Program. Subject to Microsoft’s approval, certain FPUs of Software Titles released in the Japan Sales Territory may qualify for a lower royalty rate. i. The following requirements must be met in order to qualify: 1. The Software Title must have been commercially available in the Japan Sales Territory between [xxxx] 2. The Software Title must have been commercially available as a Standard FPU in the Japan Sales Territory for [xxxx]. 3. A minimum of [xxxx] FPUs must have been manufactured for sale in the Japan Sales Territory. ii. If Microsoft approves a Software Title for the Japan Re-Ordering Program, the royalty rate for FPUs of the Software Title will be [xxxx] and the following program requirements apply: 1. Publisher must manufacture new FPUs of the Software Title (existing FPUs may not be re-packaged and re-used under this program). 2. The Software Title must have packaging that differentiates it from Standard FPUs and Xbox 360 Platinum Hits Programs packaging. The Software Title must also continue to comply with all packaging requirements set forth in the Xbox 360 PLA and Xbox 360 Publisher Guide. 3. The Suggested Retail Price of the Software Title must be no more than [xxxx]. 4. Within [xxxx] after the first date of manufacture under this Japan Re-Ordering Program, Publisher must meet a MOQ of [xxxx] FPUs. 5. These units will not accumulate towards Unit Discounts or Platinum Hits manufacturing requirements.

Japan Re-Ordering Program. Subject to Microsoft’s 's approval, certain FPUs of Software Titles released in the Japan Sales Territory may qualify for a lower royalty rate. i. The following requirements must be met in order to qualify: 1. The Software Title must have been commercially available in the Japan Sales Territory between [xxxx]**** 2. The Software Title must have been commercially available as a Standard FPU in the Japan Sales Territory for [xxxx]at least ****. 3. A minimum of [xxxx] **** FPUs must have been manufactured for sale in the Japan Sales Territory. ii. If Microsoft approves a Software Title for the Japan Re-Ordering Program, the royalty rate for FPUs of the Software Title will be [xxxx] **** and the following program requirements apply: 1. Publisher must manufacture new FPUs of the Software Title (existing FPUs may not be re-packaged and re-used under this program). 2. The Software Title must have packaging that differentiates it from Standard FPUs and Xbox 360 Platinum Hits Programs packaging. The Software Title must also continue to comply with all packaging requirements set forth in the Xbox 360 PLA and Xbox 360 Publisher Guide. 3. The Suggested Retail Price of the Software Title must be no more than [xxxx]****. 4. Within [xxxx] **** after the first date of manufacture under this Japan Re-Ordering Program, Publisher must meet a MOQ of [xxxx] **** FPUs. 5. These units will not accumulate towards Unit Discounts or Platinum Hits manufacturing requirements.

Japan Re-Ordering Program. Subject to Microsoft’s approval, certain FPUs of Software Titles released in the Japan Sales Territory may qualify for a lower [xxxx] royalty rate. i. (i) The following requirements must be met in order to qualify: 1. The Software Title must have been commercially available in the Japan Sales Territory between [xxxx]. 2. The Software Title must have been commercially available as a Standard FPU in the Japan Sales Territory for at least [xxxx]. 3. A minimum of [xxxx] FPUs must have been manufactured for sale in the Japan Sales Territory. (ii. ) If Microsoft approves a Software Title for the Japan Re-Ordering Program, the royalty rate for FPUs of the Software Title will be [xxxx] and the following program requirements apply: 1. Publisher must manufacture new FPUs of the Software Title (existing FPUs may not be re-packaged and re-used under this program). 2. The Software Title must have packaging that differentiates it from Standard FPUs and Xbox 360 Platinum Hits Programs packaging. The Software Title must also continue to comply with all packaging requirements set forth in the Xbox 360 PLA this Agreement and Xbox 360 Publisher Guide. 3. The Suggested Retail Price of the Software Title must be no more than [xxxx]. 4. Within [xxxx] after the first date of manufacture under this Japan Re-Ordering Program, Publisher must meet a MOQ of [xxxx] FPUs. 5. These units will not accumulate towards Unit Discounts or Platinum Hits manufacturing requirements.