MICROSOFT PAYMENT REQUIREMENTS Clause Samples

MICROSOFT PAYMENT REQUIREMENTS. Microsoft requires it's customers to pay it's invoices within terms. In order to maintain compliance, 85% of the gross invoice value for Select must be current as of Microsoft's fiscal month-end. Unapplied credits will be excluded from the calculation. *CONFIDENTIAL INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SEC. Microsoft 1995/1996 Channel Agreement Large Account Reseller Rebate Addendum July-December, 1995 Page A2 4 2. MICROSOFT STREET DATE REQUIREMENTS: From time to time, Microsoft may announce a new product or new versions of an existing product for which Microsoft shall set a Street Date. In order to comply with the Street Date requirements, CUSTOMER shall not: o Ship or deliver the product to any end-user customer prior to the Street Date. o Accept any end user payment for the product prior to the Street Date. Checks and/or credit card numbers may be accepted by CUSTOMER, but can only be processed when product is delivered to the end user on or after the Street Date. o Advertise, merchandise, or promote the product to end user customers until it is officially announced by Microsoft. Usually, the product announcement is on the Street Date. If the product announcement is earlier than the Street Date, Microsoft will clearly communicate the announce date to the channel. If product is announced by Microsoft before the Street Date, the product can be advertised, merchandised and/or promoted immediately after such announcement, provided that all such promotions clearly state that the product is not yet available for purchase. o Allow it's distribution centers and/or warehouses to distribute, for a period of up to twelve months, a Street Date product to any individual sales office, retail store, or outlet which Microsoft in its sole discretion has determined to be in violation of the Street Date Requirements. In the event CUSTOMER violates the Street Date for any special products specified in a Microsoft Street Date letter (including, but not limited to Microsoft(R) Windows(R) 95), CUSTOMER shall forfeit up to the entire Compliance Rebate for the six month Rebate period in which the violation occurred. Should CUSTOMER fail to comply with the Street Date Requirements, Microsoft may also, for a period of up to twelve (12) months, withhold shipments to CUSTOMER of future product until the Street Date of such product. Should CUSTOMER wish to report a Street Date violation, CUSTOMER may fax a copy of a dated sales receipt to STREET DATE VIOLATIONS...

MICROSOFT PAYMENT REQUIREMENTS. Microsoft requires its customers to pay its invoices within terms. In order to maintain compliance one hundred percent (100%) of the gross invoice value for non-Select must be current as of Microsoft's fiscal month end, no less than eighty-five percent (85%) of the gross invoice value for Select must be current as of the end of Microsoft's ----------------------- * Information omitted pursuant to a request for confidential treatment. fiscal months July, August, October and November, and no less than ninety (90%) of the gross invoice value for Select must be current as of the end of Microsoft's fiscal months September and December. Additionally, no less than ninety percent (90%) of unapplied credits must be current as of Microsoft's fiscal month-end, and no greater than one percent (1%) of the gross value for Select invoices shall be past net 60 days. Unapplied credits will be excluded from the calculation. Beginning in January, 1998 no less thin ninety percent (90%) of Select invoices must be current as of Microsoft's fiscal month end for all months.