Common use of Minimum Distribution Commitment Clause in Contracts

Minimum Distribution Commitment. Distributor shall distribute Bundles to End Users in Tier A Countries so that either (a) at least [ *** ] ([ *** ]) Bundles per calendar month are downloaded by End Users in Tier A Countries, or (b) there are at least [ *** ] ([ *** ]) Successful Browser Installations per calendar month in Tier A Countries (the "Tier A Minimum Distribution Commitment"). The foregoing (b) shall be referred to as the "Tier A Successful Installation Minimum." Distributor shall distribute Bundles to End Users in Tier B Countries so that either (c) at least [ *** ] ([ *** ]) Bundles per calendar month are downloaded by End Users in Tier B Countries, or (d) there are at least [ *** ] ([ *** ]) Successful Browser Installations per calendar month in Tier B Countries (the "Tier B Minimum Distribution Commitment."). The foregoing (d) shall be referred to as the "Tier B Successful Installation Minimum." Distributor shall distribute Bundles to End Users in Tier C Countries so that either (e) at least [ *** ] ([ *** ]) Bundles per calendar month are downloaded by End Users in Tier C Countries, or (f) there are at least [ *** ] ([ *** ]) Successful Browser Installations per calendar month in Tier C Countries (the "Tier C Minimum Distribution Commitment"). The foregoing (f) shall be referred to as the "Tier C Successful Installation Minimum."

Appears in 2 contracts

Sources: Promotion and Distribution Agreement (Divx Inc), Promotion and Distribution Agreement (Divx Inc)

Minimum Distribution Commitment. Distributor shall distribute Bundles to End Users in Tier A Countries so that either (a) at least [ *** ] ([ *** ]) Bundles per calendar month are downloaded by End Users in Tier A Countries, or (b) there are at least [ *** ] ([ *** ]) Successful Browser Installations per calendar month in Tier A Countries (the "Tier A Minimum Distribution Commitment"). The foregoing (b) shall be referred to as the "Tier A Successful Installation Minimum." Distributor shall distribute Bundles to End Users in Tier B Countries so that either (c) at least [ *** ] ([ *** ]) Bundles per calendar month are downloaded by End Users in Tier B Countries, or (d) there are at least [ *** ] ([ *** ]) Successful Browser Installations per calendar month in Tier B Countries (the "Tier B Minimum Distribution Commitment."). The foregoing (d) shall be referred to as the "Tier B Successful Installation Minimum." Distributor shall distribute Bundles to End Users in Tier C Countries so that either (e) at least [ *** ] ([ *** ]) Bundles per calendar month are downloaded by End Users in Tier C Countries, or (f) there are at least [[ *** ] ([ *** ]) Successful Browser Installations per calendar month in Tier C Countries (the "Tier C Minimum Distribution Commitment"). The foregoing (f) shall be referred to as the "Tier C Successful Installation Minimum."

Appears in 1 contract

Sources: Promotion and Distribution Agreement (Divx Inc)

Minimum Distribution Commitment. Distributor shall distribute Bundles to End Users in Tier A Countries so that either (a) at least [ *** ] ([ *** ]) Bundles per calendar month are downloaded by End Users in Tier A Countries, or (b) there are at least [ *** ] ([ *** ]) Successful Browser Installations per calendar month in Tier A Countries (the "Tier A Minimum Distribution Commitment"). The foregoing (b) shall be referred to as the "Tier A Successful Installation Minimum." Distributor shall distribute Bundles to End Users in Tier B Countries so that either (c) at least [ *** ] ([ *** ]) Bundles per calendar month are downloaded by End Users in Tier B Countries, or (d) there are at least [ *** ] ([ *** ]) Successful Browser Installations per calendar month in Tier B Countries (the "Tier B Minimum Distribution Commitment."). The foregoing (d) shall be referred to as the "Tier B Successful Installation Minimum." Distributor shall distribute Bundles to End Users in Tier C Countries so that either (e) at least [ *** ] ([ *** ]) Bundles per calendar month are downloaded by End Users in Tier C Countries, or (f) there are at least [ *** ] ([ *** ]) Successful Browser Installations per calendar month in Tier C Countries (the "Tier C Minimum Distribution Commitment"). The foregoing (f) shall be referred to as the "Tier C Successful Installation Minimum."”“ For the sake of clarity, distributions or installations occurring prior to January 1, 2007 shall continue to be subject to the terms of Section 3.4(a) of the Amended Agreement as amended through Amendment Five.

Appears in 1 contract

Sources: Google Toolbar and Google Deskbar Promotion and Distribution Agreement (Divx Inc)