Common use of Other Products Clause in Contracts

Other Products. If ITUNES at any time during the Term exercises its discretion under Section 3(b) to accept additional product configurations, then ITUNES will make available one or more wholesale price tiers for such additional products. If multiple tiers are made available, COMPANY shall have the right to designate any applicable tier for each product of COMPANY Content delivered by COMPANY to ITUNES; provided that COMPANY may change the designated tier for a particular product xxxxxx during the Term. Notwithstanding anything to the contrary herein (including any wholesale price tier made available by ITUNES or tier designation by COMPANY), the wholesale price for any product xxxxxx. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. EXHIBIT C-1: Audio Clips Clips may be xxxxxx. If Clips are not provided by COMPANY, they may be created by ITUNES from the xxxxxx of the applicable eMaster. Format / Formatting ITUNES may convert COMPANY Content into eMasters in any format using any encoder xxxxxx for sale on the Online Store under the terms of this Agreement so long as the sound quality and integrity, attributable to such format or encoder, of COMPANY’S eMasters having the Security Solution and COMPANY’s eMasters having no Security Solution, respectively, is commensurate with the sound quality and integrity of third party eMasters that are similarly (i.e., either with or without the Security Solution, as the case may be) made available for sale on and delivered from the Online Store. Delivery Format COMPANY shall deliver COMPANY Content to ITUNES xxxxxx.

Appears in 4 contracts

Samples: Digital Music Download Sales Agreement (Orchard Enterprises, Inc.), Digital Music Download Sales Agreement (Orchard Enterprises, Inc.), Digital Music Download Sales Agreement (Orchard Enterprises, Inc.)

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Other Products. If ITUNES at any time during the Term exercises its discretion under Section 3(b) to accept additional product configurations, then ITUNES will make available one or more wholesale price tiers for such additional products. If multiple tiers are made available, COMPANY shall have the right to designate any applicable tier for each product of COMPANY Content delivered by COMPANY to ITUNES; provided that COMPANY may change the designated tier for a particular product xxxxxx during the Term. Notwithstanding anything to the contrary herein (including any wholesale price tier made available by ITUNES or tier designation by COMPANY), the wholesale price for any product xxxxxx. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. EXHIBIT C-1: Audio Clips Clips may be xxxxxx. If Clips are not provided by COMPANY, they may be created by ITUNES from the xxxxxx of the applicable eMaster. Format / Formatting ITUNES may convert COMPANY Content into eMasters in any format using any encoder xxxxxx for sale on the Online Store under the terms of this Agreement so long as xxxxxx the sound quality and integrity, attributable to such format or encoder, of COMPANY’S eMasters having the Security Solution and COMPANY’s eMasters having no Security Solution, respectively, is commensurate with the sound quality and integrity of third party eMasters that are similarly (i.e., either with or without the Security Solution, as the case may be) made available for sale on and delivered from the Online Store. Delivery Format COMPANY shall deliver COMPANY Content to ITUNES in xxxxxx. Delivery Method COMPANY Content shall be delivered to ITUNES using either the proprietary iTunes Producer software (access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions), a secure FTP site address provided by ITUNES to COMPANY, rsync over SSH, or such other delivery means as may be reasonably requested by ITUNES or mutually agreed between the Parties from time to time. COMPANY acknowledges and agrees that use of iTunes Producer requires certain Mac hardware and software (current required specifications, which are subject to change as iTunes Producer is upgraded or otherwise, are available on the LabelConnect site). All COMPANY Content will be delivered to a server in California by means of telecommunications or via “load & leave” per California regulation 1502. No tangible personal property will transfer to ITUNES. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. EXHIBIT C-2: Videos Clips Clips may be xxxxxx or xxxxxx. Clips may be created by ITUNES from the applicable COMPANY Content. Format / Formatting ITUNES may convert COMPANY Content into eMasters and Format them for sale and delivery from the Online Store as follows: xxxxxx.

Appears in 4 contracts

Samples: Digital Music Download Sales Agreement (Orchard Enterprises, Inc.), Digital Music Download Sales Agreement (Orchard Enterprises, Inc.), Digital Music Download Sales Agreement (Orchard Enterprises, Inc.)

Other Products. If ITUNES at any time during the Term exercises its discretion under Section 3(b) to accept additional product configurations, then ITUNES will make available one or more wholesale price tiers for such additional products. If multiple tiers are made available, COMPANY shall have the right to designate any applicable tier for each product of COMPANY Content delivered by COMPANY to ITUNES; provided that COMPANY may change the designated tier for a particular product xxxxxx [***] during the Term. Notwithstanding anything to the contrary herein (including any wholesale price tier made available by ITUNES or tier designation by COMPANY), the wholesale price for any product xxxxxx. [***] *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. EXHIBIT C-1: Audio Clips Clips may be xxxxxx[***]. If Clips are not provided by COMPANY, they may be created by ITUNES from the xxxxxx [***] of the applicable eMaster. Format / Formatting ITUNES may convert COMPANY Content into eMasters in any format using any encoder xxxxxx [***] for sale on the Online Store under the terms of this Agreement so long as [***] the sound quality and integrity, attributable to such format or encoder, of COMPANY’S eMasters having the Security Solution and COMPANY’s eMasters having no Security Solution, respectively, is commensurate with the sound quality and integrity of third party eMasters that are similarly (i.e., either with or without the Security Solution, as the case may be) made available for sale on and delivered from the Online Store. Delivery Format COMPANY shall deliver COMPANY Content to ITUNES xxxxxxin [***] Delivery Method COMPANY Content shall be delivered to ITUNES using either the proprietary iTunes Producer software (access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions), a secure FTP site address provided by ITUNES to COMPANY, rsync over SSH, or such other delivery means as may be reasonably requested by ITUNES or mutually agreed between the Parties from time to time. COMPANY acknowledges and agrees that use of iTunes Producer requires certain Mac hardware and software (current required specifications, which are subject to change as iTunes Producer is upgraded or otherwise, are available on the LabelConnect site). *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. EXHIBIT C-2: Videos Clips Clips may be [***]or [***] whichever is longer. Clips may be created by ITUNES from the applicable COMPANY Content.

Appears in 1 contract

Samples: Digital Music Download Sales Agreement (Digital Music Group, Inc.)

Other Products. If ITUNES at any time during the Term exercises its discretion under Section 3(b) to accept additional product configurations, then ITUNES will make available one or more wholesale price tiers for such additional products. If multiple tiers are made available, COMPANY shall have the right to designate any applicable tier for each product of COMPANY Content delivered by COMPANY to ITUNES; provided that COMPANY may change the designated tier for a particular product xxxxxx during the Term. Notwithstanding anything to the contrary herein (including any wholesale price tier made available by ITUNES or tier designation by COMPANY), the wholesale price for any product xxxxxx. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. EXHIBIT C-1: Audio Clips Clips may be xxxxxx. If Clips are not provided by COMPANY, they may be created by ITUNES from the xxxxxx of the applicable eMaster. Format / Formatting ITUNES may convert COMPANY Content into eMasters in any format using any encoder xxxxxx for sale on the Online Store under the terms of this Agreement so long as xxxxxx the sound quality and integrity, attributable to such format or encoder, of COMPANY’S 'S eMasters having the Security Solution and COMPANY’s eMasters having no Security Solution, respectively, is commensurate with the sound quality and integrity of third party eMasters that are similarly (i.e., either with or without the Security Solution, as the case may be) made available for sale on and delivered from the Online Store. Delivery Format COMPANY shall deliver COMPANY Content to ITUNES in xxxxxx. Delivery Method COMPANY Content shall be delivered to ITUNES using either the proprietary iTunes Producer software (access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions), a secure FTP site address provided by ITUNES to COMPANY, rsync over SSH, or such other delivery means as may be reasonably requested by ITUNES or mutually agreed between the Parties from time to time. COMPANY acknowledges and agrees that use of iTunes Producer requires certain Mac hardware and software (current required specifications, which are subject to change as iTunes Producer is upgraded or otherwise, are available on the iTunes Connect site). All COMPANY Content will be delivered to a server in California by means of telecommunications or via “load & leave” per California regulation 1502. No tangible personal property will transfer to ITUNES. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. EXHIBIT C-2: Videos Clips Clips may be xxxxxx or xxxxxx. Clips may be created by ITUNES from the applicable COMPANY Content.

Appears in 1 contract

Samples: Digital Music Download Sales Agreement (Orchard Enterprises, Inc.)

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Other Products. If ITUNES at any time during the Term exercises its discretion under Section 3(b) to accept additional product configurations, then ITUNES will make available one or more wholesale price tiers for such additional products. If multiple tiers are made available, COMPANY shall have the right to designate any applicable tier for each product of COMPANY Content delivered by COMPANY to ITUNES; provided that COMPANY may change the designated tier for a particular product xxxxxx during the Term. Notwithstanding anything to the contrary herein (including any wholesale price tier made available by ITUNES or tier designation by COMPANY), the wholesale price for any product xxxxxx. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. EXHIBIT C-1: Audio Clips Clips may be xxxxxx. If Clips are not provided by COMPANY, they may be created by ITUNES from the xxxxxx of the applicable eMaster. Format / Formatting ITUNES may convert COMPANY Content into eMasters in any format using any encoder xxxxxx for sale on the Online Store under the terms of this Agreement so long as xxxxxx the sound quality and integrity, attributable to such format or encoder, of COMPANY’S 'S eMasters having the Security Solution and COMPANY’s eMasters having no Security Solution, respectively, is commensurate with the sound quality and integrity of third party eMasters that are similarly (i.e., either with or without the Security Solution, as the case may be) made available for sale on and delivered from the Online Store. Delivery Format COMPANY shall deliver COMPANY Content to ITUNES in xxxxxx. Delivery Method COMPANY Content shall be delivered to ITUNES using either the proprietary iTunes Producer software (access to which is provided by ITUNES to COMPANY during the Term pursuant to applicable terms and conditions), a secure FTP site address provided by ITUNES to COMPANY, rsync over SSH, or such other delivery means as may be reasonably requested by ITUNES or mutually agreed between the Parties from time to time. COMPANY acknowledges and agrees that use of iTunes Producer requires certain Mac hardware and software (current required specifications, which are subject to change as iTunes Producer is upgraded or otherwise, are available on the iTunes Connect site). *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted provisions. EXHIBIT C-2: Videos Clips Clips may be xxxxxx or xxxxxx. Clips may be created by ITUNES from the applicable COMPANY Content. Format / Formatting ITUNES may convert COMPANY Content into eMasters and Format them for sale and delivery from the Online Store as follows: xxxxxx.

Appears in 1 contract

Samples: Digital Music Download Sales Agreement (Orchard Enterprises, Inc.)

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