Common use of Restricted Services Clause in Contracts

Restricted Services. Provider will have the right to provide a particular new service (i.e., a service that has not previously been provided by Provider or any of its Subsidiaries to any customer (including the Recipient Parties)) on an exclusive basis to a third Person customer and such customer’s Subsidiaries for a period of no longer than six (6) months from the first launch of such service, if and only if the following conditions are met (any such service provided on an exclusive basis to such a customer in accordance with this Section 2.9, for so long as permitted under this Section 2.8, a “Restricted Service”): (a) the Total Payment Volume processed by Provider and its Subsidiaries for the customer receiving (or to receive) the new Restricted Service and such customer’s Affiliates (for all services provided to such customer and its Affiliates), during the Calendar Quarter immediately preceding the Calendar Quarter in which provision of the new Restricted Service will commence and for the duration of the provision of the new Restricted Service, does not exceed five percent (5%) of the combined Base TPV of the Taobao Marketplace (at the domain ▇▇▇.▇▇▇▇▇▇.▇▇▇) and the Taobao Mall (at the domain ▇▇▇.▇▇▇▇▇.▇▇▇) during such Calendar Quarter and for the duration of the provision of the new Restricted Service; and (b) the aggregate Total Payment Volume processed by Provider and its Affiliates for all customers receiving (or to receive) Restricted Services and such customers’ Affiliates (for all services provided to such customers and their Subsidiaries), during the Calendar Quarter immediately preceding the Calendar Quarter in which provision of the new Restricted Service will commence and for the duration of the provision of the new Restricted Service, does not exceed ten percent (10%) of the combined Base TPV of the Taobao Marketplace (at the domain ▇▇▇.▇▇▇▇▇▇.▇▇▇) and the Taobao Mall (at the domain ▇▇▇.▇▇▇▇▇.▇▇▇) during such Calendar Quarter and for the duration of the provision of the new Restricted Service; and (c) no customer (including such customer’s Affiliates) may receive more than one (1) Restricted Service at any one time. Upon the earlier of (i) the date that is six (6) months after the first launch of a particular Restricted Service or (ii) the date on which any of the above conditions ceases to be true, the applicable service shall cease to be a Restricted Service, and the Recipient Parties will then and thereafter have the right to receive such service in accordance with the terms of this Agreement.

Restricted Services. Provider will have the right to provide a particular new service (i.e., a service that has not previously been provided by Provider or any of its Subsidiaries to any customer (including the Recipient Parties)) on an exclusive basis to a third Person customer and such customer’s Subsidiaries for a period of no longer than six (6) months from the first launch of such service, if and only if the following conditions are met (any such service provided on an exclusive basis to such a customer in accordance with this Section 2.9, for so long as permitted under this Section 2.82.9, a “Restricted Service”): (a) the Total Payment Volume processed by Provider and its Subsidiaries for the customer receiving (or to receive) the new Restricted Service and such customer’s Affiliates (for all services provided to such customer and its Affiliates), during the Calendar Quarter immediately preceding the Calendar Quarter in which provision of the new Restricted Service will commence and for the duration of the provision of the new Restricted Service, does not exceed five percent (5%) of the combined Base TPV of the Taobao Marketplace (at the domain ▇▇▇.▇▇▇▇▇▇.▇▇▇) and the Taobao Mall Tmall (at the domain ▇▇▇.▇▇▇▇▇.▇▇▇) during such Calendar Quarter and for the duration of the provision of the new Restricted Service; and (b) the aggregate Total Payment Volume processed by Provider and its Affiliates for all customers receiving (or to receive) Restricted Services and such customers’ Affiliates (for all services provided to such customers and their SubsidiariesAffiliates), during the Calendar Quarter immediately preceding the Calendar Quarter in which provision of the new Restricted Service will commence and for the duration of the provision of the new Restricted Service, does not exceed ten percent (10%) of the combined Base TPV of the Taobao Marketplace (at the domain ▇▇▇.▇▇▇▇▇▇.▇▇▇) and the Taobao Mall Tmall (at the domain ▇▇▇.▇▇▇▇▇.▇▇▇) during such Calendar Quarter and for the duration of the provision of the new Restricted Service; and (c) no customer (including such customer’s Affiliates) may receive more than one (1) Restricted Service at any one time. Upon the earlier of (i) the date that is six (6) months after the first launch of a particular Restricted Service or (ii) the date on which any of the above conditions ceases to be true, the applicable service shall cease to be a Restricted Service, and the Recipient Parties will then and thereafter have the right to receive such service in accordance with the terms of this Agreement.