Common use of Revenue Payments Clause in Contracts

Revenue Payments. Notwithstanding the non-exclusive nature of the Publishing License, all revenue generated by any Co-Publisher (“Licensed Game Revenue”) shall be paid directly to the Licensee without deduction of any kind. Notwithstanding the foregoing, Developer agrees that it shall promptly pay to Licensee any Licensed Game Revenue that is paid to it rather than Licensee, without deductions of any kind. To the extent that any Co-Publisher identifies and negotiates agreements with Platforms or otherwise arranges for the Licensed Game to be sold (collectively, the “Platform Agreements”), the Co-Publisher shall promptly notify Licensee and use commercially reasonable efforts to provide that each Platform Agreement direct all Licensed Game Revenue to Licensee as the beneficiary of any payments earned thereunder. If the Platform refuses to direct revenues directly to Licensee, the Co-Publisher may receive Licensed Game Revenue directly and pay all such revenues to Licensee (“Co-Publisher Payments”) without deductions of any kind to a bank account provided by Licensee within thirty (30) days from the end of the calendar month in which such revenues are received. The Co-Publisher shall designate in such agreement that a copy of all statements shall be sent to an email address of the Licensee and all payments to be made to the Co-Publisher under such agreement shall be deposited in the bank account designated by the Licensee. The Developer agrees that Platform Agreements shall establish fair, just and equitable market rates, and arms-length prices in such dealings, which shall be created on a reasonable and empirically justifiable basis. Developer shall provide a statement detailing Licensed Game Revenues received pursuant to Platform Agreements according to a form provided to Developer by Licensee. Developer acknowledges and agrees that Developer’s failure to comply with the provisions of this Section 2.6 would be a material breach of this Agreement and an infringement of Licensee’s Intellectual Property Rights. Licensed Game Revenue shall not include revenues received by the Developer pursuant to its rewards crowdfunding campaigns for the Licensed Game conducted on Xxx.xx.

Appears in 2 contracts

Samples: Video Game License Agreement, Video Game License Agreement (Fig Publishing, Inc.)

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Revenue Payments. Notwithstanding the non-exclusive nature of the Publishing License, all revenue generated by any Co-Publisher from the Licensed Game (“Licensed Game Revenue”) shall be paid directly to the Licensee without deduction of any kind. Notwithstanding the foregoing, Developer agrees that it shall promptly pay and it shall use commercially reasonable efforts to cause any other Co-Publisher to promptly pay to Licensee any Licensed Game Revenue that is paid to it rather than Licensee, without deductions of any kind. To the extent that any Co-Publisher identifies and negotiates agreements with Platforms or otherwise arranges for the Licensed Game to be sold (collectively, the “Platform Distribution Agreements”), the Co-Publisher shall promptly notify Licensee and use commercially reasonable efforts to provide that each Platform Distribution Agreement direct all Licensed Game Revenue to Licensee as the beneficiary of any payments earned thereunder. If the Platform Distributor refuses to direct revenues directly to Licensee, the Co-Publisher may receive Licensed Game Revenue directly and pay all such revenues to Licensee (“Co-Publisher Payments”) without deductions of any kind to a bank account provided by Licensee within thirty in accordance with Section 4.4. Licensed Game Revenue shall not include revenues received by the Developer pursuant to its Rewards Crowdfunding campaigns for the Licensed Game conducted on Xxx.xx; provided, however, (30i) days any revenues from any rewards crowdfunding campaigns, whether conducted on Fig, on the end Developer’s own website or on another crowdfunding platform, that is not spent in the development of the calendar month Licensed Game will be included in which Licensed Game Revenue, and (ii) Developer will not raise any such revenues are received. The Co-Publisher shall designate in such agreement that a copy of all statements shall be sent rewards crowdfunding, prior to an email address 6 month’s of the Licensee and all payments to be made to commercial release of the Co-Publisher under such agreement shall be deposited in the bank account designated by the Licensed Game without Licensee’s mutual consent. The Developer agrees that Platform Distribution Agreements and agreements with any Co-Publisher shall establish fair, just and equitable market rates, and arms-length prices in such dealings, which shall be created on a reasonable and empirically justifiable basis. Developer shall provide a statement detailing Licensed Game Revenues received pursuant to Platform Agreements according to a form provided to Developer by Licensee. Developer acknowledges and agrees that Developer’s failure to comply with the provisions of this Section 2.6 2.4 would be a material breach of this Agreement and an infringement of Licensee’s Intellectual Property Rights. Licensed Game Revenue shall not include revenues received by the Developer pursuant to its rewards crowdfunding campaigns for the Licensed Game conducted on Xxx.xx.

Appears in 1 contract

Samples: Video Game License Agreement (Fig Publishing, Inc.)

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Revenue Payments. Notwithstanding the non-exclusive nature of the Publishing License, all revenue generated by any Co-Publisher from the Licensed Game (“Licensed Game Revenue”) shall be paid directly to the Licensee without deduction of any kind. Notwithstanding the foregoing, Developer agrees that it shall promptly pay pay, and it shall use commercially reasonable efforts to cause any other Co-Publisher to promptly pay, to Licensee any Licensed Game Revenue that is paid to it rather than Licensee, without deductions of any kind. To the extent that any Co-Publisher identifies and negotiates agreements with Platforms or otherwise arranges for the Licensed Game to be sold (collectively, the “Platform Distribution Agreements”), the Co-Publisher shall promptly notify Licensee and use commercially reasonable efforts to provide that each Platform Distribution Agreement direct all Licensed Game Revenue to Licensee as the beneficiary of any payments earned thereunder. If the Platform Distributor refuses to direct revenues directly to Licensee, the Co-Publisher may receive Licensed Game Revenue directly and pay all such revenues to Licensee (“Co-Publisher Payments”) without deductions of any kind to a bank account provided by Licensee within thirty in accordance with Section 4.4. Licensed Game Revenue shall not include revenues received by the Developer pursuant to its Rewards Crowdfunding campaigns for the Licensed Game conducted on Xxx.xx; provided, however, (30i) days any revenues from any rewards crowdfunding campaigns, whether conducted on Fig, on the end Developer’s own website or on another crowdfunding platform, that is not spent in the development of the calendar month Licensed Game will be included in which Licensed Game Revenue, and (ii) Developer will not raise any such revenues are received. The Co-Publisher shall designate rewards crowdfunding in such agreement that a copy of all statements shall be sent the six months prior to an email address the commercial release of the Licensee and all payments to be made to the Co-Publisher under such agreement shall be deposited in the bank account designated by the Licensed Game without Licensee’s mutual consent. The Developer agrees that Platform Distribution Agreements and agreements with any Co-Publisher shall establish fair, just and equitable market rates, and arms-length prices in such dealings, which shall be created on a reasonable and empirically justifiable basis. Developer shall provide a statement detailing Licensed Game Revenues received pursuant to Platform Distribution Agreements according to a form provided to Developer by Licensee. Developer acknowledges and agrees that Developer’s failure to comply with the provisions of this Section 2.6 2.4 would be a material breach of this Agreement and an infringement of Licensee’s Intellectual Property Rights. Licensed Game Revenue shall not include revenues received by the Developer pursuant to its rewards crowdfunding campaigns for the Licensed Game conducted on Xxx.xx.

Appears in 1 contract

Samples: Video Game License Agreement (Fig Publishing, Inc.)

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