Transmission of Valid Gross Sales Sample Clauses

Transmission of Valid Gross Sales. HDI will transmit to Encore only Valid Gross Sales. Encore will pay HDI the Compensation described in and referenced by Section 4 on all Valid Gross Sales transmitted to it. For sales to Telephone Customers, a Valid Gross Sale means a sale of a Program membership achieved in Substantial Conformity with an Encore approved Script to a Telephone Customer from which a Legally Compliant Recording has been made and for whom Encore has received from HDI the Mandatory Customer Information. A Legally Compliant Recording is a recording which evidences the express informed consent of the Telephone Customer, as defined by the FTC Telemarketing Sales Rule, to be charged for the Program in accordance with its terms using the identified account, and if a debit card is to be charged contains the Telephone Customer’s electronic signature compliant with the E-Sign Act, copies of which may be obtained by the Telephone Customer, authorizing, in accordance with Regulation E, recurrent charges for the Program to be billed to the debit card (except that the absence of an electronic signature is excused if the Telephone Customer has not identified the actual debit card to be charged despite reasonable procedures being used by the HDI TSR during the call to elicit this information). For Internet sales, a Valid Gross Sale means a sale of a Program membership achieved from the presentation of mutually approved Website Marketing Materials to a customer of the Participating Websites for whom Encore has received from HDI the Mandatory Customer Information and who if using a debit card for payment has provided an electronic signature as described above. Such persons described above are referred to as