PER PRODUCT BASIS definition
PER PRODUCT BASIS means each distinct form or presentation or use of LICENSED PRODUCT, for example, and without limitation to the foregoing, a meal replacement product is a distinct form of LICENSED PRODUCT to a pre-meal beverage, and the addition of vitamins to an existing formulation will not constitute a distinct form or presentation of LICENSED PRODUCT. In determining whether a particular LICENSED PRODUCT is a distinct form or presentation, no account will be taken of minor changes, such as flavor, packaging or enhancements to an existing form or presentation of LICENSED PRODUCT. In the event that two existing forms and/or presentations of LICENSED PRODUCT are packaged in combination and sold together to THIRD PARTIES, the NET SALES pertaining to such a combination will be apportioned between each individual form or presentation of such LICENSED PRODUCTS in accordance with the relative selling price of each such LICENSED PRODUCT when sold individually by GSK and/or its sublicensees. 1.11 "SPC" shall mean a right based upon a PATENT to exclude others from making, using or selling LICENSED PRODUCT, such as a Supplementary Protection Certificate 1.12 "TERRITORY" shall mean worldwide. 1.13 "THIRD PARTY(IES)" shall mean any party other than GSK, PACIFIC and their respective AFFILIATES. 1.14 "USA" shall mean the United States of America, including all of its territories and possessions.