Application Features. 4.1 Digital Turbine shall host the Digital Turbine App in the United States. 4.2 Verizon may elect, in its sole and absolute discretion, to mediate the data usage charges incurred by Subscribers who download applications via the Digital Turbine App; in other words, Verizon may elect to not apply data charges against a Subscriber’s data plan or allowance if such charges were incurred ‘as the direct result of downloading or installing an application via the Digital Turbine App. 4.3 Placement of the applications distributed to an Interactive Wireless Device via the Digital Turbine App within the application tray will be determined by the Interactive Wireless Device’s default setting. In the event that Verizon elects, in its sole and absolute discretion, to include the IQ Widget on any Interactive Wireless Device, the IQ Widget “will be placed on a side screen. 4.4 Any branding of the Digital Turbine App will be determined by Verizon in its sole and absolute discretion. 4.5 The Digital Turbine App must complete the installation and delivery of each Verizon Non-CPI Inventory application to at least [***] of Interactive Wireless Devices within [***] of such Interactive Wireless Device’s initial setup. [***]. The [***] target rate does not include failures stemming from a lack of network connectivity or device failure. 4.6 Digital Turbine shall provide first tier customer support to Verizon for any customer-facing issues stemming from the installation, delivery or hosting of applications by the Digital Turbine App. Verizon shall provide first-tier customer support for all network and device related issues. 4.7 Digital Turbine agrees to comply with the requirements set forth in Exhibit B [Omitted] when scheduling maintenance windows to provide maintenance to the Digital Turbine App. CONFIDENTIAL PORTIONS OF THIS EXHIBIT MARKED AS [***] HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. 4.8 This Agreement does not provide for carrier billing, however, the Parties agree in good faith to discuss and work toward the future implementation of carrier billing, either directly through Verizon by integrating Verizon’s Direct Carrier Billing API into the Digital Turbine App or through a third party billing vendor. The Parties further agree to discuss in good faith the possibility of integrating the Digital Turbine App with Verizon’s VIG system.
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Sources: Software as a Service Agreement (Digital Turbine, Inc.)
Application Features. 4.1 4.1. Digital Turbine shall host the Digital Turbine App Server in the United States.
4.2 4.2. Verizon may elect, in its sole and absolute discretion, to mediate the data usage charges incurred by Subscribers who download applications via the Digital Turbine App; in other words, Verizon may elect to not apply data charges against a Subscriber’s data plan or allowance if such charges were incurred ‘as the direct result of downloading or installing an application via the Digital Turbine App.
4.3 4.3. Placement of the applications distributed to an Interactive Wireless Device via the Digital Turbine App within the application tray will be determined by the Interactive Wireless Device’s default setting. In , unless otherwise agreed by the event that Verizon elects, in its sole and absolute discretion, to include the IQ Widget on any Interactive Wireless Device, the IQ Widget “will be placed on a side screenParties.
4.4 4.4. Any branding of the Digital Turbine App will be determined by Verizon in its sole and absolute discretion.
4.5 4.5. The Digital Turbine App must complete the installation and delivery of each Verizon Non-CPI Inventory application to at least [***] of Interactive Wireless Devices within [***] days of such Interactive Wireless Device’s initial setup. In the event that Verizon can show that the Digital Turbine App has failed to meet this requirement for a Verizon Non-CPI Inventory application (a “Performance Failure”), Digital Turbine shall increase the revenue share paid to Verizon for CPI Inventory by [***]] for each instance of a Performance Failure for the duration of such Performance Failure. The [***] target rate does not include failures stemming from a lack of network connectivity or device failure.
4.6 4.6. Digital Turbine shall provide first tier customer support to Verizon for any customer-customer- facing issues stemming from the installation, delivery or hosting of applications by the Digital Turbine App. Verizon shall provide first-tier customer support for all network and device related issues.
4.7 4.7. Digital Turbine agrees to comply with the requirements set forth in Exhibit B [Omitted] when scheduling maintenance windows to provide maintenance to the Digital Turbine App. CONFIDENTIAL PORTIONS OF THIS EXHIBIT MARKED AS [***] HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
4.8 4.8. This Renewal Agreement does not provide for carrier billing, however, the Parties agree in good faith to discuss and work toward the future implementation of carrier billing, either directly through Verizon by integrating Verizon’s Direct Carrier Billing API into the Digital Turbine App or through a third party billing vendor. The Parties further agree to discuss in good faith the possibility of integrating the Digital Turbine App with other Verizon billing systems, at Verizon’s VIG systemrequest.
Appears in 1 contract
Sources: Software as a Service Renewal Agreement (Digital Turbine, Inc.)