Definition of Distributor’s Gross Receipts Except For Educational Use Sample Clauses

Definition of Distributor’s Gross Receipts Except For Educational Use. (i) In applying the formula set forth in this Section for calculating Supplemental Market fees, Distributor's gross receipts shall be included in the formula at one hundred percent (100%) of the actual amount of such gross receipts for all Supplemental Markets. (ii) As used herein, the term “Distributor’s gross receipts” shall mean the absolute gross income received by all Distributors (as hereinafter defined) of such television program from the Supplemental Market use thereof, anywhere in the world, and including the case of a “foreign territorial sale” by any such Distributor, the income received from such sale by such Distributor, but not the income received by the “purchaser” or the “licensee.” “Distributor,” as used in this Agreement, shall mean the Producer when it distributes such program for Supplemental Market use. Gross receipts at the retail level would not be Distributor’s gross receipts hereunder. Further, if the Producer itself acts as Distributor and Retailer, a reasonable allocation of the retail gross receipts shall be made as between the Producer as Distributor and the Producer as Retailer, and only the former shall be deemed to be Distributor’s gross receipts. (iii) The Distributor’s gross receipts shall not include: (A) Sums realized or held by way of deposit as security, until and unless earned, other than such sums as are non-refundable; (B) Rebates, credits or repayments for cassettes returned (and in this connection the Producer shall have the right to set up a reasonable reserve for returns); (C) Sums required to be paid or withheld as taxes, in the nature of turnover taxes, sales taxes or similar taxes based on the actual receipts of such program or on any moneys to be remitted to or by the Producer or such other Distributor; but there shall not be excluded from Distributor’s gross receipts any net income tax, franchise tax or excess profit tax or similar tax payable by the Producer or such Distributor on its net income or for the privilege of doing business; (D) Frozen foreign currency until the Producer shall either have the right to freely use such foreign currency, or Producer or Distributor has the right to transmit to the United States to Producer or Distributor such foreign currency from the country or territory where it is frozen. If such currency may be utilized or transmitted as aforesaid, it shall be deemed to have been converted to United States dollars at the rate of exchange at which such currency was actually transm...
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Definition of Distributor’s Gross Receipts Except For Educational Use i. In applying the formula set forth in this section for calculating fees for Supplemental Markets, Distributor's gross receipts shall be included in the formula at one hundred percent (100%) of the actual amount of such gross receipts for all Supplemental Markets. ii. As used herein, the term "Distributor's gross receipts" shall mean the absolute gross income received by all Distributors (as hereinafter defined) of such television program from the use of cassettes thereof anywhere in the world, and including the case of a "foreign territorial sale" by any such Distributor, the income received from such sale by such Distributor but not the income received by the "purchaser" or the "licensee". "Distributor" as used in this agreement shall mean the Employer when it distributes such program for Supplemental Market use. Gross receipts at the retail level would not be Distributor's gross receipts hereunder. Further, if the Employer itself acts as Distributor and retailer, a reasonable allocation of the retail gross receipts shall be made as between the Employer as Distributor and the Employer as retailer, and only the former shall be deemed to be Distributor's gross receipts.
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