Common use of Definition of Net Sales Clause in Contracts

Definition of Net Sales. As used in this Agreement, the term "Net Sales" means all revenue you derive from operating the WOB Tavern, including, but not limited to, all amounts you receive at or away from the Site from any activities or services whatsoever including any that are in any way associated with the Marks, and whether from cash, check, barter, debit or credit card, regardless of collection in the case of credit ("Gross Sales"); but excluding: (i) all federal, state or municipal sales, use or service taxes collected from customers and paid to the appropriate taxing authority; (ii) promotional discounts and coupons required by us; and (iii) customer refunds, adjustments, credits and allowances actually made by the WOB Tavern. We may periodically allow you and other franchisees to deduct a portion of complimentary sales, not to exceed 2% of Gross Sales, for purposes of calculating Royalties and Marketing Contributions. This deduction may only be taken for actual complimentary food, beverages or products provided to customers, and for no other reason. This deduction, and any other deduction we authorize, is only available to you as long as you timely and accurately report your Net Sales, including the percentage taken (and supporting documents) for authorized discounts and complimentary sales. We may discontinue this policy at any time for any reason whatsoever. All employee discounts and complimentary food, beverages or other products that you provide must otherwise be included in the definition of Net Sales at the full retail price charged by you to customers for such beverages or products. Net Sales also includes revenues from delivery service sales, retail, concessions, hotel room service, catering, special functions, etc. and sales of any products bearing or associated with the Marks.

Appears in 1 contract

Sources: Franchise Agreement (Pacific Software, Inc.)

Definition of Net Sales. As used in this Agreement, the term "Net Sales" means all revenue you derive from operating the WOB TavernStore, including, but not limited to, all amounts you receive at or away from the Site from any activities or services whatsoever including any that are in any way associated with the Marks, and whether from cash, check, barter, debit or credit card, regardless of collection in the case of credit ("Gross Sales"); but excluding: (i) all federal, state or municipal sales, use or service taxes collected from customers and paid to the appropriate taxing authority; (ii) promotional discounts and coupons required by us; and (iii) customer refunds, adjustments, credits and allowances actually made by the WOB TavernStore. We may periodically allow you and other franchisees to deduct a portion of complimentary sales, not to exceed 2% of Gross Sales, for purposes of calculating Royalties and Marketing Contributions. This deduction may only be taken for actual complimentary food, beverages or products provided to customers, and for no other reason. This deduction, and any other deduction we authorize, is only available to you as long as you timely and accurately report your Net Sales, including the percentage taken (and supporting documents) for authorized discounts and complimentary sales. We may discontinue this policy at any time for any reason whatsoever. All employee discounts and complimentary food, beverages or other products that you provide must otherwise be included in the definition of Net Sales at the full retail price charged by you to customers for such beverages or products. Net Sales also includes revenues from delivery service sales, retail, concessions, hotel room service, catering, special functions, etc. and sales of any products bearing or associated with the Marks.

Appears in 1 contract

Sources: Franchise Agreement (Pacific Software, Inc.)