Common use of Discount Level Clause in Contracts

Discount Level. An initial Discount Level, as stated in Schedule B, is to be fixed by mutual agreement, based on a predicted Aggregate Dollar Value of VAR’s purchases within the first Ordering Period, derived from commitments, estimates, marketing plans and other information provided by the VAR, and from criteria established by NSI including (if applicable) VAR’s purchases in prior periods. Discounts granted at the agreed Discount Level are not subject to b▇▇▇ back or retroactive adjustment because of VAR’s failure to achieve the Aggregate Dollar Value associated with the agreed Discount Level. Aggregate Dollar Value means the total dollar value (U.S.) of Licensed Software, Annual Maintenance Contracts, Pass Thru Training, and Packaged Services ordered by VAR and paid for in a timely manner. Stocking orders will not be counted as Aggregate Dollar Value or towards the Marketing Rebate or Marketing Development Fund until VAR ships the software to its Customer.