Common use of Hits Programs Clause in Contracts

Hits Programs. Beginning on the Amendment Effective Date, the Hits Program manufacturing requirements for Platinum or Classic Hits as set forth in Exhibit 1, Section 2.b (Table 1) of the Xbox 360 PLA shall be replaced with the following: “b. As of the date Publisher wishes to Commercially Release the Software Title as a Hits FPU, Publisher must have manufactured the following minimum FPUs of the Software Title as a Standard Software Title for the applicable time period, Sales Territory and Hits Program. Platinum or Classic Hits [***] [***] [***] [***] Family Hits [***] [***] [***] [***] Kinect Hits [***] [***] [***] [***] Kinect Hits (applies only to [***])* [***] [***] [***] [***] *These Kinect Hits qualifications apply solely to Hits FPUs that (i) have a royalty rate of Hits Tier [***] or Hits Tier [***]; (ii) use Kinect as the primary control mechanism (“Better with Kinect” Software Titles are not eligible); and (iii) have achieved at least one of the following review scores: [***] Metacritic score; or [***] stars on ▇▇▇▇.▇▇▇; or [***] stars on ▇▇▇▇▇▇.▇▇.▇▇/.▇▇▇ (as may be updated via the Xbox 360 Publisher Guide) provided that any of the foregoing must have at least [***] published reviews to qualify.”

Appears in 2 contracts

Sources: Xbox 360 Publisher License Agreement (Take Two Interactive Software Inc), Xbox 360 Publisher License Agreement (Take Two Interactive Software Inc)