Common use of Hits Programs Clause in Contracts

Hits Programs. 5.1 Publisher may elect to participate in certain Platinum or Classic Hits, Platinum or Classic Family Hits or Super Hits programs (collectively referred to herein as "Hits Programs") for qualified Software Titles (a "Hit FPU"). If Publisher elects to participate in a Hits Program, Publisher must provide Microsoft with a completed and signed Hits Programs Election Form in the form attached hereto as Exhibit 3 no later than [*] prior to the targeted Commercial Release of the Hit FPU. If a Software Title meets the applicable participation criteria in a particular Sales Territory and Microsoft receives the Hits Programs Election Form on time, Publisher is authorized to manufacture and distribute Hit FPUs in such Sales Territory and at the Base Royalty rate in Table 2 of Section 3.2.2 of this Amendment applicable to "Hit FPUs" or "Super Hit FPUs," as applicable in order for a Software Title to qualify as a Hits FPU in a Sales Territory, the following conditions, applicable per Hits Program, must be satisfied: