Performance Revenue. Attached as Schedule 3.4 is a list of aspirational quarterly targets ("New Customer Targets") of users transacting for products or services (including registering for RFQ Services or RFI Services, entering into transactions in the Co- Branded Site Buying Directory, or registering for paid enhanced content or services) via the Co-Branded Site or otherwise directly via any Promotion hereunder ("New Customers"). For each quarter during the Term, if the number of New Customers meets or exceeds such quarter's applicable New Customer Target as so listed on Schedule 3.4, then for each New Customer beyond such New Customer Target (up to an aggregate maximum of [* * *] New Customers above such targets during the Term), Onvia shall pay to AOL an amount equal to [* * *] of the average cost to Onvia per New Customer, as calculated by dividing [* * *] [* * *] of the Fixed Payment Amount) by the total number of New Customers for such quarter (the "Performance Revenue"). The Performance Revenue attributable to a particular quarter shall be paid to AOL within thirty (30) days following the close of that quarter. In addition, if at the time which is eighteen (18) months from and after the Effective Date, AOL achieves the aggregate New Customer Target amount of New Customers for such 18 month period, then AOL shall have no more Impressions or other promotional obligations or commitments with respect to the AOL Buying Directory and the AOL Aggregated RFQ Area thereafter. If any New Customer Target is not achieved in any quarter, such event shall not constitute a breach hereof.
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Performance Revenue. Attached as Schedule 3.4 is a list of aspirational quarterly targets ("New Customer Targets") of users transacting for products or services (including registering for RFQ Services or RFI Services, entering into transactions in the Co- Branded Site Buying Directory, or registering for paid enhanced content or services) via the Co-Branded Site or otherwise directly via any Promotion hereunder ("New Customers"). For each quarter during the Term, if the number of New Customers meets or exceeds such quarter's applicable New Customer Target as so listed on Schedule 3.4, then for each New Customer beyond such New Customer Target (up to an aggregate maximum of [* * *] New Customers above such targets during the Term), Onvia shall pay to AOL an amount equal to [* * *] of the average cost [* * *] to Onvia [* * *] per New Customer, as calculated by dividing [* * *] ([* * *] of the Fixed Payment Amount[* * *]) by the total number of New Customers for such quarter (the "Performance Revenue"). The Performance Revenue attributable to a particular quarter shall be paid to AOL within thirty (30) days [* * *] following the close of that quarter. In addition, if at the time which is eighteen (18) months [* * *] from and after the Effective Date, AOL achieves the aggregate New Customer Target amount of New Customers for such 18 month [* * *] period, then AOL shall have no more Impressions or other promotional obligations or commitments with respect to the AOL Buying Directory [* * *] and the AOL Aggregated RFQ Area [* * *] thereafter. If any New Customer Target is not achieved in any quarter, such event shall not constitute a breach hereof.
Appears in 1 contract
Performance Revenue. Attached as Schedule 3.4 is a list of ------------------- aspirational quarterly targets ("New Customer Targets") of users transacting for products or services (including registering for RFQ Services or RFI Services, entering into transactions in the Co- Co-Branded Site Buying Directory, or registering for paid enhanced content or services) via the Co-Branded Site or otherwise directly via any Promotion hereunder ("New Customers"). For each quarter during the Term, if the number of New Customers meets or exceeds such quarter's applicable New Customer Target as so listed on Schedule 3.4, then for each New Customer beyond such New Customer Target (up to an aggregate maximum of [* * *] New Customers above such targets during the Term), Onvia shall pay to AOL an amount equal to [* * *] of the average cost to Onvia per New Customer, as calculated by dividing [* * *] [* * *] of the Fixed Payment Amount) by the total number of New Customers for such quarter (the "Performance Revenue"). The Performance Revenue attributable to a particular quarter shall be paid to AOL within thirty (30) days following the close of that quarter. In addition, if at the time which is eighteen (18) months from and after the Effective Date, AOL achieves the aggregate New Customer Target amount of New Customers for such 18 month period, then AOL shall have no more Impressions or other promotional obligations or commitments with respect to the AOL Buying Directory and the AOL Aggregated RFQ Area thereafter. If any New Customer Target is not achieved in any quarter, such event shall not constitute a breach hereof.
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