Sharing of Transaction Revenues. If at any time during the Term, (i) quarterly Site Revenues shall exceed [***] (the "First Quarterly Hurdle") but is less than [***] (the "Second Quarterly Hurdle"), MP shall pay to AOL an amount equal to [***] of the Transaction Revenues derived by MP between the First Quarterly Hurdle and the Second Quarterly Hurdle or (ii) quarterly Site Revenues shall exceed the Second Quarterly Hurdle, MP shall pay to AOL an amount equal to [***] of Transaction Revenues derived by MP after the Second Quarterly Hurdle has been met. Notwithstanding the foregoing, if aggregate annual Site Revenues shall exceed (a) [***] (the "First Annual Hurdle") but is less than [***] (the "Second Annual Hurdle"), MP shall pay AOL an amount equal to [***] of the Transaction Revenues derived by MP between the First Annual Hurdle and the Second Annual Hurdle or (b) the Second Annual Hurdle, MP shall pay to AOL an amount equal to [***] of the Transaction Revenues derived by MP after the Second Annual Hurdle is met. MP will pay all of the foregoing amounts to AOL within thirty (30) days following the end of the quarter in which the applicable Transaction Revenues were generated. *** CERTAIN CONFIDENTIAL INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Appears in 3 contracts
Sources: Interactive Marketing Agreement (DVD Express Inc), Interactive Marketing Agreement (DVD Express Inc), Interactive Marketing Agreement (DVD Express Inc)