Net Program Sales definition
Examples of Net Program Sales in a sentence
For the avoidance of doubt, Bank shall have no obligation to pay Retailer the Volume Rebate for any calendar year where the Net Program Sales during such calendar year increased by less than [***].
During any Letter of Credit Period, Bank shall have the right to re-calculate the Letter of Credit Amount at the end of every other calendar quarter; provided, that Bank may recalculate the Letter of Credit Amount more frequently if Bank reasonably determines that such recalculation is appropriate based on a material increase in Net Program Sales during any quarter (but in no event may Bank conduct any such recalculation more frequently than quarterly).
For purposes of this Section, “Excessive” shall mean, with respect to any period, that the aggregate amount at issue in connection with all credits, charge backs and disputes for such period exceeds three percent (3.00%) of Net Program Sales (as defined in Schedule 9(j)(B) hereto) for such period.
If and only if Net Program Sales for such calendar quarter are greater than or equal to * , Bank will pay to Retailer an additional amount (such amount an “Additional Volume Discount”) equal to the Net Program Sales for the applicable calendar quarter multiplied by * in order that the “Total Volume Discount” (consisting of the sum of Volume Discount and Additional Volume Discount) for the calendar quarter shall be equal to the Net Program Sales for the applicable calendar quarter multiplied by * .
In addition, at the end of any calendar quarter, if Special Discount Sales exceed XXXX of the Net Program Sales for the calendar year to date period, Bank and Retailer will discuss a reasonable plan to ensure the Special Discount Sales will decrease in the remaining calendar quarters of the respective calendar year in accordance with the XXXX limit on Net Program Sales.
To the extent that the promotion is used on Net Program Sales in excess of * , the Net Program Sales in excess of * will be assessed a Program Percentage Fee of * .
Provided that no event has occurred that would permit Bank to terminate this Agreement pursuant to Section 9, no later than thirty (30) days after the end of each calendar quarter, beginning with the calendar quarter ending on March 31, 2014, Bank will pay to Retailer an amount (such amount, a “Volume Discount”) equal to the Net Program Sales for the applicable calendar quarter multiplied by * .
Each Volume Discount Year (as defined below) Bank will pay to Retailer an amount (each such payment, a "Volume Discount") equal to Net Program Sales for such Volume Discount Year multiplied by [**Confidential portion has been omitted pursuant to a request for confidential treatment and has been filed separately with the Commission].
All references in the Agreement to “Net Program Sales” for any period shall be deemed to include net sales volume and credits relating to purchases financed on New Accounts during such period, and otherwise consistent with the definition of Net Program Sales.
In the event that Net Program Sales with respect to Internet Purchases are (i) greater than forty percent (40%) of all Net Program Sales in any one (1) month period or (ii) greater than five percent (5%) of all Net Program Sales in any twelve (12) month period, then the parties shall review the performance of the internet channel.