Revenue Share: If a Revenue Share is indicated in the Deal Terms, Licensee will pay to the account of Licensor a Revenue Share equal to the percentage of Revenue from exploitation of each Licensed Right in each Licensed Picture as indicted in the Deal Terms.
Revenue - Defined: Revenue means the sum on a continuous basis of all monies or other consideration received by, used by or credited to Licensee and any Licensee Affiliate for each Licensed Right, including: (i) all license fees, advances, guarantees, security deposits, awards, subsidies and other income from any exploitation of each Licensed Right; (ii) all recoveries for infringement of any Licensed Right after first deducting all costs of suit including reasonable attorneys’ fees paid by Licensee; (iii) all income from any authorized dealing in stills, excerpts, advertising accessories or any promotional use in connection with any Licensed Right; and (iv) all income from any Website or Closed Network from payments by end users for accessing, streaming or downloading the Licensed Picture less only charge-backs, credits and refunds actually paid, from subscription payments for accessing the Website or Closed Network as duly allocated to the Licensed Picture, from income derived from banners, links, or advertising on the same web page as the Licensed Picture, and from payments from affiliates or other third parties from accessing, streaming or downloading the Licensed Picture in any affiliate or networking program. No deductions from Revenue may be made for any fees, cost or other charges of any Licensee Affiliate, except AdultCentro Market commission.
Minimum Revenue Share: If the Deal Terms indicate a Minimum Revenue Share, then Licensee will pay Licensor the greater of the percentage Revenue Share indicated for the applicable Licensed or the Minimum Revenue Share for the stated period. The Minimum Revenue Share will be due for each indicated period and amounts by which the percentage Revenue Share exceed the Minimum Revenue Share for any one period may not be carried over and applied to any other period.
License Fee: The Licensee Fee is the amount payable to Licensor indicated in the Deal Terms. If a “Total” amount is indicated then the License Fee is payable for all Licensed Pictures. If a separate amount is indicated then that amount is payable for each Licensed Picture, but Licensee is still required to pay all License Fees for all Licensed Pictures. Unless otherwise stated in the Deal Terms each License Fee is a minimum net amount due and no remittance taxes, currency conversion fees, bank changes, sales tax, use tax , VAT tax, or any levies or charges may be deducted from it, except AdultCentro Market commission.
If a Revenue Share is indicated in the Deal Terms, then unless otherwise stated in the Deal Terms each License Fee is treated as a non-returnable but fully recoupable advance payment of Licensor’s Revenue Share that may otherwise be due for each applicable Licensed Picture. In such case, the Parties agree the License Fee is a reasonable estimate at the time of contracting of the minimum Revenue Share that Licensor would receive from Licensee’s full performance under this Agreement. Otherwise, each License Fee is a fixed payment for each applicable Licensed Picture.
Cross Collateralization: Unless otherwise allowed in the Deal Terms, the Revenue Share for any Licensed Picture may not be cross collateralized or set-off against any payments for any other Licensed Picture or other Motion Picture.