definiens: shall mean, as of any date of determination from January 1, 2006 and throughout the Term : ( a ) For existing License Agreements and Future Licenses ( except as provided in ( b ) below ): ( i ) Seventy percent ( 70 % ) ( or eighty - one and two - thirds percent ( 81.67 % ) following any Performance Payment ) of annual Net Program Sales up to and including Fifteen Million Dollars ( US$ I5,000,000 ) of annual Net Program Sales ( ) ; plus, ( ii ) Twenty percent ( 20 % ) ( or twenty - three and one - third percent ( 23.33 % ) following any Performance Payment ) of annual Net Program Sales in excess of Fifteen Million Dollars ( US$ I5,000,000 ) up to and including Twenty Million Dollars ( US$ 20,000,000 ) of annual Net Program Sales ( ) ; plus, ( iii ) One percent ( I % ) ( or one and one - sixth percent ( 1.167 % ) following any Performance Payment ) of annual Net Program Sales in excess of Twenty Million Dollars ( US$ 20,000,000 ) of annual Net Program Sales ( )