definiens: and the related term mean : means, with respect to any Memory Product or Product, the amount of gross sales of such Memory Product or Product invoiced by Memory, its Affiliates and its sub - licensees to independent third parties less deductions of returns ( including allowances actually given for spoiled, damaged, out - dated, rejected, returned Memory Product or Product sold, withdrawals and recalls ), rebates to the extent consistently applied by Memory to its products ( price reductions, rebates to social and welfare systems, charge backs, cash sales incentives ( but only to the extent it is a sales related deduction which is accounted for within Memory on a product - by - product basis ) ), government mandated rebates and similar types of rebates ( e.g., P.P.R.S, Medicaid, each as consistently applied by Memory to its products ), volume ( quantity ) discounts, each as consistently applied by Memory to its products, taxes ( value added or sales taxes, government mandated exceptional taxes and other taxes directly linked to the gross sales amount ), it being understood that income and capital gains taxes are not the type of taxes contemplated as a deduction in this definition of Adjusted Gross Sales