definiens: has the meaning attributed to that term in Section 5.1 ; means the trade - marks that Nucryst develops to identify a product that contains its nanocrystalline silver antimicrobial coating technology ; means with respect to a particular Product in the Territory, the sum of the gross amounts invoiced for all Sales by S&N and its Affiliates ( including Sales to their respective licensees and distributors ) of such Product, excluding any Sales between S&N and its Affiliates, where S&N or its Affiliates is not an end user, less the following deductions from such amounts invoiced which are actually and properly incurred in accordance with GAAP : 1 . 1.33.1 credits or allowances actually granted for damaged Product, returns or rejections of Product ; 1.1.33.2 normal and customary trade, cash and quantity discounts, allowances and credits actually allowed ; 1.1.33.3 sales, value added or similar taxes measured by the billing amount, when included in billing ; 1.1.33.4 freight, postage, shipping, and insurance charges related to delivery of Product measured by the billing amount, when included in billing ; and 1.1.33.5 import and export duties actually paid