definiens: means any Third Party ( i ) to whichAllozyne or any of its Affiliates or Sublicensees has granted a right to sell or distribute aLicensed Product, and ( ii ) that does not make payments to [COMPANY] or its Affiliates orSublicensees that are calculated on the basis of a percentage of, or profit share on, such ThirdParty 's sales of Licensed Products . For purposes of calculating Net Sales, no Distributor shall bedeemed to be a Sublicensee of [COMPANY] or its Affiliates . Net Sales for the quantities of Licensed27 57 5l ffi20r IDOCS/2496483 . ICONFIDENTIALProduct sold by Distributors shall be calculated based on the amount invoiced by [COMPANY] andits Affiliates to the Distributors rather than by the Distributors to their customers