****
****
****
****
****
****
****
****
****
****
****
****
****
****
****
****
****
* The revised Unit Discounts for the Japan Sales Territory will only be
effective for Software Titles that are initially manufactured for the Japan
Sales Territory after the Amendment Effective Date of the Amendment to the Xbox
360 Publisher License Agreement (2008 Renewal; Tier C; Hits Program Revisions;
Expansion Packs; New Xbox 360 Live and PDLC Incentive Program; XLSP; Japan
Volume Rebate Revision; Token Promotions; Joint Promotions) dated October 21,
2008 ("PLA Amendment No. 2").
All Software Titles initially manufactured prior
to the PLA Amendment No. 2 Effective Date are subject to the Unit Discounts set
forth in the Xbox 360 PLA prior to the PLA Amendment No. 2.
2.
HITS PROGRAMS
A.
IF A SOFTWARE TITLE MEETS THE CRITERIA
SET FORTH BELOW AND THE APPLICABLE PARTICIPATION CRITERIA IN A PARTICULAR SALES
TERRITORY AT THE TIME OF THE TARGETED COMMERCIAL RELEASE DATE OF THE HITS FPU
AND MICROSOFT RECEIVES THE HITS PROGRAMS ELECTION FORM WITHIN THE TIME PERIOD
SET FORTH IN SECTION 2.A.IV BELOW, PUBLISHER IS AUTHORIZED TO MANUFACTURE AND
DISTRIBUTE HITS FPUS IN SUCH SALES TERRITORY AND AT THE ROYALTY RATE IN TABLE 2
OF SECTION 1 ABOVE APPLICABLE TO HITS FPUS.
IN ORDER FOR A SOFTWARE TITLE TO
QUALIFY AS A HITS FPU IN A SALES TERRITORY, THE FOLLOWING CONDITIONS, AS
APPLICABLE PER HITS PROGRAM, MUST BE SATISFIED:
I.
THE SOFTWARE TITLE MUST HAVE BEEN
COMMERCIALLY AVAILABLE AS A STANDARD FPU IN THE APPLICABLE SALES TERRITORY FOR
AT LEAST **** BUT NOT MORE THAN **** AT THE TIME OF COMMERCIAL RELEASE OF THE
HITS FPU.
FOR THE EUROPEAN SALES TERRITORY, A SOFTWARE TITLE RELEASING AS A
FAMILY HIT BETWEEN **** AND **** MAY BE AVAILABLE AS A STANDARD FPU IN THE
EUROPEAN SALES TERRITORY FOR LONGER THAN **** AT THE TIME OF COMMERCIAL RELEASE
OF THE HITS FPU.
II.
THE THRESHOLD PRICE FOR THE HITS FPU
MUST NOT EXCEED A MAXIMUM THRESHOLD PRICE FOR THE RELEVANT SALES TERRITORY
(****FOR THE NORTH AMERICAN SALES TERRITORY, ****IN THE EUROPEAN SALES
TERRITORY, **** IN THE JAPAN SALES TERRITORY, OR THE EQUIVALENT OF **** FOR THE
ASIAN SALES TERRITORY).
III.
PUBLISHER MUST PROVIDE NOTICE TO
MICROSOFT, AT LEAST **** PRIOR TO THE TARGETED COMMERCIAL RELEASE, OF ITS INTENT
TO HAVE A CERTAIN SOFTWARE TITLE PARTICIPATE IN THE HITS PROGRAM BY PROVIDING
MICROSOFT WITH A COMPLETED HITS PROGRAM ELECTION FORM.
B.
AS OF THE DATE PUBLISHER WISHES TO
COMMERCIALLY RELEASE THE SOFTWARE TITLE AS A HITS FPU, PUBLISHER MUST HAVE
MANUFACTURED THE FOLLOWING MINIMUM FPUS OF THE SOFTWARE TITLE AS A STANDARD
SOFTWARE TITLE FOR THE APPLICABLE TIME PERIOD, SALES TERRITORY AND HITS PROGRAM.
Table 1: Hits Program Manufacturing Requirements
Effective ****
****
****
****
****
Platinum or Classic Hits
****
****
****
****
Family Hits
****
****
****
****
C.
ALL MARKETING MATERIALS FOR A HITS
SOFTWARE TITLE MUST COMPLY WITH ALL MICROSOFT BRANDING REQUIREMENTS AS MAY BE
REQUIRED IN EACH SALES TERRITORY, AND