****.
NOTWITHSTANDING THE FOREGOING, A
SOFTWARE TITLE MAY QUALIFY AS A HIT FPU IN THE EUROPEAN OR JAPAN SALES TERRITORY
****.
5.1.2
TO QUALIFY AS A PLATINUM FAMILY HIT, THE SOFTWARE
TITLE MUST (I) HAVE RECEIVED AN "E," OR, IN THE EVENT SUCH RATING IS OFFICIALLY
ADOPTED BY THE ESRB, AN "E10" RATING, FROM THE ESRB AND/OR A "PEGI 3+" RATING IN
EUROPE AND/OR AN EQUIVALENT RATING IN THE APPLICABLE SALES TERRITORY (TO THE
EXTENT SOFTWARE TITLES ARE RATED BY REGULATORY BOARDS WITHIN THE APPLICABLE
SALES TERRITORY); AND (II) BE CHARACTER BASED AND/OR APPEAL, AS DETERMINED BY
MICROSOFT IN ITS SOLE GOOD FAITH DISCRETION, TO CHILDREN 12 YEARS OF AGE AND
YOUNGER.
5.1.3
IN ANY **** IN A SALES TERRITORY, PUBLISHER MAY NOT
PUBLISH MORE THAN **** SOFTWARE TITLES AS PART OF THE PLATINUM OR CLASSIC HITS
FAMILY PROGRAM.
5.1.4
TO QUALIFY AS A "SUPER HIT," A SOFTWARE TITLE MUST
HAVE BEEN A HITS FPU FOR AT LEAST ****.
THE MANUFACTURING REQUIREMENTS ARE
DIFFERENT DEPENDING ON WHETHER A POTENTIAL SUPER HIT STARTED OUT AS A PLATINUM
OR CLASSIC HIT OR PLATINUM OR CLASSIC FAMILY HIT.
NO SOFTWARE TITLE MAY BE
RELEASED AS A SUPER HIT PRIOR TO ****.
* Confidential portion omitted and filed separately with the Securities and
Exchange Commission.
4
5.1.5
PUBLISHER MUST HAVE MANUFACTURED THE FOLLOWING
MINIMUM QUANTITIES OF STANDARD AND/OR HIT FPUS (AS INDICATED BELOW) FOR THE
APPLICABLE SALES TERRITORY AND HITS PROGRAM.
Table 4: Hits Manufacturing Requirements
NA
EU
Japan
Asia
Platinum or Classic Hits
- Must be Standard FPUs
****
****
****
****
Super Hits from Platinum or Classic Hits
- Must be Standard, Platinum or Classics Hit FPUs
****
****
****
****
Platinum or Classic Family Hits
- Must be Standard FPUs
****
****
****
****
Super Hits from Platinum or Classic Family Hits
- Must be Standard, Platinum or Classic Family Hit FPUs
****
****
****
****
5.1.6
THE WHOLESALE PRICE PER HIT FPU OTHER THAN SUPER
HITS MUST NOT EXCEED **** IN THE NORTH AMERICAN SALES TERRITORY, THE EQUIVALENT
OF **** IN LOCAL CURRENCY FOR THE ASIAN SALES TERRITORY, **** IN THE EUROPEAN
SALES TERRITORY; AND THE SUGGESTED RETAIL PRICE MUST BE LESS THAN **** IN THE
JAPAN SALES TERRITORY.
THE WHOLESALE PRICE PER SUPER HITS FPU MUST NOT EXCEED
**** IN THE NORTH AMERICAN SALES TERRITORY, THE EQUIVALENT OF **** IN LOCAL
CURRENCY FOR THE ASIA SALES TERRITORY AND **** IN THE EUROPEAN SALES TERRITORY.
5.2
ALL MARKETING MATERIALS FOR A HIT FPU MUST
CLEARLY COMPLY WITH ALL MICROSOFT BRANDING REQUIREMENTS AS MAY BE REQUIRED IN
EACH SALES TERRITORY AND PUBLISHER SHALL SUBMIT ALL SUCH MARKETING MATERIALS TO
MICROSOFT FOR ITS APPROVAL IN ACCORDANCE WITH THE PLA.
NOTWITHSTANDING THE
FOREGOING, ALL HIT FPUS MUST COMPLY WITH THE BASIC BRANDING AND OTHER
REQUIREMENTS FOR MARKETING MATERIALS SET FORTH IN THE XBOX GUIDE.
5.3
THE HIT FPU VERSION MUST BE THE SAME OR
SUBSTANTIALLY EQUIVALENT TO THE STANDARD FPU VERSION OF THE SOFTWARE TITLE.
PUBLISHER MAY MODIFY OR ADD ADDITIONAL