"NEW SUBSCRIBER" MEANS A PAYING SUBSCRIBER WHO PAYS FOR AN XBOX
LIVE ACCOUNT FOR THE FIRST TIME.
A NEW SUBSCRIBER IS ATTRIBUTED TO THE FIRST
MULTIPLAYER SOFTWARE TITLE HE OR SHE PLAYS, EVEN IF SUCH PLAY WAS DURING A
FREE-TRIAL PERIOD WHICH WAS LATER CONVERTED INTO A PAYING SUBSCRIPTION.
EACH
PAYING SUBSCRIBER CAN ONLY BE COUNTED AS A NEW SUBSCRIBER ONCE, [****].
G.
"PAYING SUBSCRIBER" [****]
H.
"PDLC REVENUE" MEANS [****]
I.
"PDLC REVENUE MARKET SHARE" MEANS [****]
J.
"SUBSCRIPTION REVENUE" MEANS [****]
K.
"XBOX LIVE MARKET SHARE" [****]
3.
INCENTIVE TABLE
PUBLISHER'S "INCENTIVE" SHALL BE DETERMINED PURSUANT TO THE FOLLOWING TABLE:
[****]
4
4.
EXAMPLE
[****]
[****]
[****]
[****]
[****]
[****]
[****]
[****]
5.
TERM
This Xbox 360 Live and PDLC Incentive Program will commence [****].
Microsoft
reserves the right to change the Xbox Live Market Share upon written notice to
Publisher, but no more frequently than [****].
6.
PAYMENTS
In the event Publisher qualifies for a payment under this program during an
Accounting Period, Microsoft shall furnish Publisher with a statement, together
with payment for any amount shown thereby to be due to Publisher, within [****].
7.
MODIFICATIONS TO XBOX 360 LIVE AND PDLC INCENTIVE PROGRAM
[****]
5
EXHIBIT 8
XBOX 360 HITS ROYALTY TIER MIGRATION FORM
PLEASE COMPLETE THE BELOW INFORMATION, SIGN THE FORM, AND FAX IT TO MICROSOFT AT
+1 (425) 708-2300 TO THE ATTENTION OF MICROSOFT LICENSING, GP (MSLI) AND YOUR
ACCOUNT MANAGER.
NOTES:
·
THIS FORM MUST BE SUBMITTED AT LEAST [****] PRIOR TO THE
FIRST MANUFACTURING ORDER TO WHICH PUBLISHER DESIRES THE NEW BASE ROYALTY TO
APPLY FOR EACH RESPECTIVE SALES TERRITORY.
·
A HITS SOFTWARE TITLE MAY NOT CHANGE ROYALTIES TIERS UNTIL
AFTER IT HAS BEEN IN THE HITS PROGRAM FOR AT LEAST [****].
·
A SEPARATE FORM MUST BE SUBMITTED FOR EACH SALES TERRITORY IN
WHICH PUBLISHER DESIRES TO CHANGE THE APPLICABLE BASE ROYALTY.
1.
Publisher Name:
2.
Xbox 360 Software Title Name:
3.
XMID Number:
4.
Sales Territory (check one; [****]):
o
North American Sales Territory
o
Japan Sales Territory
o
Asia Sales Territory
5.
Date of First Commercial Release:
7.
Current royalty tier:
[****]
8.
Select New Royalty Tier:
[****]
The undersigned represents that he/she has authority to submit this form on
behalf of the above publisher, and that the information contained herein is true
and accurate.
By (sign)
Name, Title (Print)
E-Mail Address (for confirmation of receipt)
Date (Print mm/dd/yy)
6
EXHIBIT 9
XLSP TERMS
THE FOLLOWING TERMS AND CONDITIONS APPLY TO PUBLISHER'S USE OF THE XBOX LIVE
SERVER PLATFORM ("XLSP TERMS"):
1.
DEFINITIONS
1.1
"PUBLISHER HOSTED ONLINE CONTENT" MEANS ANY CONTENT, INCLUDING
WITHOUT LIMITATION ANY ONLINE CONTENT, THAT IS HOSTED AND SERVED THROUGH THE
PUBLISHER HOSTING SERVICES.
1.2
"PUBLISHER HOSTING SERVICES" MEANS PUBLISHER'S HOSTING OF
PUBLISHER HOSTED ONLINE CONTENT PURSUANT TO THESE XLSP TERMS, WHETHER PERFORMED
BY PUBLISHER OR A THIRD PARTY HOST, INCLUDING OPERATING, MAINTAINING AND
CONTROLLING THE SERVERS NECESSARY FOR THE PROVISION OF PUBLISHER HOSTED ONLINE
CONTENT.
1.3
"THIRD PARTY HOST" MEANS