Category Archives: Section 4.5(b)(v)

S 04.5.2.5

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(v) Sale of Consumer Purchases through Affiliate Programs and Resellers.

Also posted in Article 04, Section 4.5, Section 4.5(b), Settlement | Comments closed

S 04.5.2.5.1

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(1)(v) Sale of Consumer Purchases through Affiliate Programs. With respect to sales of Books through Consumer Purchase through an Affiliate Program, Google may deduct from the money otherwise owed to the Registry for the benefit of the Rightsholders from such sale pursuant to Section 4.5(a)(i) (Net Purchase Revenues), up to three and three-quarters percent (3.75%) of the List Price as compensation actually paid through the Affiliate Program; provided, however, that such deduction will be made only to the extent and in an amount equal to one-half (1/2) the compensation actually paid by Google through the Affiliate Program. “Affiliate Program” means a program by which Google authorizes third parties to link their websites to Google Products and Services using specially formatted links and pays such third parties referral fees for sales of Books through Consumer Purchase to users referred to Google through such links.

Also posted in Article 04, Section 4.5, Section 4.5(b), Settlement | Comments closed

S 04.5.2.5.2

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(2) Resellers. To the extent that Google makes Books available through Consumer Purchases pursuant to this Amended Settlement Agreement, Google will allow resellers to sell access to such Books to their end users. Google will be responsible for hosting and serving the Digital Copies of such Books, and will be responsible for the security of such Digital Copies in accordance with Article VIII (Security and Breach). Google will permit the reseller of a Book to retain a majority of Google’s share of Net Purchase Revenues from Consumer Purchases through such reseller.

Also posted in Article 04, Section 4.5, Section 4.5(b), Section 4.5(b)(v)(2), Settlement | Comments closed