2.18 “Referral Fee” means the fee set forth in Section 8.7 below for Neustar’s referral to NeoMedia of a customer.
8.7 Referral Fee As of the effective date of this agreement NeoMedia will communicate to Neustar its current “Sales Prospects”. NeoMedia is not obligated to update this list of Sales Prospects after the Effective Date of this Agreement. If Neustar refers a third party to NeoMedia who is not at the time of such referral a Sales Prospect of NeoMedia; or has not subsequently become a Sales Prospect of NeoMedia; or has become a customer of NeoMedia under a written agreement for services with NeoMedia , and such third party purchases from NeoMedia services, such as campaign management services, and that customer becomes a NeoMedia License Customer, but NeoMedia does not request that Neustar account for that NeoMedia License Customer through the License Collection Revenue as described in Section 7, then NeoMedia shall pay to Neustar a Referral Fee equal to Ten Percent (10%) of monies actually received by NeoMedia as payment, excluding taxes, late charges, collection costs, credit card processing fees, credits, and amounts under dispute, in the twenty-four-month period beginning with the month in which fees are first received by NeoMedia. If, however, NeoMedia requests that Neustar serve as a billing and collections agent with respect to such NeoMedia License Customer, then Neustar is entitled to the Licensed Collection Revenue for actions related to performing Clearinghouse Transactions plus the Referral Fee for monies associated with NeoMedia services not related to Neustar’s performance of Clearinghouse Transactions; e.g., campaign management, and other services provided by NeoMedia apart from the licensing of patents.
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