deltathree Costs. Shall mean the total of the (i) network costs, estimated to be equal to 2.5% of Revenues and subject to adjustment as set forth in Section 6(b) below, (ii) termination costs, as calculated by deltathree on a monthly basis, (iii) credit card service and credit card vendor costs incurred by deltathree in providing the service hereunder to the Customers, estimated to be equal to 4.5% of Revenues and subject to adjustment as set forth in Section 6(b) below, (iv) all reasonable direct and indirect
... costs of deltathree for obtaining and maintaining any electronic communications services registrations, authorizations, or licenses that are required to provide the Mobile Applications; and (v) all reasonable direct and indirect costs of deltathree for registering with tax authorities in respect of the collection and remittance of value-added taxes for the Mobile Applications. Should deltathree, during the Initial Term, offer the Mobile Applications or any other service covered by the telecommunications or value-added tax registrations through a third party, to Customers in any country in which ACN Europe operates, such costs shall not be included in the deltathree Costs and deltathree shall pay to ACN Europe the full amounts that ACN Europe would have received if these items had not been included in the deltathree Costs. For the avoidance of doubt, any costs incurred by deltathree in connection with fraudulent or other improper usage of the Mobile Applications and for which Revenues are not received shall not be considered deltathree Costs for purposes of calculating Gross Margin or the ACN Europe Commission.
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