AWS Elemental MediaConnect Service Level Agreement

This AWS Elemental MediaConnect Service Level Agreement (“SLA”) is a policy governing the use of AWS Elemental MediaConnect and applies separately to each account using AWS Elemental MediaConnect. In the event of a conflict between the terms of this SLA and the terms of the AWS Customer Agreement or other agreement with us governing your use of our Services (the “Agreement”), the terms and conditions of this SLA apply, but only to the extent of such conflict. Capitalized terms used herein but not defined herein shall have the meanings set forth in the Agreement.

AWS will use commercially reasonable efforts to make AWS Elemental MediaConnect available with a Monthly Uptime Percentage for each AWS region, during any monthly billing cycle, of at least 99.9% (the “Service Commitment”). In the event AWS Elemental MediaConnect does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Service Credits are calculated as a percentage of the following charges paid by you for AWS Elemental MediaConnect or the monthly billing cycle in which the Monthly Uptime Percentage for a given AWS region fell within the ranges set forth in the table below:

We will apply any Service Credits only against future AWS Elemental MediaConnect payments otherwise due from you. At our discretion, we may issue the Service Credits to the credit card you used to pay for the billing cycle in which the unavailability occurred. Service Credits will not entitle you to any refund or other payment from AWS. Service Credits will be applicable and issued only if the credit amount for the applicable monthly billing cycle is greater than one dollar ($1 USD). Service Credits may not be transferred or applied to any other account. Unless otherwise provided in the Agreement, your sole and exclusive remedy for any unavailability or non-performance or other failure by us to provide AWS Elemental MediaConnect is the receipt of Service Credits (if eligible) in accordance with the terms of this SLA.

To receive Service Credits, you will need to submit a claim by opening a case in the AWS Support Center. To be eligible, the credit request must be received by us by the end of the second billing cycle after which the incident occurred and must include:

(i) the words “SLA Credit Request” in the subject line;
(ii) the billing cycle and AWS regions with respect to which you are claiming Service Credits, together with the Monthly Uptime Percentage for that AWS region for the billing cycle and the specific dates and times where one of your AWS Elemental MediaConnect flows was Unavailable in that AWS region throughout the billing cycle;
(iii) your logs that document that your flow was Unavailable for your claimed outage (any confidential or sensitive information in these logs should be removed or replaced with asterisks).

If the Monthly Uptime Percentage of such credit request is confirmed by us and is less than the Service Commitment, then we will issue the Service Credits to you within one billing cycle following the month in which the credit request occurred. Your failure to provide the credit request and other information as required above will disqualify you from receiving Service Credits.

The Service Commitment does not apply to any unavailability, suspension or termination of AWS Elemental MediaConnect, or any other AWS Elemental MediaConnect performance issues: (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems beyond the demarcation point of AWS Elemental MediaConnect; (ii) that result from any voluntary actions or inactions from you; (iii) that result from you not following the best practices described in the AWS Elemental MediaConnect User Guide on the AWS Site; (iv) that result from your equipment, software or other technology; or (v) arising from our suspension or termination of your right to use AWS MediaConnect in accordance with the AWS Agreement (collectively, the "AWS Elemental MediaConnect SLA Exclusions").

• "Flow Monthly Uptime Percentage" for a given AWS Elemental MediaConnect flow is calculated by subtracting from 100% the period of time during the monthly billing cycle in which a flow was Unavailable. If you have been running a flow for only part of the month, that flow is assumed to be 100% available for the portion of the month that it was not running. Flow Monthly Uptime Percentage measurements exclude downtime resulting directly or indirectly from any AWS Elemental MediaConnect SLA Exclusion.
• “Monthly Uptime Percentage” is the average of the Flow Monthly Uptime Percentages for all AWS Elemental MediaConnect flows run under your AWS account in a given AWS region during a given month.
• “Service Credit” is a dollar credit, calculated as set forth above, that we may credit back to an eligible account.
• “Unavailable” means an active AWS Elemental MediaConnect flow is not able to receive live transport stream video.