This excerpt taken from the ATVI 10-Q filed Feb 8, 2006.
3.1 Unauthorized Manufacture of Review Disc Units If (i) Publisher does not qualify for the Xbox 360 Review Disc Program hereunder manufactures Review Disc FPUs anyway or (ii) Publisher manufactures more Review Disc FPUs than it is entitled to, such unauthorized Review Disc FPUs shall be assessed a royalty at the [*] level without any Unit Discount or any other deduction otherwise applicable and Publisher shall be permanently barred from participating in the Xbox 360 Review Disc Program.
3.2 Marketing and Promotional Purposes. Publisher agrees and acknowledges that it is obligated to exercise its best efforts to ensure that Review Disc FPUs are distributed for marketing and promotional purposes in the European Sales Territory (including Australia and New Zealand) only and are not to be offered on a resale or redistribution basis. To the