This Service Level Agreement applies to DLVR Action, Insights, and Insights API (“DLVR Services”).
I. General Service Description: The DLVR Services manage, measure, and optimize the delivery of Customer Content to Customer’s End Users and End User Devices in conjunction with Customer’s independently provisioned Customer Service Provider (“CSP”), and using supported video streaming protocols including On-demand and Live Video Streaming in HLS and/or MPEG-DASH. DLVR Action monitors CSP performance and allocates Customer Content video streams to CSPs. DLVR Insights and DLVR Insights API provide operational analytics and data.
DLVR Action will monitor the performance of Customer’s CSPs and allocate Customer Content video streams to CSPs based on the business logic applied at Customer direction during configuration, or as subsequently modified by Customer to accommodate changing business needs of Customer. In the case of a CSP outage encountered during the normal operation of DLVR Action, the affected CSP will be proactively monitored in all relevant geographical locations to which DLVR will reasonably be expected to provide delivery of Customer Content and removed from delivery utilization for any affected geography or access network interconnection, and an alternative CSP -if available- will be used. Alerts will be provided to Customer in the event of a CSP outage via DLVR Insights and/or other mechanisms available such as email or SMS notification. Should a CSP become wholly unavailable, the relevant Customer Content will be served by DLVR and alternate CSPs available to Customer.
II. Definitions. The following words and phrases have the meanings ascribed to them below. Other words and phrases may be defined elsewhere in the Agreement.
“SEGMENT PERFORMANCE” is defined as: the result of comparing the throughput of Customer Content segments delivered by DLVR against the minimum throughput necessary to avoid causing the End User device to downshift the bit rate of the video stream. Aggregate monthly results will be reported via DLVR Insights expressed as a percentage score. A score of 100% or greater means that DLVR Action is performing at least as well as the Customer’s CSPs and is not degrading overall user experience.
“DOWNTIME” is defined as: a one (1) minute or longer period during which DLVR Action is not available, either due to i) failed attempts by at least six (6) agents to access the DLVR HTTP endpoint, or ii) failure by DLVR to deliver Customer Content via Customer’s available CSP(s) as a result of a DLVR owned or operated component, system, platform, or facility. (See SLA Monitoring Methodology in Section IV herein for measurement details). Downtime will not include failed delivery due to malfunctions or failures of CSPs, Customer origin systems, edge servers, network connections, or other systems, or any other system or network not controlled by DLVR. Partial minutes or intermittent downtime for a period of less than one minute may not be counted towards downtime.
“UPTIME” is defined as: the fraction (expressed as a percentage) of the one (1) minute periods in a month during which DLVR Services did not experience Downtime.
III. Service Level Guarantees: In addition to measuring and reporting DLVR Segment Performance, DLVR Action automatically detects DLVR component failures and removes failed components from servicing requests for Customer Content, and if necessary selects one or more CSPs to deliver entire Customer Content video streams; this eliminates delivery failures and maintains extremely high availability of video in response to End User requests (subject to the availability and performance of Customer’s CSPs). As such, DLVR represents that the DLVR Services will perform in accordance with the following:
A. Monthly Uptime Percentage: DLVR Action will operate with at least 99.99% Uptime for each month of the Service Term.
B. Segment Performance: DLVR Segment Performance will be equal to or greater than 100% for each month of the Service Term.
IV. SLA Monitoring Methodology. The following methodology will be employed to measure the availability of DLVR Services:
DLVR will measure Uptime by checking the response of the DLVR Services HTTP endpoint. Every one (1) minute, a third-party service (currently https://www.runscope.com) will attempt to access the DLVR Services HTTP endpoint from no less than six (6) geographically diverse locations in major metropolitan areas. If the service does not receive any successful HTTP response (an HTTP response code of 2XX, 3XX or 4XX) to such checks for a one minute period, then that will count as one minute of Downtime. Additional internal or third-party service data may be used to validate, or in lieu of the primary measurement provider data if necessary. DLVR reserves the right to make reasonable changes to this monitoring methodology.
V. Remedies. Should the DLVR Services fail to perform in accordance with the Service Level Guarantees, Customer’s sole and exclusive remedies are set out below. DLVR will proactively monitor SLA compliance and will issue any applicable credits within 1-2 billing cycles of the month in which the credit was earned. Should Customer dispute the credit(s), it will notify DLVR in writing within 30 days of the month in which Customer was issued, or believes it should have been issued, the credit in question. DLVR will work with Customer to resolve any and all good faith disputes, provided that the results and readings from the DLVR Services monitoring will control in the case of any conflicts or disputes. Notifications should be sent to email@example.com or 5555 East Van Buren, Suite 235, Phoenix AZ 85008. The credits herein shall be applied against subsequent invoices/amounts due and will not be issued as cash.
A. Monthly Uptime: If DLVR’s Monthly Uptime is less than 99.99%, Customer will receive a credit equivalent to the fees for each day in which Downtime occurred (not to exceed the fees paid or payable for the applicable month).
B. Segment Performance: If the DLVR Segment Performance score falls below 100% for any calendar month, DLVR will waive the Customer Minimum Commitment for that month.
DLVR may temporarily reduce Customer’s use of DLVR Action relative to Customer’s committed usage in the event of unusual demand for Customer Content, or in the event of unusual or unanticipated aggregate demand for DLVR Action, or in the event of force majeure events, such as natural disaster, terrorist attack, or war, which result in unusual or unanticipated levels of demand for DLVR Services. In any such case where DLVR temporarily reduces Customer’s use of DLVR Action, DLVR will (a) allocate a greater than usual share of some or all video streams to Customer’s CSPs, or (b) allocate some video streams in their entirety to Customer’s CSPs, or (c) both.