Charges & Financial Obligations · Company commitment
Roku pays the extra when arbitration's initial filing fee exceeds a lawsuit filing fee
Except in the circumstances set out in Sections 1(H) and 1(I) and except for Mass Arbitrations as defined in Section 1(K), Roku pays the difference whenever the arbitration's initial-filing fee is higher than the initial-filing fee for a lawsuit.
Details
Who
Roku
What it covers
Difference between the arbitration initial-filing fee and a lawsuit initial-filing fee
Exception
Circumstances in Sections 1(H) and 1(I) and Mass Arbitrations under Section 1(K)
Supporting quotations
Except for the circumstances outlined in Sections 1(H) and 1(I) and for Mass Arbitrations (as defined in Section 1(K)), to the extent the initial-filing fee for the arbitration exceeds the initial-filing fee for a lawsuit, Roku will pay the difference in fees.
Qualifications & exceptions
The commitment excludes the Section 1(H) and 1(I) circumstances and Mass Arbitrations defined in Section 1(K).
Only the difference is paid, and only comparing initial-filing fees.
No payment is described where arbitration's initial-filing fee is not higher.
Cross-references
contrast (model-proposed): A losing claimant can be ordered to pay the other side's costs for unwarranted or improper claims — Roku pays the excess when arbitration's initial filing fee exceeds a lawsuit's, while a claimant whose Claim is later found unwarranted or improperly filed must pay the responding party's fees; the fee provisions pull in opposite directions depending on how the Claim is assessed.
Charges & Financial Obligations · Restriction or exception
A losing claimant can be ordered to pay the other side's costs for unwarranted or improper claims
To the extent the law permits, a claimant must pay all reasonable costs and fees the responding party incurred — including arbitration fees, attorney fees and expert fees — connected with a Claim, if an arbitrator or court decides either that the Claim was not warranted by existing law or by a nonfrivolous argument, or that the Claim was filed in arbitration for an improper purpose such as harassing the responding party, causing unnecessary delay, or increasing the cost of resolving the dispute.
Details
Who
The claimant, to the responding party
What it covers
All reasonable costs and fees, including arbitration, attorney and expert fees
Condition
An arbitrator or court finds the Claim unwarranted by law or filed for an improper purpose
Supporting quotations
To the extent permitted by law, a claimant must pay all reasonable costs and fees incurred by the responding party—including arbitration fees, attorney fees, and expert fees—related to a Claim if an arbitrator or court determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument or (ii) the Claim was filed in arbitration for any improper purpose, including to harass the responding party, cause unnecessary delay, or increase the cost of dispute resolution.
Qualifications & exceptions
It applies only to the extent permitted by law.
Payment follows a determination by an arbitrator or a court; it is not automatic.
Either trigger is enough: a claim unwarranted by existing law or a nonfrivolous argument, or filing for an improper purpose.
The named costs are arbitration fees, attorney fees and expert fees incurred by the responding party.
Cross-references
contrast (model-proposed): Roku pays the extra when arbitration's initial filing fee exceeds a lawsuit filing fee — Roku pays the excess when arbitration's initial filing fee exceeds a lawsuit's, while a claimant whose Claim is later found unwarranted or improperly filed must pay the responding party's fees; the fee provisions pull in opposite directions depending on how the Claim is assessed.
Charges & Financial Obligations · Restriction or exception
Refusing a written settlement offer can shift post-offer costs onto the refusing party
Either party may, but need not, make a written settlement offer. If an arbitration decision or award later turns out less favorable than the last written offer that party declined, the declining party must pay all reasonable costs and fees the offering party incurred after the offer was made, including arbitration fees.
Details
Condition
A later arbitration decision or award is less favorable than the last unaccepted written offer
What it covers
Reasonable costs and fees incurred after the offer, including arbitration fees
Exception
No party is obliged to make an offer in the first place
Supporting quotations
Either party may, but is not obligated to, make a written settlement offer for a Claim. If an arbitration decision or award is later issued that is less favorable than the last written offer of settlement that a party did not accept, then that party must pay all reasonable costs and fees—including arbitration fees—incurred by the offering party after the written settlement offer was made.
Qualifications & exceptions
Making a settlement offer is optional for both sides.
Only the last written offer that was not accepted counts for comparison.
The consequence applies only when the later decision or award is less favorable than that offer.
Recoverable costs are those incurred after the offer was made.