Common use of Adult Programs Clause in Contracts

Adult Programs. Notwithstanding anything contained herein to the contrary, Licensee agrees that (i) no more than twenty (20%) of the programming available on the Licensed Service shall be Adult Programs during the term hereof; (ii) no Adult Program shall be exhibited, promoted or listed on the same or previous screen (other than the home page of the Licensed Service, which may contain a textual link with a section of the user interface exhibiting, promoting or listing Adult Programs) as a screen on the Licensed Service on which an Included Program is promoted or listed; and (iii) no Adult Program will be classified within the same genre/category as any Included Program. If Licensee violates the terms of this Section with respect to the Licensed Service, then Licensor shall have the right to cause Licensee to immediately cease exploiting any or all Included Programs. As used herein, “Adult Program” means any motion picture or related promotional content that has either been rated NC-17 (or successor rating, or is unrated and likely would have received an NC-17 rating if it had been submitted to the MPAA for rating), other than a title released by a Qualifying Content Provider or a title otherwise deemed not to be an Adult Program by Licensor in its sole discretion, or X (or is unrated and likely would have received an X rating if it had been submitted to the MPAA for rating).

Appears in 3 contracts

Samples: Dhe License Agreement, Dhe License Agreement, License Agreement

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Adult Programs. Notwithstanding anything contained herein to the contrary, Licensee agrees that (i) no more than twenty (20%) of the programming available on the Licensed Service shall be Adult Programs during the term hereof; (ii) no Adult Program shall be exhibited, promoted or listed on the same or previous screen (other than the home page of the Licensed Service, which may contain a textual link with a section of the user interface exhibiting, promoting or listing Adult Programs) as a screen on the Licensed Service on which an Included Program is promoted or listed; and (iii) no Adult Program will be classified within the same genre/category as any Included Program. If Licensee violates the terms of this Section with respect to the Licensed Service, then Licensor shall have the right to cause Licensee to immediately cease exploiting any or all Included Programs. As used herein, Adult Program” means any motion picture or related promotional content that has either been rated NC-17 (or successor rating, or is unrated and likely would have received an NC-17 rating if it had been submitted to the MPAA for rating), other than a title released by a Qualifying Content Provider Studio or a title otherwise deemed not to be an Adult Program by Licensor in its sole discretion, or X (or is unrated and likely would have received an X rating if it had been submitted to the MPAA for rating).

Appears in 1 contract

Samples: Vod License Agreement

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