Advertising and Promotion Materials. Licensor hereby grants to HERE the following rights with respect to the Program, which rights shall be exclusive to HERE within the Territory during the Term: (a) The right to use, disseminate, reproduce, print and publish, without the payment of any additional compensation, any and all audio, visual and other elements of the Program, including, without limitation, any clips, music (in context only unless otherwise specified herein), existing slides, photos and other publicity and promotional materials reasonably available to or under the control of Licensor (“Advertising Materials”), subject to any pre-existing third party contractual restrictions applicable thereto and of which Licensor informs HERE in writing at the time of delivery of the Advertising Materials. HERE’s inadvertent or unintentional failure to comply with any such applicable restrictions shall not constitute a material breach of this Agreement. Licensor hereby acknowledges HERE’s preference for original color slides and agrees to use its best efforts to furnish same to HERE. To the extent reasonably practical, said Advertising Materials shall be delivered to HERE, at Licensor’s sole cost and expense, not less than one hundred and twenty (120) days prior to commencement of the Term, or as early as reasonably and commercial possible. Licensor shall deliver said Advertising Materials in accordance with the delivery schedule attached hereto as Exhibit A. Licensor understands that the furnishing of the aforementioned Advertising Materials is a material obligation of this Agreement and failure to comply with such is grounds for termination of this Agreement; (b) The right to create and use written summaries, extracts, and synopses of the Program for the purposes of advertising, exploitation and publicity; (c) The right to advertise, publicize, and promote the exhibition of the Program by all means and/or media (including, without limitation, the Internet) in the Licensed Languages specified herein; and (d) The right to create television promotional spots featuring segments (not to exceed four (4) minutes each) of the Program, and the right to engage in commercial or promotional tie-ins with sponsors of the Program or the Telecast Service, subject to any restrictions or obligations contained in the talent agreements and notified by Licensor to HERE in advance and in writing; (e) The right to use and authorize third parties to use the name, likeness and/or voice of, and biographical information relating to, anyone who rendered services in or in connection with the Program, for the purposes of advertising, publicizing or promoting the Program or the Telecast Service, but not so as to constitute a direct endorsement of any product or telecast service other than the Telecast Service referred to in this Agreement, and subject to any applicable guild and third party contractual restrictions of which Licensor notifies HERE in advance and in writing. Notwithstanding the foregoing, HERE’s inadvertent or unintentional failure to comply with any applicable guild or third party contractual restriction shall not constitute a material breach of this Agreement; and (f) The right to submit the Program or portions thereof for awards consideration within the Territory. Immediately upon signature of this Agreement, Licensor shall furnish HERE with all available promotional materials as set forth in Exhibit A. Timely delivery of all available promotional materials is of the essence of this Agreement.
Appears in 3 contracts
Samples: Licensing Agreement (Planetout Inc), Licensing Agreement (Here Media Inc.), Licensing Agreement (Here Media Inc.)
Advertising and Promotion Materials. Licensor hereby grants to HERE the following rights with respect to the ProgramPrograms, which rights shall be exclusive to HERE within the Territory during the Term:
(a) The right to use, disseminate, reproduce, print and publish, without the payment of any additional compensation, any and all audio, visual and other elements of the ProgramPrograms, including, without limitation, any clips, music (in context only unless otherwise specified herein), existing slides, photos and other publicity and promotional materials reasonably available to or under the control of Licensor (“Advertising Materials”), subject to any pre-existing third party contractual restrictions applicable thereto and of which Licensor informs HERE in writing at the time of delivery of the Advertising Materials. HERE’s inadvertent or unintentional failure to comply with any such applicable restrictions shall not constitute a material breach of this Agreement. Licensor hereby acknowledges HERE’s preference for original color slides and agrees to use its best efforts to furnish same to HERE. To the extent reasonably practical, said Advertising Materials shall be delivered to HERE, at Licensor’s sole cost and expense, not less than one hundred and twenty (120) days prior to commencement of the Term, or as early as reasonably and commercial possible. Licensor shall deliver said Advertising Materials in accordance with the delivery schedule attached hereto as Exhibit A. Licensor understands that the furnishing of the aforementioned Advertising Materials is a material obligation of this Agreement and failure to comply with such is grounds for termination of this Agreement;
(b) The right to create and use written summaries, extracts, and synopses of the Program Programs for the purposes of advertising, exploitation and publicity;
(c) The right to advertise, publicize, and promote the exhibition of the Program Programs by all means and/or media (including, without limitation, the Internet) in the Licensed Languages specified herein; and
(d) The right to create television promotional spots featuring segments (not to exceed four (4) minutes each) of the ProgramPrograms, and the right to engage in commercial or promotional tie-ins with sponsors of the Program Programs or the Telecast Service, subject to any restrictions or obligations contained in the talent agreements and notified by Licensor to HERE in advance and in writing;
(e) The right to use and authorize third parties to use the name, likeness and/or voice of, and biographical information relating to, anyone who rendered services in or in connection with the ProgramPrograms, for the purposes of advertising, publicizing or promoting the Program Programs or the Telecast Service, but not so as to constitute a direct endorsement of any product or telecast service other than the Telecast Service referred to in this Agreement, and subject to any applicable guild and third party contractual restrictions of which Licensor notifies HERE in advance and in writing. Notwithstanding the foregoing, HERE’s inadvertent or unintentional failure to comply with any applicable guild or third party contractual restriction shall not constitute a material breach of this Agreement; and
(f) The right to submit the Program Programs or portions thereof for awards consideration within the Territory. Immediately upon signature of this Agreement, Licensor shall furnish HERE with all available promotional materials as set forth in Exhibit A. Timely delivery of all available promotional materials is of the essence of this Agreement.
Appears in 3 contracts
Samples: Licensing Agreement (Here Media Inc.), Licensing Agreement (Here Media Inc.), Licensing Agreement (Planetout Inc)
Advertising and Promotion Materials. Licensor hereby grants to HERE the following rights with respect to the ProgramPrograms, which rights shall be exclusive to HERE within the Territory during the Term:
(a) The right to use, disseminate, reproduce, print and publish, without the payment of any additional compensation, any and all audio, visual and other elements of the ProgramPrograms, including, without limitation, any clips, music (in context only unless otherwise specified herein), existing slides, photos and other publicity and promotional materials reasonably available to or under the control of Licensor (“Advertising Materials”), subject to any pre-existing third party contractual restrictions applicable thereto and of which Licensor informs HERE in writing at the time of delivery of the Advertising Materials. HERE’s ’S inadvertent or unintentional failure to comply with any such applicable restrictions shall not constitute a material breach of this Agreement. Licensor hereby acknowledges HERE’s ’S preference for original color slides and agrees to use its best efforts to furnish same to HERE. To the extent reasonably practical, said Advertising Materials shall be delivered to HERE, at Licensor’s sole cost and expense, not less than one hundred and twenty (120) days prior to commencement of the Term, or as early as reasonably and commercial possible. Licensor shall deliver said Advertising Materials in accordance with the delivery schedule attached hereto as Exhibit A. Licensor understands that the furnishing of the aforementioned Advertising Materials is a material obligation of this Agreement and failure to comply with such is grounds for termination of this Agreement;
(b) The right to create and use written summaries, extracts, and synopses of the Program Programs for the purposes of advertising, exploitation and publicity;
(c) The right to advertise, publicize, and promote the exhibition of the Program Programs by all means and/or media (including, without limitation, the Internet) in the Licensed Languages specified herein; and
(d) The right to create television promotional spots featuring segments (not to exceed four (4) minutes each) of the ProgramPrograms, and the right to engage in commercial or promotional tie-ins with sponsors of the Program Programs or the Telecast Service, subject to any restrictions or obligations contained in the talent agreements and notified by Licensor to HERE in advance and in writing;
(e) The right to use and authorize third parties to use the name, likeness and/or voice of, and biographical information relating to, anyone who rendered services in or in connection with the ProgramPrograms, for the purposes of advertising, publicizing or promoting the Program Programs or the Telecast Service, but not so as to constitute a direct endorsement of any product or telecast service other than the Telecast Service referred to in this Agreement, and subject to any applicable guild and third party contractual restrictions of which Licensor notifies HERE in advance and in writing. Notwithstanding the foregoing, HERE’s ’S inadvertent or unintentional failure to comply with any applicable guild or third party contractual restriction shall not constitute a material breach of this Agreement; and
(f) The right to submit the Program Programs or portions thereof for awards consideration within the Territory. Immediately upon signature of this Agreement, Licensor shall furnish HERE with all available promotional materials as set forth in Exhibit A. Timely delivery of all available promotional materials is of the essence of this Agreement.
Appears in 3 contracts
Samples: Licensing Agreement (Here Media Inc.), Licensing Agreement (Here Media Inc.), Licensing Agreement (Planetout Inc)
Advertising and Promotion Materials. Licensor hereby grants to HERE the following rights with respect to the Program, which rights shall be exclusive to HERE within the Territory during the TermTerritory:
(a) The right to use, disseminate, reproduce, print and publish, without the payment of any additional compensation, any and all audio, visual and other elements of the Program, including, including without limitation, any clips, music (in context only unless otherwise specified herein), ) existing slides, photos and other publicity and promotional materials reasonably available to or under the control of Licensor (“Advertising Materials”), subject to any pre-existing third party contractual restrictions applicable thereto and of which Licensor informs HERE in writing at the time of delivery of the Advertising Materials. HERE’s ’S inadvertent or unintentional failure to comply with any such applicable restrictions shall not constitute a material breach of this Agreement. Licensor hereby acknowledges HERE’s ’S preference for original color slides and agrees to use its best efforts to furnish same to HERE. To the extent reasonably practical, said Advertising Materials shall be delivered to HERE, HERE at Licensor’s sole cost and expense, expense not less than one hundred and twenty (120) days prior to commencement of the Term, or as early as reasonably and commercial possible. Licensor shall deliver said Advertising Materials in accordance with the delivery schedule attached hereto as Exhibit A. Delivery Requirements. Licensor understands that the furnishing of the aforementioned Advertising Materials is a material obligation of this Agreement and failure to comply with such is grounds for termination of this Agreement;
(b) The right to create and use written summaries, extracts, and synopses of the Program for the purposes purpose of advertising, exploitation and publicity;
(c) The right to advertise, publicize, and promote the exhibition of the Program Programs by all means and/or media (including, without limitation, but not limited to the Internet) in the Licensed Languages Language specified herein; and;
(d) The right to create television promotional spots featuring segments (not to exceed four (4) minutes each) of the Program, Program and the right to engage in commercial or promotional tie-ins with sponsors of the Program or the Telecast Service, subject to any restrictions or obligations contained in the talent agreements and notified by Licensor to HERE in advance and writing in writingadvance;
(e) The right to use and authorize third parties to use the name, likeness and/or voice of, and biographical information relating to, anyone who rendered services in or in connection with the Program, for the purposes purpose of advertising, publicizing or promoting the Program Programs or the Telecast Service, but not so as to constitute a direct endorsement of any product or telecast service Telecast Service other than the Telecast Service referred to in this Agreement, and subject to any applicable guild and third party contractual restrictions of which Licensor notifies HERE in advance and in writing. Notwithstanding the foregoing, HERE’s ’S inadvertent or unintentional failure to comply with any applicable guild or third party contractual restriction restrictions shall not constitute a material breach of this Agreement; and
(f) The right to submit the Program or portions thereof for awards consideration within the Territory. Immediately upon signature of this Agreement, Licensor shall furnish HERE with all available promotional materials as set forth in Exhibit A. Timely delivery of all available promotional materials is of the essence of this the Agreement.
Appears in 2 contracts
Samples: Licensing Agreement (Here Media Inc.), Licensing Agreement (Here Media Inc.)
Advertising and Promotion Materials. Licensor hereby grants to HERE the following rights with respect to the Program, which rights shall be exclusive to HERE within the Territory during the TermTerritory:
(a) The right to use, disseminate, reproduce, print and publish, without the payment of any additional compensation, any and all audio, visual and other elements of the Program, including, including without limitation, any clips, music (in context only unless otherwise specified herein), ) existing slides, photos and other publicity and promotional materials reasonably available to or under the control of Licensor (“Advertising Materials”), subject to any pre-existing third party contractual restrictions applicable thereto and of which Licensor informs HERE in writing at the time of delivery of the Advertising Materials. HERE’s ’S inadvertent or unintentional failure to comply with any such applicable restrictions shall not constitute a material breach of this Agreement. Licensor hereby acknowledges HERE’s ’S preference for original color slides and agrees to use its best efforts to furnish same to HERE. To the extent reasonably practical, said Advertising Materials shall be delivered to HERE, HERE at Licensor’s sole cost and expense, expense not less than one hundred and twenty (120) days prior to commencement of the Term, or as early as reasonably and commercial possible. Licensor shall deliver said Advertising Materials in accordance with the delivery schedule attached hereto as Exhibit A. Delivery Requirements. Licensor understands that the furnishing of the aforementioned Advertising Materials is a material obligation of this Agreement and failure to comply with such is grounds for termination of this Agreement;
(b) The right to create and use written summaries, extracts, and synopses of the Program for the purposes purpose of advertising, exploitation and publicity;
(c) The right to advertise, publicize, and promote the exhibition of the Program Programs by all means and/or media (including, without limitation, but not limited to the Internet) in the Licensed Languages Language specified herein; and;
(d) The right to create television promotional spots featuring segments (not to exceed four (4) minutes each) of the Program, Program and the right to engage in commercial or promotional tie-ins with sponsors of the Program or the Telecast Service, subject to any restrictions or obligations contained in the talent agreements and notified by Licensor to HERE in advance and writing in writingadvance;
(e) The right to use and authorize third parties to use the name, likeness and/or voice of, and biographical information relating to, anyone who rendered services in or in connection with the Program, for the purposes purpose of advertising, publicizing or promoting the Program Programs or the Telecast Service, but not so as to constitute a direct endorsement of any product or telecast service Telecast Service other than the Telecast Service referred to in this Agreement, and subject to any applicable guild and third party contractual restrictions of which Licensor notifies HERE in advance and in writing. Notwithstanding the foregoing, HERE’s ’S inadvertent or unintentional failure to comply with any applicable guild or third party contractual restriction restrictions shall not constitute a material breach of this Agreement; and
(f) The right to submit the Program or portions thereof for awards consideration within the Territory. LOCKER ROOM_ Immediately upon signature of this Agreement, Licensor shall furnish HERE with all available promotional materials as set forth in Exhibit A. Timely delivery of all available promotional materials is of the essence of this the Agreement.
Appears in 1 contract
Advertising and Promotion Materials. Licensor hereby grants to HERE the following rights with respect to the Program, which rights shall be exclusive to HERE within the Territory during the TermTerritory:
(a) The right to use, disseminate, reproduce, print and publish, without the payment of any additional compensation, any and all audio, visual and other elements of the Program, including, including without limitation, any clips, music (in context only unless otherwise specified herein), ) existing slides, photos and other publicity and promotional materials reasonably available to or under the control of Licensor (“Advertising Materials”), subject to any pre-existing third party contractual restrictions applicable thereto and of which Licensor informs HERE in writing at the time of delivery of the Advertising Materials. HERE’s ’S inadvertent or unintentional failure to comply with any such applicable restrictions shall not constitute a material breach of this Agreement. Licensor hereby acknowledges HERE’s ’S preference for original color slides and agrees to use its best efforts to furnish same to HERE. To the extent reasonably practical, said Advertising Materials shall be delivered to HERE, HERE at Licensor’s sole cost and expense, expense not less than one hundred and twenty (120) days prior to commencement of the Term, or as early as reasonably and commercial possible. Licensor shall deliver said Advertising Materials in accordance with the delivery schedule attached hereto as Exhibit A. Delivery Requirements. Licensor understands that the furnishing of the aforementioned Advertising Materials is a material obligation of this Agreement and failure to comply with such is grounds for termination of this Agreement;
(b) The right to create and use written summaries, extracts, and synopses of the Program for the purposes purpose of advertising, exploitation and publicity;
(c) The right to advertise, publicize, and promote the exhibition of the Program Programs by all means and/or media (including, without limitation, but not limited to the Internet) in the Licensed Languages Language specified herein; and;
(d) The right to create television promotional spots featuring segments (not to exceed four (4) minutes each) of the Program, Program and the right to engage in commercial or promotional tie-ins with sponsors of the Program or the Telecast Service, subject to any restrictions or obligations contained in the talent agreements and notified by Licensor to HERE in advance and writing in writingadvance;
(e) The right to use and authorize third parties to use the name, likeness and/or voice of, and biographical information relating to, anyone who rendered services in or in connection with the Program, for the purposes purpose of advertising, publicizing or promoting the Program Programs or the Telecast Service, but not so as to constitute a direct endorsement of any product or telecast service Telecast Service other than the Telecast Service referred to in this Agreement, and subject to any applicable guild and third party contractual restrictions of which Licensor notifies HERE in advance and in writing. Notwithstanding the foregoing, HERE’s ’S inadvertent or unintentional failure to comply with any applicable guild or third party contractual restriction restrictions shall not constitute a material breach of this Agreement; and
(f) The right to submit the Program or portions thereof for awards consideration within the Territory. Immediately upon signature of this Agreement, Licensor shall furnish HERE with all available promotional materials as set forth in Exhibit A. A, Timely delivery of all available promotional materials is of the essence of this the Agreement.
Appears in 1 contract