Advertising and Publicity. All advertising and publicity issued by STE for each Picture shall comply with all of Licensor’s credit and other third party obligations (including all Objectionable Restrictions if STE has elected to license a Picture with Objectionable Restrictions in accordance with the terms of Section 4(g)) for each Picture, provided, that Licensor gives STE written notice of all such obligations no later than the time of delivery of each Picture; provided, that if Licensor shall thereafter notify STE of any additional or different obligations, STE shall comply with the same, on a prospective basis only. Licensor shall not promote or publicly announce or authorize such promotion or announcement of, any exhibition(s) of the Pictures to the extent they are precluded by STE’s right to exclusivity as set forth in Section 2 above, by any party other than STE (including Licensor) to the general public or the trade earlier than the expiration of STE’s First License Period (specifically excluding, however, the initial press release announcing Licensor’s consummation of a license arrangement with respect to the applicable Picture). STE may advertise, promote and publicize the exhibition of each Picture on the STE Services in any and all media, and authorize third parties to do so; such advertising, promotion and publicity may include synopses or excerpts of such Picture (and/or of trailers or other promotional materials furnished to STE by Licensor hereunder), prepared or excerpted (as applicable) by STE and/or such third parties, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing as provided in the following sentence; provided, that STE shall not exhibit excerpts from any Picture licensed hereunder in excess of two minutes of continuous footage or in excess of four minutes of non- continuous footage and provided further that STE shall indemnify Licensor for any residual, re-use or similar payment obligations under any applicable guild agreement which arise as a result of any excerpts created and exhibited by STE. STE may use and authorize third parties to use the name, likeness and voice of, and biographical information relating to, anyone who rendered services or granted rights in or in connection with any Picture solely for the purpose of advertising, promoting or publicizing exhibitions of the Picture(s) hereunder, but not so as to constitute an endorsement of any product or service, including the STE Services, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing, such notice to be delivered not later than one hundred twenty (120) days prior to the commencement of the Picture’s First License Period; provided, that if Licensor shall thereafter notify STE of any additional or different obligations, STE shall comply with the same, on a prospective basis only. Licensor acknowledges (with respect to SPE Group Members only and not for any third party) that any implied endorsement of the STE Services as a result of any advertising and publicity permitted hereunder shall not be a breach hereof. STE may exercise its rights under this Section 7 in connection with its Pay Television and SOD rights hereunder (i) upon a Picture’s Initial Theatrical Release for trade advertising and (ii) commencing ninety (90) days prior to the commencement of each License Period for consumer advertising and promotion.
Appears in 2 contracts
Samples: Pay Television License Agreement, Pay Television License Agreement
Advertising and Publicity. All advertising Licensee will have the right to develop and distribute in the Territory advertising, publicity issued by STE for each Picture shall comply with all of Licensor’s credit and other third party obligations (including all Objectionable Restrictions if STE has elected promotional materials relating to license a Picture with Objectionable Restrictions in accordance with the terms of Section 4(g)) for each Picture, provided, that Licensor gives STE written notice of all such obligations no later than Channels and the time of delivery of each Picture; provided, that if Licensor shall thereafter notify STE of any additional or different obligations, STE shall comply with the same, on a prospective basis only. Licensor shall not promote or publicly announce or authorize such promotion or announcement of, any exhibition(s) Company Programming as part of the Pictures Channels, including advertising telecasts of the Company Programming or any person appearing therein (unless Licensor has specifically notified Licensee to the extent they are precluded by STE’s right to exclusivity contrary) and the sub-licensees of the Company Programming as set forth in Section 2 above2.3 will have the right to develop and distribute advertising, by any party other than STE (including Licensor) publicity and promotional materials relating to the general public or the trade earlier than the expiration of STE’s First License Period (specifically excludingCompany Programming they have sub-licensed; provided, however, that any such materials (other than material obtained directly from Licensor) will comply with the initial press release announcing following restrictions:
(a) all such materials will comply with the restrictions set forth in Section 4.2 and be subject to Licensor’s consummation 's approval rights pursuant
(b) all such materials will clearly identify the Trademarks with a legible credit line with the wording "`Playboy' (or the `Rabbit Head Design', etc.) is the marx xx and used with the permission of a license arrangement with respect Playboy Enterprises International, Inc." or similar words as Licensor may designate from time to the applicable Picture). STE time; and
(c) in no event may advertise, promote and publicize the exhibition of each Picture on the STE Services in any and all media, and authorize third parties to do so; such advertising, promotion and publicity may include synopses or excerpts promotional material using the names of such Picture (and/or Licensor or any of trailers or other promotional materials furnished to STE by Licensor hereunder)its Affiliates, prepared or excerpted (as applicable) by STE and/or such third parties, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing as provided in the following sentence; provided, that STE shall not exhibit excerpts from any Picture licensed hereunder in excess of two minutes of continuous footage or in excess of four minutes of non- continuous footage and provided further that STE shall indemnify Licensor for any residual, re-use or similar payment obligations under any applicable guild agreement which arise as a result name of any excerpts created and exhibited by STE. STE may use and authorize third parties to use program supplied under the name, likeness and voice of, and biographical information relating to, anyone who rendered services Program License Agreement or granted rights the name of any person appearing in or in connection with any Picture solely for a program licensed under the purpose of advertising, promoting or publicizing exhibitions of the Picture(s) hereunder, but not so as Program License Agreement be used to constitute an endorsement of or any party, sponsor, product or service. Other than as expressly set forth in this Agreement, including the STE Services, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing, such notice to be delivered not later than one hundred twenty (120) days prior to the commencement Licensee will make no use of the Picture’s First License Period; provided, Trademarks or any confusingly similar designation without the prior express written consent of Licensor. Licensee similarly agrees that if Licensor shall thereafter notify STE of any additional it will not authorize or different obligations, STE shall comply with the same, on a prospective basis only. Licensor acknowledges (with respect purport to SPE Group Members only and not for authorize any third party) party to make any such use and, if Licensor's consent thereto is obtained in accordance with Section 2.5, it will expressly provide in any applicable third party agreements that any implied endorsement of the STE Services as a result of any advertising such third parties will only be entitled to use such names and publicity permitted hereunder shall not be a breach hereof. STE may exercise its marks on material supplied to them by Licensee in accordance with Licensee's rights under this Section 7 in connection with its Pay Television and SOD rights hereunder (i) upon a Picture’s Initial Theatrical Release for trade advertising and (ii) commencing ninety (90) days prior to the commencement of each License Period for consumer advertising and promotionhereunder.
Appears in 1 contract
Samples: Trademark License Agreement (Claxson Interactive Group Inc)
Advertising and Publicity. All advertising Licensee will have the right to develop and distribute in the Territory advertising, publicity issued by STE for each Picture shall comply with all of Licensor’s credit and other third party obligations (including all Objectionable Restrictions if STE has elected promotional materials relating to license a Picture with Objectionable Restrictions in accordance with the terms of Section 4(g)) for each Picture, provided, that Licensor gives STE written notice of all such obligations no later than Channels and the time of delivery of each Picture; provided, that if Licensor shall thereafter notify STE of any additional or different obligations, STE shall comply with the same, on a prospective basis only. Licensor shall not promote or publicly announce or authorize such promotion or announcement of, any exhibition(s) Company Programming as part of the Pictures Channels, including advertising telecasts of the Company Programming or any person appearing therein (unless Licensor has specifically notified Licensee to the extent they are precluded by STE’s right to exclusivity contrary) and the sub-licensees of the Company Programming as set forth in Section 2 above2.3 will have the right to develop and distribute advertising, by any party other than STE (including Licensor) publicity and promotional materials relating to the general public or the trade earlier than the expiration of STE’s First License Period (specifically excludingCompany Programming they have sub-licensed; provided, however, that any such materials (other than material obtained directly from Licensor) will comply with the initial press release announcing following restrictions:
(a) all such materials will comply with the restrictions set forth in Section 4.2 and be subject to Licensor’s consummation 's approval rights pursuant to Section 4.4;
(b) all such materials will clearly identify the Trademarks with a legible credit line with the wording "`Playboy' (or the `Rabbit Head Design', etc.) is the mark of a license arrangement and used with respect the permission of Playboy Enterprises Intxxxxtional, Inc." or similar words as Licensor may designate from time to the applicable Picture). STE time; and
(c) in no event may advertise, promote and publicize the exhibition of each Picture on the STE Services in any and all media, and authorize third parties to do so; such advertising, promotion and publicity may include synopses or excerpts promotional material using the names of such Picture (and/or Licensor or any of trailers or other promotional materials furnished to STE by Licensor hereunder)its Affiliates, prepared or excerpted (as applicable) by STE and/or such third parties, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing as provided in the following sentence; provided, that STE shall not exhibit excerpts from any Picture licensed hereunder in excess of two minutes of continuous footage or in excess of four minutes of non- continuous footage and provided further that STE shall indemnify Licensor for any residual, re-use or similar payment obligations under any applicable guild agreement which arise as a result name of any excerpts created and exhibited by STE. STE may use and authorize third parties to use program supplied under the name, likeness and voice of, and biographical information relating to, anyone who rendered services Program License Agreement or granted rights the name of any person appearing in or in connection with any Picture solely for a program licensed under the purpose of advertising, promoting or publicizing exhibitions of the Picture(s) hereunder, but not so as Program License Agreement be used to constitute an endorsement of or any party, sponsor, product or service. Other than as expressly set forth in this Agreement, including the STE Services, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing, such notice to be delivered not later than one hundred twenty (120) days prior to the commencement Licensee will make no use of the Picture’s First License Period; provided, Trademarks or any confusingly similar designation without the prior express written consent of Licensor. Licensee similarly agrees that if Licensor shall thereafter notify STE of any additional it will not authorize or different obligations, STE shall comply with the same, on a prospective basis only. Licensor acknowledges (with respect purport to SPE Group Members only and not for authorize any third party) party to make any such use and, if Licensor's consent thereto is obtained in accordance with Section 2.5, it will expressly provide in any applicable third party agreements that any implied endorsement of the STE Services as a result of any advertising such third parties will only be entitled to use such names and publicity permitted hereunder shall not be a breach hereof. STE may exercise its marks on material supplied to them by Licensee in accordance with Licensee's rights under this Section 7 in connection with its Pay Television and SOD rights hereunder (i) upon a Picture’s Initial Theatrical Release for trade advertising and (ii) commencing ninety (90) days prior to the commencement of each License Period for consumer advertising and promotionhereunder.
Appears in 1 contract
Samples: Trademark License Agreement (Playboy Enterprises Inc)
Advertising and Publicity. All The Company hereby acknowledges that, as between the Company and Licensor, the Licensor Trademarks are the sole and exclusive property of Licensor. The Company, and any sublicensee of the Licensed Programming and solely in connection with the sublicensed Licensed Programming, shall have the right to develop and distribute in the Territory, and with respect to the PTVLA Portugal Feed, in the Portuguese Africa Distribution Territory, advertising, publicity and promotional materials relating to the Company Service and the Programs, including advertising telecasts of the Programs or any person appearing therein (unless Licensor has specifically notified the Company to the contrary); provided, however, that any such advertising, publicity and publicity issued by STE for each Picture promotional materials (other than material obtained directly from Licensor) shall comply with applicable law and the following restrictions:
(a) all such materials shall comply with the restrictions set forth in this Section 3 and be subject to Licensor's approval rights pursuant thereto;
(b) all such materials shall clearly identify the Licensor Trademarks with a legible credit line with the wording "Playboy" (or the `Rabbit Head Design,' etc.) is the mark of and used with the permission of Playboy or its Affiliates, xs the case may be, or such other words as Licensor may designate from time to time;
(c) in no event may any advertising, publicity or promotional material using the names of Licensor’s credit and , the name of a Branded Program or the name of any person appearing in a Branded Program be used to constitute an endorsement, express or implied, of any party, sponsor, product or service; and
(d) in no event without Licensor's prior approval, in each instance, may any advertising, publicity or promotional material be in any language other than Spanish, Portuguese or English. Other than as expressly set forth in this Agreement, the Company shall make no use of the Licensor Trademarks or any confusingly similar designation without the prior express written consent of Licensor in each instance. The Company shall also make no use whatsoever of any other trademark, trade name or service mark that is the property of Licensor or any of its Affiliates withxxx the prior express written consent of Licensor in each instance. The Company similarly agrees that it will not authorize or purport to authorize any third party obligations (including all Objectionable Restrictions to make any such use and, if STE has elected Licensor's consent thereto is obtained in accordance with this Section 3, it will expressly provide in any applicable third-party agreements that such third parties will only be entitled to license a Picture with Objectionable Restrictions use such names and marks on material supplied to them by the Company in accordance with the terms of Section 4(g)) for each Picture, provided, that Licensor gives STE written notice of all such obligations no later than the time of delivery of each Picture; provided, that if Licensor shall thereafter notify STE of any additional or different obligations, STE shall comply with the same, on a prospective basis only. Licensor shall not promote or publicly announce or authorize such promotion or announcement of, any exhibition(s) of the Pictures to the extent they are precluded by STE’s right to exclusivity as set forth in Section 2 above, by any party other than STE (including Licensor) to the general public or the trade earlier than the expiration of STE’s First License Period (specifically excluding, however, the initial press release announcing Licensor’s consummation of a license arrangement with respect to the applicable Picture). STE may advertise, promote and publicize the exhibition of each Picture on the STE Services in any and all media, and authorize third parties to do so; such advertising, promotion and publicity may include synopses or excerpts of such Picture (and/or of trailers or other promotional materials furnished to STE by Licensor Company's rights hereunder), prepared or excerpted (as applicable) by STE and/or such third parties, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing as provided in the following sentence; provided, that STE shall not exhibit excerpts from any Picture licensed hereunder in excess of two minutes of continuous footage or in excess of four minutes of non- continuous footage and provided further that STE shall indemnify Licensor for any residual, re-use or similar payment obligations under any applicable guild agreement which arise as a result of any excerpts created and exhibited by STE. STE may use and authorize third parties to use the name, likeness and voice of, and biographical information relating to, anyone who rendered services or granted rights in or in connection with any Picture solely for the purpose of advertising, promoting or publicizing exhibitions of the Picture(s) hereunder, but not so as to constitute an endorsement of any product or service, including the STE Services, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing, such notice to be delivered not later than one hundred twenty (120) days prior to the commencement of the Picture’s First License Period; provided, that if Licensor shall thereafter notify STE of any additional or different obligations, STE shall comply with the same, on a prospective basis only. Licensor acknowledges (with respect to SPE Group Members only and not for any third party) that any implied endorsement of the STE Services as a result of any advertising and publicity permitted hereunder shall not be a breach hereof. STE may exercise its rights under this Section 7 in connection with its Pay Television and SOD rights hereunder (i) upon a Picture’s Initial Theatrical Release for trade advertising and (ii) commencing ninety (90) days prior to the commencement of each License Period for consumer advertising and promotion.
Appears in 1 contract
Samples: Program Supply and Trademark License Agreement (Playboy Enterprises Inc)
Advertising and Publicity. All The Company hereby acknowledges that, as between the Company and Licensor, the Licensor Trademarks are the sole and exclusive property of Licensor. The Company, and any sublicensee of the Licensed Programming and solely in connection with the sublicensed Licensed Programming, shall have the right to develop and distribute in the Territory advertising, publicity and promotional materials relating to the Company Service and the Programs, including advertising telecasts of the Programs or any person appearing therein (unless Licensor has specifically notified the Company to the contrary); provided, however, that any such advertising, publicity and publicity issued by STE for each Picture promotional materials (other than material obtained directly from Licensor) shall comply with applicable law and the following restrictions:
(a) all such materials shall comply with the restrictions set forth in this Section 3 and be subject to Licensor's approval rights pursuant thereto;
(b) all such materials shall clearly identify the Licensor Trademarks with a legible credit line with the wording "Playboy" (or the `Rabbit Head Design,' etc.) is the mark of and used with the permission of Playboy or its Affiliates, xx the case may be, or such other words as Licensor may designate from time to time;
(c) in no event may any advertising, publicity or promotional material using the names of Licensor’s credit and , the name of a Branded Program or the name of any person appearing in a Branded Program be used to constitute an endorsement, express or implied, of any party, sponsor, product or service; and
(d) in no event without Licensor's prior approval, in each instance, may any advertising, publicity or promotional material be in any language other than Spanish, Portuguese or English. Other than as expressly set forth in this Agreement, the Company shall make no use of the Licensor Trademarks or any confusingly similar designation without the prior express written consent of Licensor in each instance. The Company shall also make no use whatsoever of any other trademark, trade name or service mark that is the property of Licensor or any of its Affiliates witxxxx the prior express written consent of Licensor in each instance. The Company similarly agrees that it will not authorize or purport to authorize any third party obligations (including all Objectionable Restrictions to make any such use and, if STE has elected Licensor's consent thereto is obtained in accordance with this Section 3, it will expressly provide in any applicable third-party agreements that such third parties will only be entitled to license a Picture with Objectionable Restrictions use such names and marks on material supplied to them by the Company in accordance with the terms of Section 4(g)) for each Picture, provided, that Licensor gives STE written notice of all such obligations no later than the time of delivery of each Picture; provided, that if Licensor shall thereafter notify STE of any additional or different obligations, STE shall comply with the same, on a prospective basis only. Licensor shall not promote or publicly announce or authorize such promotion or announcement of, any exhibition(s) of the Pictures to the extent they are precluded by STE’s right to exclusivity as set forth in Section 2 above, by any party other than STE (including Licensor) to the general public or the trade earlier than the expiration of STE’s First License Period (specifically excluding, however, the initial press release announcing Licensor’s consummation of a license arrangement with respect to the applicable Picture). STE may advertise, promote and publicize the exhibition of each Picture on the STE Services in any and all media, and authorize third parties to do so; such advertising, promotion and publicity may include synopses or excerpts of such Picture (and/or of trailers or other promotional materials furnished to STE by Licensor Company's rights hereunder), prepared or excerpted (as applicable) by STE and/or such third parties, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing as provided in the following sentence; provided, that STE shall not exhibit excerpts from any Picture licensed hereunder in excess of two minutes of continuous footage or in excess of four minutes of non- continuous footage and provided further that STE shall indemnify Licensor for any residual, re-use or similar payment obligations under any applicable guild agreement which arise as a result of any excerpts created and exhibited by STE. STE may use and authorize third parties to use the name, likeness and voice of, and biographical information relating to, anyone who rendered services or granted rights in or in connection with any Picture solely for the purpose of advertising, promoting or publicizing exhibitions of the Picture(s) hereunder, but not so as to constitute an endorsement of any product or service, including the STE Services, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing, such notice to be delivered not later than one hundred twenty (120) days prior to the commencement of the Picture’s First License Period; provided, that if Licensor shall thereafter notify STE of any additional or different obligations, STE shall comply with the same, on a prospective basis only. Licensor acknowledges (with respect to SPE Group Members only and not for any third party) that any implied endorsement of the STE Services as a result of any advertising and publicity permitted hereunder shall not be a breach hereof. STE may exercise its rights under this Section 7 in connection with its Pay Television and SOD rights hereunder (i) upon a Picture’s Initial Theatrical Release for trade advertising and (ii) commencing ninety (90) days prior to the commencement of each License Period for consumer advertising and promotion.
Appears in 1 contract
Samples: Program Supply and Trademark License Agreement (Playboy Enterprises Inc)
Advertising and Publicity. All The Company hereby acknowledges that, as between the Company and Licensor, the Licensor Trademarks are the sole and exclusive property of Licensor. The Company, and any sublicensee of the Licensed Programming and solely in connection with the sublicensed Licensed Programming, shall have the right to develop and distribute in the Territory advertising, publicity and promotional materials relating to the Company Service and the Programs, including advertising telecasts of the Programs or any person appearing therein (unless Licensor has specifically notified the Company to the contrary); provided, however, that any such advertising, publicity and publicity issued by STE for each Picture promotional materials (other than material obtained directly from Licensor) shall comply with applicable law and the following restrictions:
(a) all such materials shall comply with the restrictions set forth in this Section 3 and be subject to Licensor's approval rights pursuant thereto;
(b) all such materials shall clearly identify the Licensor Trademarks with a legible credit line with the wording "Playboy" (or the `Rabbit Head Design,' etc.) is the xxxx of and used with the permission of Playboy or its Affiliates, as the case may be, or such other words as Licensor may designate from time to time;
(c) in no event may any advertising, publicity or promotional material using the names of Licensor’s credit and , the name of a Branded Program or the name of any person appearing in a Branded Program be used to constitute an endorsement, express or implied, of any party, sponsor, product or service; and
(d) in no event without Licensor's prior approval, in each instance, may any advertising, publicity or promotional material be in any language other than Spanish, Portuguese or English. Other than as expressly set forth in this Agreement, the Company shall make no use of the Licensor Trademarks or any confusingly similar designation without the prior express written consent of Licensor in each instance. The Company shall also make no use whatsoever of any other trademark, trade name or service xxxx that is the property of Licensor or any of its Affiliates without the prior express written consent of Licensor in each instance. The Company similarly agrees that it will not authorize or purport to authorize any third party obligations (including all Objectionable Restrictions to make any such use and, if STE has elected Licensor's consent thereto is obtained in accordance with this Section 3, it will expressly provide in any applicable third-party agreements that such third parties will only be entitled to license a Picture with Objectionable Restrictions use such names and marks on material supplied to them by the Company in accordance with the terms of Section 4(g)) for each Picture, provided, that Licensor gives STE written notice of all such obligations no later than the time of delivery of each Picture; provided, that if Licensor shall thereafter notify STE of any additional or different obligations, STE shall comply with the same, on a prospective basis only. Licensor shall not promote or publicly announce or authorize such promotion or announcement of, any exhibition(s) of the Pictures to the extent they are precluded by STE’s right to exclusivity as set forth in Section 2 above, by any party other than STE (including Licensor) to the general public or the trade earlier than the expiration of STE’s First License Period (specifically excluding, however, the initial press release announcing Licensor’s consummation of a license arrangement with respect to the applicable Picture). STE may advertise, promote and publicize the exhibition of each Picture on the STE Services in any and all media, and authorize third parties to do so; such advertising, promotion and publicity may include synopses or excerpts of such Picture (and/or of trailers or other promotional materials furnished to STE by Licensor Company's rights hereunder), prepared or excerpted (as applicable) by STE and/or such third parties, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing as provided in the following sentence; provided, that STE shall not exhibit excerpts from any Picture licensed hereunder in excess of two minutes of continuous footage or in excess of four minutes of non- continuous footage and provided further that STE shall indemnify Licensor for any residual, re-use or similar payment obligations under any applicable guild agreement which arise as a result of any excerpts created and exhibited by STE. STE may use and authorize third parties to use the name, likeness and voice of, and biographical information relating to, anyone who rendered services or granted rights in or in connection with any Picture solely for the purpose of advertising, promoting or publicizing exhibitions of the Picture(s) hereunder, but not so as to constitute an endorsement of any product or service, including the STE Services, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing, such notice to be delivered not later than one hundred twenty (120) days prior to the commencement of the Picture’s First License Period; provided, that if Licensor shall thereafter notify STE of any additional or different obligations, STE shall comply with the same, on a prospective basis only. Licensor acknowledges (with respect to SPE Group Members only and not for any third party) that any implied endorsement of the STE Services as a result of any advertising and publicity permitted hereunder shall not be a breach hereof. STE may exercise its rights under this Section 7 in connection with its Pay Television and SOD rights hereunder (i) upon a Picture’s Initial Theatrical Release for trade advertising and (ii) commencing ninety (90) days prior to the commencement of each License Period for consumer advertising and promotion.
Appears in 1 contract
Samples: Program Supply and Trademark License Agreement (Claxson Interactive Group Inc)
Advertising and Publicity. All advertising Licensee will have the right to develop and distribute in the Territory advertising, publicity issued by STE for each Picture shall comply with all of Licensor’s credit and other third party obligations (including all Objectionable Restrictions if STE has elected promotional materials relating to license a Picture with Objectionable Restrictions in accordance with the terms of Section 4(g)) for each Picture, provided, that Licensor gives STE written notice of all such obligations no later than Channels and the time of delivery of each Picture; provided, that if Licensor shall thereafter notify STE of any additional or different obligations, STE shall comply with the same, on a prospective basis only. Licensor shall not promote or publicly announce or authorize such promotion or announcement of, any exhibition(s) Company Programming as part of the Pictures Channels, including advertising telecasts of the Company Programming or any person appearing therein (unless Licensor has specifically notified Licensee to the extent they are precluded by STE’s right to exclusivity contrary) and the sub-licensees of the Company Programming as set forth in Section 2 above2.3 will have the right to develop and distribute advertising, by any party other than STE (including Licensor) publicity and promotional materials relating to the general public or the trade earlier than the expiration of STE’s First License Period (specifically excludingCompany Programming they have sub-licensed; provided, however, that any such materials (other than material obtained directly from Licensor) will comply with the initial press release announcing following restrictions:
(a) all such materials will comply with the restrictions set forth in Section 4.2 and be subject to Licensor’s consummation 's approval rights pursuant to Section 4.4;
(b) all such materials will clearly identify the Trademarks with a legible credit line with the wording "`Playboy' (or the `Rabbit Head Design', etc.) is the xxxx of a license arrangement and used with respect the permission of Playboy Enterprises International, Inc." or similar words as Licensor may designate from time to the applicable Picture). STE time; and
(c) in no event may advertise, promote and publicize the exhibition of each Picture on the STE Services in any and all media, and authorize third parties to do so; such advertising, promotion and publicity may include synopses or excerpts promotional material using the names of such Picture (and/or Licensor or any of trailers or other promotional materials furnished to STE by Licensor hereunder)its Affiliates, prepared or excerpted (as applicable) by STE and/or such third parties, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing as provided in the following sentence; provided, that STE shall not exhibit excerpts from any Picture licensed hereunder in excess of two minutes of continuous footage or in excess of four minutes of non- continuous footage and provided further that STE shall indemnify Licensor for any residual, re-use or similar payment obligations under any applicable guild agreement which arise as a result name of any excerpts created and exhibited by STE. STE may use and authorize third parties to use program supplied under the name, likeness and voice of, and biographical information relating to, anyone who rendered services Program License Agreement or granted rights the name of any person appearing in or in connection with any Picture solely for a program licensed under the purpose of advertising, promoting or publicizing exhibitions of the Picture(s) hereunder, but not so as Program License Agreement be used to constitute an endorsement of or any party, sponsor, product or service. Other than as expressly set forth in this Agreement, including the STE Services, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing, such notice to be delivered not later than one hundred twenty (120) days prior to the commencement Licensee will make no use of the Picture’s First License Period; provided, Trademarks or any confusingly similar designation without the prior express written consent of Licensor. Licensee similarly agrees that if Licensor shall thereafter notify STE of any additional it will not authorize or different obligations, STE shall comply with the same, on a prospective basis only. Licensor acknowledges (with respect purport to SPE Group Members only and not for authorize any third party) party to make any such use and, if Licensor's consent thereto is obtained in accordance with Section 2.5, it will expressly provide in any applicable third party agreements that any implied endorsement of the STE Services as a result of any advertising such third parties will only be entitled to use such names and publicity permitted hereunder shall not be a breach hereof. STE may exercise its marks on material supplied to them by Licensee in accordance with Licensee's rights under this Section 7 in connection with its Pay Television and SOD rights hereunder (i) upon a Picture’s Initial Theatrical Release for trade advertising and (ii) commencing ninety (90) days prior to the commencement of each License Period for consumer advertising and promotionhereunder.
Appears in 1 contract
Samples: Trademark License Agreement (Playboy Enterprises Inc)
Advertising and Publicity. All advertising and publicity issued by STE for each Picture shall comply with all of Licensor’s credit and other third party obligations (including all Objectionable Restrictions if STE has elected to license a Picture with Objectionable Restrictions in accordance with the terms of Section 4(g)) for each Picture, provided, that Licensor gives STE written notice of all such obligations no later than the time of delivery of each Picture; provided, that if Licensor shall thereafter notify STE of any additional or different obligations, STE shall comply with the same, on a prospective basis only. Licensor shall not promote or publicly announce or authorize such promotion or announcement of, any exhibition(s) of the Pictures to the extent they are precluded by STE’s right to exclusivity as set forth in Section 2 above, by any party other than STE (including Licensor) to the general public or the trade earlier than the expiration of STE’s First License Period (specifically excluding, however, the initial press release announcing Licensor’s consummation of a license arrangement with respect to the applicable Picture). STE may advertise, promote and publicize the exhibition of each Picture on the STE Services in any and all media, and authorize third parties to do so; such advertising, promotion and publicity may include synopses or excerpts of such Picture (and/or of trailers or other promotional materials furnished to STE by Licensor hereunder), prepared or excerpted (as applicable) by STE and/or such third parties, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing as provided in the following sentence; provided, that STE shall not exhibit excerpts from any Picture licensed hereunder in excess of two minutes of continuous footage or in excess of four minutes of non- non-continuous footage and provided further that STE shall indemnify Licensor for any residual, re-use or similar payment obligations under any applicable guild agreement which arise as a result of any excerpts created and exhibited by STE. STE may use and authorize third parties to use the name, likeness and voice of, and biographical information relating to, anyone who rendered services or granted rights in or in connection with any Picture solely for the purpose of advertising, promoting or publicizing exhibitions of the Picture(s) hereunder, but not so as to constitute an endorsement of any product or service, including the STE Services, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing, such notice to be delivered not later than one hundred twenty (120) days prior to the commencement of the Picture’s First License Period; provided, that if Licensor shall thereafter notify STE of any additional or different obligations, STE shall comply with the same, on a prospective basis only. Licensor acknowledges (with respect to SPE Group Members only and not for any third party) that any implied endorsement of the STE Services as a result of any advertising and publicity permitted hereunder shall not be a breach hereof. STE may exercise its rights under this Section 7 in connection with its Pay Television and SOD rights hereunder (i) upon a Picture’s Initial Theatrical Release for trade advertising and (ii) commencing ninety (90) days prior to the commencement of each License Period for consumer advertising and promotion; provided, that with respect to Pictures that are released on VOD or PPV “day-and-date” with such Picture’s Initial Home Video Release, and, in each case, for which Licensor has given STE at least forty-five (45) days prior written notice, the foregoing ninety (90) day pre-promotion period shall be reduced to sixty (60) days, and with respect to Pictures that are released on a Sell-Through Electronic Basis prior to the Picture’s DVD (or Blu-ray) “street date”, in each case for which Licensor has given STE at least forty-five (45) days prior written notice, the foregoing ninety (90) day pre-promotion period shall be reduced to forty-five (45) days, in each instance excluding STE’s routine “comingled” cross promotional spots and promotions during Previews,a Preview of an STE Pay Television Service but only on such STE Pay Television Service, each of which shall (for clarity) remain subject to the restrictions set forth in clause (ii) above preceding the proviso set forth therein. For clarity, except as otherwise provided herein, STE shall not make or authorize third parties to make any material alterations to any key art, images, stills or other promotional materials provided by or otherwise approved by Licensor that are related to a Picture, including alterations to the likeness of persons or characters appearing in the Picture, without the prior written consent of Licensor. Material alterations shall include alterations that contravene contractual restrictions imposed upon Licensor by third parties or are otherwise detrimental to A-level talent relationships; provided, however, that in no event shall the placement of an STE logo or “bug” in or on any such promotional materials be deemed a material alteration so long as such logo or “bug” is reasonable in terms of its proportionality to such promotional materials and so long as it is not situated in such a manner as to suggest an endorsement by any anyone who rendered services or granted rights in or in connection with any Picture of any product or service, including the STE Services.
Appears in 1 contract
Samples: Pay Television License Agreement
Advertising and Publicity. All The Company hereby acknowledges that, as between the Company and Licensor, the Licensor Trademarks are the sole and exclusive property of Licensor. The Company, and any sublicensee of the Licensed Programming and solely in connection with the sublicensed Licensed Programming, shall have the right to develop and distribute in the Territory, and with respect to the PTVLA Portugal Feed, in the Portuguese Africa Distribution Territory, advertising, publicity and promotional materials relating to the Company Service and the Programs, including advertising telecasts of the Programs or any person appearing therein (unless Licensor has specifically notified the Company to the contrary); provided, however, that any such advertising, publicity and publicity issued by STE for each Picture promotional materials (other than material obtained directly from Licensor) shall comply with applicable law and the following restrictions:
(a) all such materials shall comply with the restrictions set forth in this Section 3 and be subject to Licensor’s approval rights pursuant thereto;
(b) all such materials shall clearly identify the Licensor Trademarks with a legible credit line with the wording “Playboy” (or the ‘Rabbit Head Design,’ etc.) is the mxxx of and used with the permission of Playboy or its Affiliates, as the case may be, or such other words as Licensor may designate from time to time;
(c) in no event may any advertising, publicity or promotional material using the names of Licensor, the name of a Branded Program or the name of any person appearing in a Branded Program be used to constitute an endorsement, express or implied, of any party, sponsor, product or service; and
(d) in no event without Licensor’s credit and prior approval, in each instance, may any advertising, publicity or promotional material be in any language other than Spanish, Portuguese or English. Other than as expressly set forth in this Agreement, the Company shall make no use of the Licensor Trademarks or any confusingly similar designation without the prior express written consent of Licensor in each instance. The Company shall also make no use whatsoever of any other trademark, trade name or service mxxx that is the property of Licensor or any of its Affiliates without the prior express written consent of Licensor in each instance. The Company similarly agrees that it will not authorize or purport to authorize any third party obligations (including all Objectionable Restrictions to make any such use and, if STE has elected Licensor’s consent thereto is obtained in accordance with this Section 3, it will expressly provide in any applicable third-party agreements that such third parties will only be entitled to license a Picture with Objectionable Restrictions use such names and marks on material supplied to them by the Company in accordance with the terms of Section 4(g)) for each Picture, provided, that Licensor gives STE written notice of all such obligations no later than the time of delivery of each Picture; provided, that if Licensor shall thereafter notify STE of any additional or different obligations, STE shall comply with the same, on a prospective basis only. Licensor shall not promote or publicly announce or authorize such promotion or announcement of, any exhibition(s) of the Pictures to the extent they are precluded by STECompany’s right to exclusivity as set forth in Section 2 above, by any party other than STE (including Licensor) to the general public or the trade earlier than the expiration of STE’s First License Period (specifically excluding, however, the initial press release announcing Licensor’s consummation of a license arrangement with respect to the applicable Picture). STE may advertise, promote and publicize the exhibition of each Picture on the STE Services in any and all media, and authorize third parties to do so; such advertising, promotion and publicity may include synopses or excerpts of such Picture (and/or of trailers or other promotional materials furnished to STE by Licensor rights hereunder), prepared or excerpted (as applicable) by STE and/or such third parties, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing as provided in the following sentence; provided, that STE shall not exhibit excerpts from any Picture licensed hereunder in excess of two minutes of continuous footage or in excess of four minutes of non- continuous footage and provided further that STE shall indemnify Licensor for any residual, re-use or similar payment obligations under any applicable guild agreement which arise as a result of any excerpts created and exhibited by STE. STE may use and authorize third parties to use the name, likeness and voice of, and biographical information relating to, anyone who rendered services or granted rights in or in connection with any Picture solely for the purpose of advertising, promoting or publicizing exhibitions of the Picture(s) hereunder, but not so as to constitute an endorsement of any product or service, including the STE Services, subject to guild and contractual restrictions of which Licensor timely notifies STE in writing, such notice to be delivered not later than one hundred twenty (120) days prior to the commencement of the Picture’s First License Period; provided, that if Licensor shall thereafter notify STE of any additional or different obligations, STE shall comply with the same, on a prospective basis only. Licensor acknowledges (with respect to SPE Group Members only and not for any third party) that any implied endorsement of the STE Services as a result of any advertising and publicity permitted hereunder shall not be a breach hereof. STE may exercise its rights under this Section 7 in connection with its Pay Television and SOD rights hereunder (i) upon a Picture’s Initial Theatrical Release for trade advertising and (ii) commencing ninety (90) days prior to the commencement of each License Period for consumer advertising and promotion.
Appears in 1 contract
Samples: Program Supply and Trademark License Agreement (Claxson Interactive Group Inc)