Common use of Advertising/Marketing Clause in Contracts

Advertising/Marketing. Promotion 13.1 The Operator shall promote the Channels in the same manner and to the same extent as any other channels distributed by the Operator on its Platform; provided that the Operator may carry out any specific promotion with respect to certain specific channels, if such channels provide the Operator with financial assistance with respect to such promotion. Notwithstanding the foregoing, the Operator agrees that it shall provide SPN Distribution with the same opportunity to carry out specific promotions for the Channels. Moreover, the Operator agrees that the Channels will be treated similarly in terms of size and prominence (taking into consideration the context) to other channels in any advertising material where the Channel Marks appear with the logos and names of all other channels. In any promotion and marketing of the Channels, the Operator shall use only promotional material provided or pre-approved by SPN Distribution in strict adherence to SPN Distribution's instructions or if the marketing materials for the Channels are created by or on behalf of the Operator, these must be submitted to SPN Distribution for SPN Distribution's prior written approval. SPN Distribution shall make available to the Operator promotional and marketing materials in accordance with SPN Distribution's prevailing current practices. SPN Distribution may, from time to time, undertake marketing tests and public polls or other research in connection with the Channels. The Operator shall cooperate with SPN Distribution in such research by making available information reasonably requested by SPN Distribution including the relevant data and address details of its Subscribers. SPN Distribution and the Operator agree to discuss joint marketing efforts and the coordination of marketing and promotion for the Channels and the Platform. 13.2 Notwithstanding anything contained elsewhere in this Agreement, the Operator shall not without the prior written permission of SPN Distribution promote or associate itself in any manner whatsoever with any programming carried on the Channels. Specifically the Operator shall not market, promote or in any other manner whatsoever seek to draw any association between Operator and any programme on the Channels. The Operator may only use the official logo of the Channels for any non-commercial, promotional or marketing of the Channels on the Operator's network and provided such use is first approved by SPN Distribution in writing. 13.3 The Operator shall not: i. engage in any kind of promotions, special screenings, private shows, exhibit in public viewing areas, any special schemes or any deals involving any particular event, show or programme on the Channels; ii. use or exploit any of the logos or marks or the title of any event, show or programme of the Channels including without limitation, engaging in promotions via cutouts, banners or hoardings displaying any brand names or logos or trademarks of any such event; and iii. obscure the viewing of any Channel by inserting any form of graphics, pop ups, aston bands, scrolls, squeezers, pre-rolls, post rolls, logos, brand names, virtual advertising, etc.

Advertising/Marketing. Promotion 13.1 12.1 The Operator DTHO shall promote all the HD Channels and the programming exhibited by all of the HD Channels in the same manner and to the same extent as any other channels channel in the same genre, which is distributed by the Operator on its PlatformDTHO; provided provided, that the Operator DTHO may carry out any specific promotion with respect to a certain specific channels, if such channels provide the Operator with financial assistance with respect to such promotion. Notwithstanding the foregoing, the Operator HD Channel(s) or genres. 12.2 The DTHO agrees that it shall provide SPN Distribution the HD Channels with the same opportunity to carry out specific promotions for the Channelson mutually agreeable terms. Moreover, the Operator The DTHO agrees that the HD Channels will be treated similarly similarly, in terms of size and prominence (taking into consideration the context) to other channels HD Channels in any advertising material where the Channel Marks (as defined below) appear with the logos and names of all other channelsHD Channels. Nevertheless, In any promotion and marketing of promoting the HD Channels, the Operator DTHO shall use only promotional material Promotional Material provided or pre-approved by SPN Distribution SIPL, in strict adherence to SPN Distribution's instructions or the form provided by SIPL (or, if the marketing materials for the Channels are created by or on behalf of the OperatorDTHO, these must be submitted in the identical form presented to SPN Distribution SIPL’s for SPN Distribution's SIPL’s prior written approval) and only for the purpose of promoting the HD Channels. SPN Distribution SIPL shall make available to the Operator promotional and marketing materials DTHO Promotional Materials in accordance with SPN Distribution's prevailing SIPL’s then current practices. SPN Distribution may, from time to time, undertake marketing tests and public polls or other research in connection with the Channels. The Operator shall cooperate with SPN Distribution in such research by making available information reasonably requested by SPN Distribution including the relevant data and address details of its Subscribers. SPN Distribution SIPL and the Operator DTHO agree to discuss joint marketing efforts and the coordination of marketing and promotion for the HD Channels and the PlatformDistribution System. 13.2 Notwithstanding anything contained elsewhere 12.3 SIPL shall be treated similarly to other programmers in respect of opportunities for participation in events and promotions that the DTHO undertakes for the promotion of HD Channels, subject to and considering commercial agreements for each such event and promotion and the context of each such event and promotion. SIPL shall provide to the DTHO information in a format that is reasonably requested by the DTHO for this Agreement, purpose. 13. Reports 13.1 DTHO will maintain at its own expense a subscriber management system (“SMS”) which should be fully integrated with the Operator CAS (Conditional Access System). Reports under this Agreement shall not without be generated only through SMS and CAS and the prior written permission of SPN Distribution promote or associate itself same should be in any manner whatsoever with any programming carried on the Channels. Specifically the Operator shall not market, promote or in any other manner whatsoever seek to draw any association between Operator and any programme on the Channels. The Operator may only use the official logo of the Channels for any non-commercial, promotional or marketing of the Channels on the Operator's network and provided such use is first approved by SPN Distribution in writing. 13.3 The Operator shall not: i. engage in any kind of promotions, special screenings, private shows, exhibit in public viewing areas, any special schemes or any deals involving any particular event, show or programme on the Channels; ii. use or exploit any of the logos or marks or the title of any event, show or programme of the Channels including without limitation, engaging in promotions via cutouts, banners or hoardings displaying any brand names or logos or trademarks of any such event; and iii. obscure the viewing of any Channel by inserting any form of graphics, pop ups, aston bands, scrolls, squeezers, a pre-rollsdefined read only format such as a suitable PDF format, post rolls, logos, brand names, virtual advertising, etcwhich cannot be edited.