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Common use of CALCULATION OF MONTHLY SUBSCRIPTION FEE Clause in Contracts

CALCULATION OF MONTHLY SUBSCRIPTION FEE. 6.1. In case the Operator avails one or more or all Channel(s) of the Broadcaster on A-la carte basis: 6.1.1. If the Operator is providing the Subscribed Channel(s) on A-la carte basis to its Subscribers, the Monthly Subscription Fee payable to the Broadcaster for such A-xx-xxxxx Subscribed Channel(s) shall be equal to the A-xx-xxxxx Rate as set out in the Annexure A multiplied by the Monthly Average Subscriber Level availing the Subscribed Channel(s) on A-xx-xxxxx basis. 6.1.2. If the Operator does not offer such opted A-xx-xxxxx Subscribed Channel(s) as A-xx-xxxxx to its Subscribers but offers the A-xx-xxxxx Channel(s) in Packages, then the Monthly Subscription Fee payable to the Broadcaster for each of the A-xx-xxxxx Subscribed Channel(s) shall be calculated on the basis of Monthly Average Subscriber Level of the Package in which such opted A-xx-xxxxx Channel has been placed. 6.2. In case the Operator avails the Bouquet of the Broadcaster: 6.2.1. If the Operator is providing the Bouquet as a whole to its Subscribers, the Monthly Subscription Fee for Bouquet shall be equal to the Bouquet Rate as set out in the Annexure A multiplied by the Monthly Average Subscriber Level availing the Bouquet. 6.2.2. If the Operator does not offer Bouquet as a whole to its Subscribers but offers only certain Subscribed Channel(s) from the Bouquet or Packages the Subscribed Channel(s) from the Bouquet in a manner resulting in different Monthly Average Subscriber Level for different Subscribed Channel(s), then the payment by the Operator to the Broadcaster for the Bouquet, shall be calculated on the basis of Monthly Average Subscriber Level for the Subscribed Channel which has highest Monthly Average Subscriber Level amongst the Subscribed Channel(s) of the Bouquet. 6.2.3. The A-xx-xxxxx Rate and the Bouquet Rate of the Channels shall be subject to amendment or revision by the Broadcaster during the Term in accordance with any change in Applicable Law(s) and such revised rates shall apply from the date such amendment/revision is notified by such authority without any further intimation or action by either party and/or the pricing policy of the Broadcaster from time to time. Upon such amendment or revision, the Operator agrees to pay the revised Monthly Subscription Fee with immediate effect without raising any dispute. It is further agreed that in case the Operator has paid any fees in advance, the differential amount of the Monthly Subscription Fee, from the effective day of such amendment or revision will be paid by the Operator on a pro-rata basis within a period of 7 (seven) days from the receipt of the notice or invoice of revised subscription fee from the Broadcaster. 6.2.4. It is hereby agreed that in the event the Operator avails the incentive(s), on A-la care Rate or Bouquet Rate, as per the Incentive Schemes, then the Monthly Subscription Fee shall be subject to the Incentive(s) and computed in the manner set out in the Incentive Schemes. 6.2.5. Any discounts or similar offerings made by the Operator to the Subscribers in respect of the Subscribed Channel(s) shall be at the sole cost and expense of the Operator. 6.2.6. The Broadcaster reserves the right to revise the A-la carte Rates or Bouquet Rates in relation to the high-definition channel(s), if launched by the Broadcaster during the Term.

Appears in 3 contracts

Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement

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CALCULATION OF MONTHLY SUBSCRIPTION FEE. 6.1. In case the Operator avails one or more or all Channel(s) of the Broadcaster on an A-la carte and/or Bouquet basis: 6.1.1. If the Operator is providing the Subscribed Channel(s) on A-la carte basis to its Subscribers, the Monthly Subscription Fee payable to the Broadcaster for such A-xx-xxxxx Subscribed Channel(s) shall be equal to the A-xx-xxxxx Rate as set out in the Annexure A multiplied by the Monthly Average Subscriber Level availing the Subscribed Channel(s) on A-xx-xxxxx basis. 6.1.2. If the Operator does not offer such opted A-xx-xxxxx Subscribed Channel(s) as A-xx-xxxxx to its Subscribers but offers the A-xx-xxxxx Channel(s) in Packages, then the Monthly Subscription Fee payable to the Broadcaster for each of the A-xx-xxxxx Subscribed Channel(s) shall be calculated on the basis of Monthly Average Subscriber Level of the Package in which such opted A-xx-xxxxx Channel has been placed. 6.2. In case the Operator avails the Bouquet of the Broadcaster: 6.2.1. If the Operator is providing the Bouquet as a whole to its Subscribers, the Monthly Subscription Fee for Bouquet any Month shall be equal to calculated in the Bouquet Rate manner as set out in Annexure C 1. 6.2. Broadcaster share of MRP is the Annexure A multiplied amount that accrues to and is earned by the Broadcaster as consideration for the Broadcaster’s grant of license to the Operator. For removal of doubts, it is expressly clarified and agreed that the Monthly Average Subscriber Level availing Subscription Fee shall exclude the BouquetDistribution Margin. 6.2.26.3. If Distribution Margin shall be calculated as 20% of the MRP of A-la Carte and/or Bouquet as the case may be. The Distribution Margin is the income that accrues to, belongs to by overriding title, and that which has been earned by the Operator does not offer from its Subscribers, on its own account, and in the course of its own business as an Operator in making available these Channel(s). 6.4. The Broadcaster reserves the right to discontinue any Channel(s) and revise the Bouquet as a whole to its Subscribers but offers only certain during the Term. In the event any Subscribed Channel(s) from the Bouquet or Packages the Subscribed Channel(s) from the Bouquet in a manner resulting in different Monthly Average Subscriber Level for different Subscribed Channel(s), then the payment is/are discontinued by the Operator to the Broadcaster for the Bouquet, shall be calculated on the basis of Monthly Average Subscriber Level for the Subscribed Channel which has highest Monthly Average Subscriber Level amongst the Subscribed Channel(s) of the Bouquet. 6.2.3. The A-xx-xxxxx Rate and the Bouquet Rate of the Channels shall be subject to amendment or revision by the Broadcaster during the Term in accordance with any change in Applicable Law(s) and such revised rates shall apply from the date such amendment/revision is notified by such authority without any further intimation or action by either party and/or the pricing policy of the Broadcaster from time to time. Upon such amendment or revisionBroadcaster, the Operator agrees to pay the revised Monthly Subscription Fee with immediate effect without raising any disputefollowing terms: 6.4.1. It is further agreed that the Service in case relation to the Operator has paid any fees in advance, discontinued Subscribed Channel(s) shall be deemed terminated from its discontinuation date under Applicable Laws (“Discontinuation Date”). 6.4.2. If the differential amount of the Monthly Subscription Fee, from the effective day of such amendment or revision will be paid discontinued Subscribed Channel(s) was/were offered by the Operator on a pro-rata basis within a period of 7 (seven) days from the receipt of the notice or invoice of revised subscription fee from the Broadcaster. 6.2.4. It is hereby agreed that in the event the Operator avails the incentive(s), on an A-la care Rate or Bouquet Ratecarte basis, as per the Incentive Schemes, then Operator shall not be liable to pay the Monthly Subscription Fees in connection with such discontinued Subscribed Channel(s) after the Discontinuation Date. The Monthly Subscription Fee shall be subject payable pro-rated for the applicable Month till the Discontinuation Date. 6.4.3. If the discontinued Subscribed Channel(s) forms part of a Bouquet, the Operator shall reduce the Monthly Subscription Fees proportionate to the Incentive(sdiscounted A-la carte Rate of such discontinued Channel(s) and computed in the manner set out in Bouquet, from the Incentive Schemesdate of such discontinuation. 6.2.56.5. Any discounts or similar offerings made by the Operator to the Subscribers in respect of the Subscribed Channel(s) shall be at the sole cost and expense of the Operator. 6.2.6. The Broadcaster reserves the right to revise the A-la carte Rates or Bouquet Rates in relation to the high-definition channel(s), if launched by the Broadcaster during the Term.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

CALCULATION OF MONTHLY SUBSCRIPTION FEE. 6.1. 8.1 In case the Operator avails one or more or all Channel(s) of the Broadcaster on A-la carte basis: 6.1.1. 8.1.1 If the Operator is providing the Subscribed Channel(s) on A-la carte basis to its Subscribers, the Monthly Subscription Fee payable to the Broadcaster for such A-xx-xxxxx Subscribed Channel(s) shall be equal to the A-xx-xxxxx Rate as set out in the Annexure A multiplied by the number of Monthly Average Subscriber Level availing the Subscribed Channel(s) on A-xx-xxxxx basis. 6.1.2. 8.1.2 If the Operator does not offer such opted A-xx-xxxxx Subscribed Channel(s) as A-xx-xxxxx to its Subscribers but offers the A-xx-xxxxx Channel(s) in Packages, then the Monthly Subscription Fee payable to the Broadcaster for each of the A-xx-xxxxx Subscribed Channel(s) shall be calculated on the basis of Monthly Average Subscriber Level of the Package in which such opted A-xx-xxxxx Channel has been placed. 6.2. 8.2 In case the Operator avails the Bouquet of the Broadcaster: 6.2.1. 8.2.1 If the Operator is providing the Bouquet as a whole to its Subscribers, the Monthly Subscription Fee for Bouquet shall be equal to the Bouquet Rate as set out in the Annexure Annexure- A multiplied by the Monthly Average Subscriber Level availing the Bouquet. 6.2.2. 8.2.2 If the Operator does not offer Bouquet as a whole to its Subscribers but offers only certain Subscribed Channel(s) from the Bouquet or Packages the Subscribed Channel(s) from the Bouquet in a manner resulting in different Monthly Average Subscriber Level for different Subscribed Channel(s), then the payment by the Operator to the Broadcaster for the Bouquet, shall be calculated on the basis of Monthly Average Subscriber Level for the Subscribed Channel which has highest Monthly Average Subscriber Level amongst the Subscribed Channel(s) of the Bouquet. 6.2.3. 8.3 The A-xx-xxxxx Rate and the Bouquet Rate of the Channels shall be subject to amendment or revision by the Broadcaster during the Term in accordance with any change in Applicable Law(s) and such revised rates shall apply from the date such amendment/revision is notified by such authority without any further intimation or action by either party and/or the pricing policy of the Broadcaster from time to time. Upon such amendment or revision, the Operator agrees to pay the revised Monthly Subscription Fee with immediate effect without raising any dispute. It is further agreed that in case the Operator has paid any fees in advance, the differential amount of the Monthly Subscription Fee, from the effective day of such amendment or revision will be paid by the Operator on a pro-rata basis within a period of 7 (seven) days from the receipt of the notice or invoice of revised subscription fee from the Broadcaster. 6.2.4. 8.4 It is hereby agreed that in the event the Operator avails the incentive(s), on A-la care Rate or Bouquet Rate, as per the Incentive Schemes, then the Monthly Subscription Fee shall be subject to the Incentive(sincentive(s) and computed in the manner set out in the Incentive Schemes. 6.2.5. 8.5 Any discounts or similar offerings made by the Operator to the Subscribers in respect of the Subscribed Channel(s) shall be at the sole cost and expense of the Operator. 6.2.6. 8.6 The Broadcaster reserves the right to revise the A-la carte Rates or Bouquet Rates in relation to Tariffs of the high-high definition channel(s), if (HD) Channel(s),if launched by the Broadcaster during the Term.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

CALCULATION OF MONTHLY SUBSCRIPTION FEE. 6.17.1. In case the Operator avails one or more or all Channel(s) of the Broadcaster on A-la carte and/or Bouquet basis, the Monthly Subscription Fees for any Month shall be sum of the following, less applicable discount pursuant to the Incentive Scheme, if any availed by the Operator: 6.1.17.1.1. If The Monthly Subscription Fee payable by the Operator is providing to the Broadcaster towards subscription of Subscribed Channel(s) on an A-la carte basis to its Subscribersbasis, the Monthly Subscription Fee payable to the Broadcaster for such A-xx-xxxxx Subscribed Channel(s) shall be equal to calculated as the A-xx-xxxxx Rate as set out in the Annexure A for such Subscribed Channel(s) multiplied by the Monthly Average Subscriber Level availing Base of the Subscribed Channel(s) on A-xx-xxxxx basis.basis during the said Month, as reflected in the corresponding Report for that Month; and 6.1.27.1.2. If The Monthly Subscription Fee payable by the Operator does not offer such opted A-xx-xxxxx to the Broadcaster in respect of subscription of Subscribed Channel(s) as on an A-xx-xxxxx to its Subscribers but offers la carte basis or as a Bouquet, as part of the Operator bouquet of channels, calculated as the A-xx-xxxxx Channel(s) Rate and/or Bouquet Rate, as may be applicable, multiplied by the Average Subscriber Base of the Operator bouquet, as reflected in Packages, then the corresponding Report for that Month; and 7.1.3. The Monthly Subscription Fee payable to the Broadcaster for each of the A-xx-xxxxx Subscribed Channel(s) shall be calculated on the basis of Monthly Average Subscriber Level of the Package in which such opted A-xx-xxxxx Channel has been placed. 6.2. In case the Operator avails the Bouquet of the Broadcaster: 6.2.1. If the Operator is providing the Bouquet as a whole to its Subscribers, the Monthly Subscription Fee for Bouquet shall be equal to the Bouquet Rate as set out in the Annexure A multiplied by the Monthly Average Subscriber Level availing the Bouquet. 6.2.2. If the Operator does not offer Bouquet as a whole to its Subscribers but offers only certain Subscribed Channel(s) from the Bouquet or Packages the Subscribed Channel(s) from the Bouquet in a manner resulting in different Monthly Average Subscriber Level for different Subscribed Channel(s), then the payment by the Operator to the Broadcaster for the subscription to a Bouquet, shall be calculated on the basis of Monthly Average Subscriber Level for the Subscribed Channel which has highest Monthly Average Subscriber Level amongst the Subscribed Channel(s) of the Bouquet. 6.2.3. The A-xx-xxxxx Rate and as the Bouquet Rate multiplied by the Average Subscriber Base of the Channels shall be subject to amendment or revision by the Broadcaster Bouquet during the Term said Month, as reflected in accordance with any change in Applicable Law(s) and such revised rates shall apply from the date such amendment/revision is notified by such authority without any further intimation or action by either party and/or the pricing policy of the Broadcaster from time to time. Upon such amendment or revision, the Operator agrees to pay the revised Monthly Subscription Fee with immediate effect without raising any disputecorresponding Report for that Month. 7.2. It is further agreed that in case the Operator has paid any fees in advance, the differential amount of the Monthly Subscription Fee, from the effective day of such amendment or revision will be paid by the Operator on a pro-rata basis within a period of 7 (seven) days from the receipt of the notice or invoice of revised subscription fee from the Broadcaster. 6.2.4. It is hereby agreed that in the event the Operator avails the incentive(s), discount on A-la care carte Rate or and/or Bouquet Rate, as per Rate under the Incentive Schemes, then the Monthly Subscription Fee shall be subject to the Incentive(sdiscount(s) and computed in the manner set out in the Incentive SchemesScheme availed, if any. 6.2.57.3. Any discounts or similar offerings made by the Operator to the Subscribers in respect of the Subscribed Channel(s) shall be at the sole cost and expense of the Operator. 6.2.67.4. The Broadcaster reserves the right to discontinue any Channel(s) and revise the Bouquet during the Term. In the event any Subscribed Channel(s) is/are discontinued by the Broadcaster, the Operator agrees to the following terms: 7.4.1. the Service in relation to the discontinued Subscribed Channel(s) shall be deemed terminated from its discontinuation date under Applicable Laws (“Discontinuation Date”). 7.4.2. If the discontinued Subscribed Channel(s) was/were offered by the Operator on an A-la carte Rates or Bouquet Rates basis, the Operator shall not be liable to pay the Monthly Subscription Fees in relation connection with such discontinued Subscribed Channel(s) after the Discontinuation Date. The Monthly Subscription Fee shall be payable pro-rated for the applicable Month till the Discontinuation Date. 7.4.3. If the discontinued Subscribed Channel(s) forms part of a Bouquet, the Operator shall reduce the Monthly Subscription Fees proportionate to the high-definition channel(sdiscounted Al a carte Rate of such discontinued Channel(s) in the Bouquet, from the date of such discontinuation. (For better understanding of computation of Subscription Fee refer Annexure ‘I’), if launched by the Broadcaster during the Term.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

CALCULATION OF MONTHLY SUBSCRIPTION FEE. 6.1. In case the Operator avails one or more or all Channel(s) of the Broadcaster on A-la carte basis: 6.1.1. If the Operator is providing the Subscribed Channel(s) on A-la carte basis to its Subscribers, the Monthly Subscription Fee payable to the Broadcaster for such A-xx-xxxxx Subscribed Channel(s) shall be equal to the A-xx-xxxxx Rate as set out in the Annexure A multiplied by the number of Monthly Average Subscriber Level availing the Subscribed Channel(s) on A-xx-xxxxx basis. 6.1.2. If the Operator does not offer such opted A-xx-xxxxx Subscribed Channel(s) as A-xx-xxxxx to its Subscribers but offers the A-xx-xxxxx Channel(s) in Packages, then the Monthly Subscription Fee payable to the Broadcaster for each of the A-xx-xxxxx Subscribed Channel(s) shall be calculated on the basis of Monthly Average Subscriber Level of the Package in which such opted A-xx-xxxxx Channel has been placed. 6.2. In case the Operator avails the Bouquet of the Broadcaster: 6.2.1. If the Operator is providing the Bouquet as a whole to its Subscribers, the Monthly Subscription Fee for Bouquet shall be equal to the Bouquet Rate as set out in the Annexure Annexure- A multiplied by the Monthly Average Subscriber Level availing the Bouquet. 6.2.2. If the Operator does not offer Bouquet as a whole to its Subscribers but offers only certain Subscribed Channel(s) from the Bouquet or Packages the Subscribed Channel(s) from the Bouquet in a manner resulting in different Monthly Average Subscriber Level for different Subscribed Channel(s), then the payment by the Operator to the Broadcaster for the Bouquet, shall be calculated on the basis of Monthly Average Subscriber Level for the Subscribed Channel which has highest Monthly Average Subscriber Level amongst the Subscribed Channel(s) of the Bouquet. 6.2.3. The A-xx-xxxxx Rate and the Bouquet Rate of the Channels shall be subject to amendment or revision by the Broadcaster during the Term in accordance with any change in Applicable Law(s) and such revised rates shall apply from the date such amendment/revision is notified by such authority without any further intimation or action by either party and/or the pricing policy of the Broadcaster from time to time. Upon such amendment or revision, the Operator agrees to pay the revised Monthly Subscription Fee with immediate effect without raising any dispute. It is further agreed that in case the Operator has paid any fees in advance, the differential amount of the Monthly Subscription Fee, from the effective day of such amendment or revision will be paid by the Operator on a pro-rata basis within a period of 7 (seven) days from the receipt of the notice or invoice of revised subscription fee from the Broadcaster. 6.2.4. It is hereby agreed that in the event the Operator avails the incentive(s), on A-la care Rate or Bouquet Rate, as per the Incentive Schemes, then the Monthly Subscription Fee shall be subject to the Incentive(sincentive(s) and computed in the manner set out in the Incentive Schemes. 6.2.5. Any discounts or similar offerings made by the Operator to the Subscribers in respect of the Subscribed Channel(s) shall be at the sole cost and expense of the Operator. 6.2.6. The Broadcaster reserves the right to revise the A-la carte Rates or Bouquet Rates in relation to the high-definition channel(s), if launched by the Broadcaster during the Term.

Appears in 2 contracts

Samples: Subscription Agreement, Subscription Agreement

CALCULATION OF MONTHLY SUBSCRIPTION FEE. 6.1. In case the Operator avails one or more or all Channel(s) of the Broadcaster on an A-la carte and/or Bouquet basis, the Monthly Subscription Fees for any Month shall be calculated in the manner as set out in Annexure C 1. 6.2. Broadcaster share of MRP is the amount that accrues to and is earned by the Broadcaster as consideration for the Broadcaster’s grant of license to the Operator. For removal of doubts, it is expressly clarified and agreed that the Monthly Subscription Fee shall exclude the Distribution Margin. 6.3. Distribution Margin shall be calculated as 20% of the MRP of A-la Carte and/or Bouquet as the case may be. The Distribution Margin is the income that accrues to, belongs to by overriding title, and that which has been earned by the Operator from its Subscribers, on its own account, and in the course of its own business as an Operator in making available these Channels. 6.4. The Broadcaster reserves the right to discontinue any Channel(s) and revise the Bouquet during the Term. In the event any Subscribed Channel(s) is/are discontinued by the Broadcaster, the Operator agrees to the following terms: 6.4.1. the Service in relation to the discontinued Subscribed Channel(s) shall be deemed terminated from its discontinuation date under Applicable Laws (“Discontinuation Date”). 6.4.2. If the discontinued Subscribed Channel(s) was/were offered by the Operator on an A-la carte basis: 6.1.1. If , the Operator is providing shall not be liable to pay the Monthly Subscription Fees in connection with such discontinued Subscribed Channel(s) on A-la carte basis to its Subscribers, after the Monthly Subscription Fee payable to the Broadcaster for such A-xx-xxxxx Subscribed Channel(s) shall be equal to the A-xx-xxxxx Rate as set out in the Annexure A multiplied by the Monthly Average Subscriber Level availing the Subscribed Channel(s) on A-xx-xxxxx basis. 6.1.2. If the Operator does not offer such opted A-xx-xxxxx Subscribed Channel(s) as A-xx-xxxxx to its Subscribers but offers the A-xx-xxxxx Channel(s) in Packages, then the Monthly Subscription Fee payable to the Broadcaster for each of the A-xx-xxxxx Subscribed Channel(s) shall be calculated on the basis of Monthly Average Subscriber Level of the Package in which such opted A-xx-xxxxx Channel has been placed. 6.2. In case the Operator avails the Bouquet of the Broadcaster: 6.2.1. If the Operator is providing the Bouquet as a whole to its Subscribers, the Monthly Subscription Fee for Bouquet shall be equal to the Bouquet Rate as set out in the Annexure A multiplied by the Monthly Average Subscriber Level availing the Bouquet. 6.2.2. If the Operator does not offer Bouquet as a whole to its Subscribers but offers only certain Subscribed Channel(s) from the Bouquet or Packages the Subscribed Channel(s) from the Bouquet in a manner resulting in different Monthly Average Subscriber Level for different Subscribed Channel(s), then the payment by the Operator to the Broadcaster for the Bouquet, shall be calculated on the basis of Monthly Average Subscriber Level for the Subscribed Channel which has highest Monthly Average Subscriber Level amongst the Subscribed Channel(s) of the Bouquet. 6.2.3Discontinuation Date. The A-xx-xxxxx Rate and the Bouquet Rate of the Channels shall be subject to amendment or revision by the Broadcaster during the Term in accordance with any change in Applicable Law(s) and such revised rates shall apply from the date such amendment/revision is notified by such authority without any further intimation or action by either party and/or the pricing policy of the Broadcaster from time to time. Upon such amendment or revision, the Operator agrees to pay the revised Monthly Subscription Fee with immediate effect without raising any dispute. It is further agreed that in case the Operator has paid any fees in advance, the differential amount of the Monthly Subscription Fee, from the effective day of such amendment or revision will be paid by the Operator on a pro-rata basis within a period of 7 (seven) days from the receipt of the notice or invoice of revised subscription fee from the Broadcaster. 6.2.4. It is hereby agreed that in the event the Operator avails the incentive(s), on A-la care Rate or Bouquet Rate, as per the Incentive Schemes, then the Monthly Subscription Fee shall be subject payable pro-rated for the applicable Month till the Discontinuation Date. 6.4.3. If the discontinued Subscribed Channel(s) forms part of a Bouquet, the Operator shall reduce the Monthly Subscription Fees proportionate to the Incentive(sdiscounted A-la carte Rate of such discontinued Channel(s) and computed in the manner set out in Bouquet, from the Incentive Schemesdate of such discontinuation. 6.2.56.5. Any discounts or similar offerings made by the Operator to the Subscribers in respect of the Subscribed Channel(s) shall be at the sole cost and expense of the Operator. 6.2.6. The Broadcaster reserves the right to revise the A-la carte Rates or Bouquet Rates in relation to the high-definition channel(s), if launched by the Broadcaster during the Term.

Appears in 1 contract

Samples: Subscription Agreement

CALCULATION OF MONTHLY SUBSCRIPTION FEE. 6.17.1. In case the Operator avails one or more or all Channel(s) of the Broadcaster on A-la carte and/or Bouquet basis, the Monthly Subscription Fees for any Month shall be sum of the following, less applicable discount pursuant to the Incentive Scheme, if any availed by the Operator: 6.1.17.1.1. If The Monthly Subscription Fee payable by the Operator is providing to the Broadcaster towards subscription of Subscribed Channel(s) on an A-la carte basis to its Subscribersbasis, the Monthly Subscription Fee payable to the Broadcaster for such A-xx-xxxxx Subscribed Channel(s) shall be equal to calculated as the A-xx-xxxxx Rate as set out in the Annexure A for such Subscribed Channel(s) multiplied by the Monthly Average Subscriber Level availing Base of the Subscribed Channel(s) on A-xx-xxxxx basis.basis during the said Month, as reflected in the corresponding Report for that Month; and 6.1.27.1.2. If The Monthly Subscription Fee payable by the Operator does not offer such opted A-xx-xxxxx to the Broadcaster in respect of subscription of Subscribed Channel(s) as on an A-xx-xxxxx to its Subscribers but offers la carte basis or as a Bouquet, as part of the Operator bouquet of channels, calculated as the A-xx-xxxxx Channel(s) Rate and/or Bouquet Rate, as may be applicable, multiplied by the Average Subscriber Base of the Operator bouquet, as reflected in Packages, then the corresponding Report for that Month; and 7.1.3. The Monthly Subscription Fee payable to the Broadcaster for each of the A-xx-xxxxx Subscribed Channel(s) shall be calculated on the basis of Monthly Average Subscriber Level of the Package in which such opted A-xx-xxxxx Channel has been placed. 6.2. In case the Operator avails the Bouquet of the Broadcaster: 6.2.1. If the Operator is providing the Bouquet as a whole to its Subscribers, the Monthly Subscription Fee for Bouquet shall be equal to the Bouquet Rate as set out in the Annexure A multiplied by the Monthly Average Subscriber Level availing the Bouquet. 6.2.2. If the Operator does not offer Bouquet as a whole to its Subscribers but offers only certain Subscribed Channel(s) from the Bouquet or Packages the Subscribed Channel(s) from the Bouquet in a manner resulting in different Monthly Average Subscriber Level for different Subscribed Channel(s), then the payment by the Operator to the Broadcaster for the subscription to a Bouquet, shall be calculated on the basis of Monthly Average Subscriber Level for the Subscribed Channel which has highest Monthly Average Subscriber Level amongst the Subscribed Channel(s) of the Bouquet. 6.2.3. The A-xx-xxxxx Rate and as the Bouquet Rate multiplied by the Average Subscriber Base of the Channels shall be subject to amendment or revision by the Broadcaster Bouquet during the Term said Month, as reflected in accordance with any change in Applicable Law(s) and such revised rates shall apply from the date such amendment/revision is notified by such authority without any further intimation or action by either party and/or the pricing policy of the Broadcaster from time to time. Upon such amendment or revision, the Operator agrees to pay the revised Monthly Subscription Fee with immediate effect without raising any disputecorresponding Report for that Month. 7.2. It is further agreed that in case the Operator has paid any fees in advance, the differential amount of the Monthly Subscription Fee, from the effective day of such amendment or revision will be paid by the Operator on a pro-rata basis within a period of 7 (seven) days from the receipt of the notice or invoice of revised subscription fee from the Broadcaster. 6.2.4. It is hereby agreed that in the event the Operator avails the incentive(s), discount on A-la care carte Rate or and/or Bouquet Rate, as per Rate under the Incentive Schemes, then the Monthly Subscription Fee shall be subject to the Incentive(sdiscount(s) and computed in the manner set out in the Incentive SchemesScheme availed, if any. 6.2.57.3. Any discounts or similar offerings made by the Operator to the Subscribers in respect of the Subscribed Channel(s) shall be at the sole cost and expense of the Operator. 6.2.67.4. The Broadcaster reserves the right to discontinue any Channel(s) and revise the Bouquet during the Term. In the event any Subscribed Channel(s) is/are discontinued by the Broadcaster, the Operator agrees to the following terms: 7.4.1. the Service in relation to the discontinued Subscribed Channel(s) shall be deemed terminated from its discontinuation date under Applicable Laws (“Discontinuation Date”). 7.4.2. If the discontinued Subscribed Channel(s) was/were offered by the Operator on an A-la carte Rates or Bouquet Rates basis, the Operator shall not be liable to pay the Monthly Subscription Fees in relation connection with such discontinued Subscribed Channel(s) after the Discontinuation Date. The Monthly Subscription Fee shall be payable pro-rated for the applicable Month till the Discontinuation Date. 7.4.3. If the discontinued Subscribed Channel(s) forms part of a Bouquet, the Operator shall reduce the Monthly Subscription Fees proportionate to the high-definition channel(s)discounted Al a carte Rate of such discontinued Channel(s) in the Bouquet, if launched by from the Broadcaster during date of such discontinuation. A Bouquet comprises of 4 (four) Channels. The Al a carte Rate of the Term.Channels are as follows: Channel A: INR 10 Channel B: INR 11 Channel C: INR 12 Channel D: INR 13 Bouquet Rate is: INR 46 (being sum of a la carte rates of the four channels) less 15% discount = INR 39.1 If Channel D is discontinued on the last day of a Month, then the Bouquet Rate for the subsequent Months will be reduced by: 13 less 15% = INR 11.05 Therefore amount payable for the Bouquet per Month post discontinuation of Channel D = INR 39.1 less INR 11.05 = INR 28.05

Appears in 1 contract

Samples: Subscription Agreement

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CALCULATION OF MONTHLY SUBSCRIPTION FEE. 6.17.1. In case the Operator avails one or more or all Channel(s) of the Broadcaster on an A-la carte and/or Bouquet basis, the Monthly Subscription Fees for any Month shall be sum of the following, less applicable discount pursuant to the Incentive Scheme, if any availed by the Operator: 7.1.1. The Monthly Subscription Fee payable by the Operator to the Broadcaster towards subscription of Subscribed Channel(s) on an A-la carte basis: 6.1.1. If , calculated as the Operator is providing A-la carte Rate for such Subscribed Channel(s) multiplied by the Average Subscriber Base of the Subscribed Channel(s) on A-la carte basis to its Subscribersduring the said Month, as reflected in the corresponding Report for that Month; and 7.1.2. The Monthly Subscription Fee payable by the Operator to the Broadcaster for such A-xx-xxxxx Subscribed Channel(s) shall be equal to the A-xx-xxxxx Rate as set out in the Annexure A multiplied by the Monthly Average Subscriber Level availing the respect of subscription of Subscribed Channel(s) on an A-xx-xxxxx basis. 6.1.2. If la carte basis or as a Bouquet, as part of the Operator does not offer such opted A-xx-xxxxx Subscribed Channel(s) bouquet of channels, calculated as A-xx-xxxxx to its Subscribers but offers the A-xx-xxxxx Channel(s) la carte Rate and/or Bouquet Rate, as may be applicable, multiplied by the Average Subscriber Base of the Operator bouquet, as reflected in Packages, then the corresponding Report for that Month; and 7.1.3. The Monthly Subscription Fee payable to the Broadcaster for each of the A-xx-xxxxx Subscribed Channel(s) shall be calculated on the basis of Monthly Average Subscriber Level of the Package in which such opted A-xx-xxxxx Channel has been placed. 6.2. In case the Operator avails the Bouquet of the Broadcaster: 6.2.1. If the Operator is providing the Bouquet as a whole to its Subscribers, the Monthly Subscription Fee for Bouquet shall be equal to the Bouquet Rate as set out in the Annexure A multiplied by the Monthly Average Subscriber Level availing the Bouquet. 6.2.2. If the Operator does not offer Bouquet as a whole to its Subscribers but offers only certain Subscribed Channel(s) from the Bouquet or Packages the Subscribed Channel(s) from the Bouquet in a manner resulting in different Monthly Average Subscriber Level for different Subscribed Channel(s), then the payment by the Operator to the Broadcaster for the subscription to a Bouquet, shall be calculated on the basis of Monthly Average Subscriber Level for the Subscribed Channel which has highest Monthly Average Subscriber Level amongst the Subscribed Channel(s) of the Bouquet. 6.2.3. The A-xx-xxxxx Rate and as the Bouquet Rate multiplied by the Average Subscriber Base of the Channels shall be subject to amendment or revision by the Broadcaster Bouquet during the Term said Month, as reflected in accordance with any change in Applicable Law(s) and such revised rates shall apply from the date such amendment/revision is notified by such authority without any further intimation or action by either party and/or the pricing policy of the Broadcaster from time to time. Upon such amendment or revision, the Operator agrees to pay the revised Monthly Subscription Fee with immediate effect without raising any disputecorresponding Report for that Month. 7.2. It is further agreed that in case the Operator has paid any fees in advance, the differential amount of the Monthly Subscription Fee, from the effective day of such amendment or revision will be paid by the Operator on a pro-rata basis within a period of 7 (seven) days from the receipt of the notice or invoice of revised subscription fee from the Broadcaster. 6.2.4. It is hereby agreed that in the event the Operator avails the incentive(s), discount on A-la care carte Rate or and/or Bouquet Rate, as per Rate under the Incentive Schemes, then the Monthly Subscription Fee shall be subject to the Incentive(sdiscount(s) and computed in the manner set out in the Incentive SchemesScheme availed, if any. 6.2.57.3. Any discounts or similar offerings made by the Operator to the Subscribers in respect of the Subscribed Channel(s) shall be at the sole cost and expense of the Operator. 6.2.67.4. The Broadcaster reserves the right to discontinue any Channel(s) and revise the Bouquet during the Term. In the event any Subscribed Channel(s) is/are discontinued by the Broadcaster, the Operator agrees to the following terms: 7.4.1. the Service in relation to the discontinued Subscribed Channel(s) shall be deemed terminated from its discontinuation date under Applicable Laws (“Discontinuation Date”). 7.4.2. If the discontinued Subscribed Channel(s) was/were offered by the Operator on an A-la carte Rates or Bouquet Rates basis, the Operator shall not be liable to pay the Monthly Subscription Fees in relation connection with such discontinued Subscribed Channel(s) after the Discontinuation Date. The Monthly Subscription Fee shall be payable pro-rated for the applicable Month till the Discontinuation Date. 7.4.3. If the discontinued Subscribed Channel(s) forms part of a Bouquet, the Operator shall reduce the Monthly Subscription Fees proportionate to the highdiscounted A-definition channel(s)la carte Rate of such discontinued Channel(s) in the Bouquet, if launched by from the Broadcaster during the Termdate of such discontinuation.

Appears in 1 contract

Samples: Subscription Agreement

CALCULATION OF MONTHLY SUBSCRIPTION FEE. 6.1. In case the Operator avails one or more or all Channel(s(i) of the Broadcaster on A-la carte basis: 6.1.1. If the Operator is providing the Subscribed Channel(s) on A-la carte basis to its Subscribers, the Monthly Subscription Fee payable to the Broadcaster for such A-xx-xxxxx Subscribed Channel(s) shall be equal to the A-xx-xxxxx Rate as set out in the Annexure A multiplied by the Monthly Average Subscriber Level availing the Subscribed Channel(s) on A-xx-xxxxx basis. 6.1.2. If the Operator does not offer such opted A-xx-xxxxx Subscribed Channel(s) as A-xx-xxxxx to its Subscribers but offers the A-xx-xxxxx Channel(s) in Packages, then the Monthly Subscription Fee payable to the Broadcaster for each of the A-xx-xxxxx Subscribed Channel(s) shall be calculated on the basis of Monthly Average Subscriber Level of the Package in which such opted A-xx-xxxxx Channel has been placed. 6.2. In case the Operator avails the Bouquet of the BroadcasterXXXXX SATCOM LTD: 6.2.1. (a) If the Operator is providing the Bouquet as a whole to its Subscribers, the Monthly Subscription Fee for such Bouquet shall be equal to the Bouquet Rate rate as set out in the Annexure A multiplied by the Monthly Average Subscriber Level number of monthly average number of subscribers availing the Bouquet. 6.2.2. If (b) if the Operator does not offer Bouquet such opted bouquet as a whole to its Subscribers subscriber but offers only certain Subscribed Channel(s) from channels comprised in such bouquet or packages the Bouquet or Packages the Subscribed Channel(s) from the Bouquet channels comprised in such opted bouquet in a manner resulting in different Monthly Average Subscriber Level subscriber base for different Subscribed Channel(s)channels comprised in such opted bouquet, then the payment to XXXXX SATCOM LTD for such entire opted bouquet by the Operator to the Broadcaster for the BouquetOperator, shall be calculated on the basis of Monthly Average Subscriber Level subscriber base for the Subscribed Channel channel which has highest Monthly Average Subscriber Level subscriber base amongst the Subscribed Channel(s) of channels comprised in the Bouquetbouquet. 6.2.3. The A(ii) In case the Operator avails one or more or all channels of XXXXX SATCOM LTD on a-xx-xxxxx Rate and rate basis: (a) If the Bouquet Rate of Operator is providing the Channels shall be subject channels on a-xx-xxxxx basis to amendment or revision by the Broadcaster during the Term in accordance with any change in Applicable Law(s) and such revised rates shall apply from the date such amendment/revision is notified by such authority without any further intimation or action by either party and/or the pricing policy of the Broadcaster from time to time. Upon such amendment or revisionits subscribers, the Operator agrees to pay the revised Monthly Subscription Fee with immediate effect without raising any dispute. It is further agreed that for such a-lacarte channels shall be equal to the a-xx-xxxxx rate as set out in the Annexure –I multiplied by the number of monthly average number of subscribers availing the channels on a-xx-xxxxx basis. (b) If the Operator does not offer such opted a-xx-xxxxx channel(s) as a-xx-xxxxx to its subscriber but offers the a-xx-xxxxx channel (s) in packages, then the payment to XXXXX SATCOM LTD for each of the a-xx-xxxxx channels shall be calculated on the basis of subscriber base of the package in which such opted a-xx-xxxxx channel has been placed. (iii) In case the Operator has paid any fees in advanceavails one or more channels on a-xx-xxxxx rate basis and also opts for the Bouquet not comprising of channels opted on a-xx-xxxxx basis of XXXXX SATCOM LTD: (a) For bouquet, the differential amount of the Monthly Subscription Fee, from the effective day of such amendment or revision will be paid by the Operator on a pro-rata basis within a period of 7 (seven) days from the receipt of the notice or invoice of revised monthly subscription fee from shall be calculated on the Broadcasterbasis of Clause 6(i) above. 6.2.4(b) For a-xx-xxxxx channels, the monthly subscription fee shall be calculated on the basis of Clause 6(ii) above. It is hereby agreed that in the event the Operator avails the incentive(s), on A-la care Rate or Bouquet Rate, as per the Incentive Schemes, then Payment of the Monthly Subscription Fee shall be subject to deduction of any withholding tax/ TDS in accordance with the Incentive(s) and computed in the manner set out in the Incentive Schemes. 6.2.5. Any discounts or similar offerings made by the Operator to the Subscribers in respect provisions of the Subscribed Channel(s) shall be at the sole cost and expense of the OperatorIndian Income Tax Act, 1961, as amended from time to time. 6.2.6. The Broadcaster reserves the right to revise the A-la carte Rates or Bouquet Rates in relation to the high-definition channel(s), if launched by the Broadcaster during the Term.

Appears in 1 contract

Samples: Subscription Agreement

CALCULATION OF MONTHLY SUBSCRIPTION FEE. 6.17.1. In case the Operator avails one or more or all Channel(s) of the Broadcaster on A-la carte carteand/or Bouquet basis, the Monthly Subscription Fees for any Month shall be sum of the following, less applicable discount pursuant to the Incentive Scheme, if any availed by the Operator: 6.1.17.1.1. If The Monthly Subscription Fee payable by the Operator is providing to the Broadcaster towards subscriptionof Subscribed Channel(s) on an A-la carte basis to its Subscribersbasis, the Monthly Subscription Fee payable to the Broadcaster for such A-xx-xxxxx Subscribed Channel(s) shall be equal to calculated as the A-xx-xxxxx Rate as set out in the Annexure A for such Subscribed Channel(s) multiplied by the Monthly Average Subscriber Level availing Base of the Subscribed Channel(s) on A-xx-xxxxx basis.basis during the said Month, as reflected in the corresponding Report for that Month; and 6.1.27.1.2. If The Monthly Subscription Fee payable by the Operator does not offer such opted A-xx-xxxxx to the Broadcaster in respect of subscription of Subscribed Channel(s) as on an A-xx-xxxxx to its Subscribers but offers la carte basis or as a Bouquet, as part of the Operator bouquet of channels, calculated as the A-xx-xxxxx Channel(s) in PackagesRate and/or Bouquet Rate, then as may be applicable, multiplied by the Average Subscriber Base of the Operator bouquet, as reflectedin the corresponding Report for that Month; and The Monthly Subscription Fee payable to the Broadcaster for each of the A-xx-xxxxx Subscribed Channel(s) shall be calculated on the basis of Monthly Average Subscriber Level of the Package in which such opted A-xx-xxxxx Channel has been placed. 6.2. In case the Operator avails the Bouquet of the Broadcaster: 6.2.1. If the Operator is providing the Bouquet as a whole to its Subscribers, the Monthly Subscription Fee for Bouquet shall be equal to the Bouquet Rate as set out in the Annexure A multiplied by the Monthly Average Subscriber Level availing the Bouquet. 6.2.2. If the Operator does not offer Bouquet as a whole to its Subscribers but offers only certain Subscribed Channel(s) from the Bouquet or Packages the Subscribed Channel(s) from the Bouquet in a manner resulting in different Monthly Average Subscriber Level for different Subscribed Channel(s), then the payment by the Operator to the Broadcaster for the subscription to a Bouquet, shall be calculated on the basis of Monthly Average Subscriber Level for the Subscribed Channel which has highest Monthly Average Subscriber Level amongst the Subscribed Channel(s) of the Bouquet. 6.2.3. The A-xx-xxxxx Rate and as the Bouquet Rate multiplied by the Average Subscriber Base of the Channels shall be subject to amendment or revision by the Broadcaster Bouquet during the Term said Month, as reflected in accordance with any change in Applicable Law(s) and such revised rates shall apply from the date such amendment/revision is notified by such authority without any further intimation or action by either party and/or the pricing policy of the Broadcaster from time to time. Upon such amendment or revision, the Operator agrees to pay the revised Monthly Subscription Fee with immediate effect without raising any disputecorresponding Report for that Month. 7.2. It is further agreed that in case the Operator has paid any fees in advance, the differential amount of the Monthly Subscription Fee, from the effective day of such amendment or revision will be paid by the Operator on a pro-rata basis within a period of 7 (seven) days from the receipt of the notice or invoice of revised subscription fee from the Broadcaster. 6.2.4. It is hereby agreed that in the event the Operator avails the incentive(s), discount on A-la care carte Rate or and/or Bouquet Rate, as per Rate under the Incentive Schemes, then the Monthly Subscription Fee shall be subject to the Incentive(sdiscount(s) and computed in the manner set out in the Incentive SchemesScheme availed, if any. 6.2.57.3. Any discounts or similar offerings made by the Operator to the Subscribers in respect of the Subscribed Channel(s) shall be at the sole cost and expense of the Operator. 6.2.67.4. The Broadcaster reserves the right to discontinue any Channel(s) and revise the Bouquet duringthe Term. In the event any Subscribed Channel(s) is/are discontinued by the Broadcaster, the Operator agrees to the following terms: 7.4.1. the Service in relation to the discontinued Subscribed Channel(s) shall be deemed terminated from its discontinuation date under Applicable Laws (“Discontinuation Date”). 7.4.2. If the discontinued Subscribed Channel(s) was/were offered by the Operator on an A-la carte Rates or Bouquet Rates basis, the Operator shall not be liable to pay the Monthly Subscription Fees in relation connection with such discontinued Subscribed Channel(s) after the Discontinuation Date. The Monthly Subscription Fee shall be payable pro-rated for the applicable Month till the Discontinuation Date. 7.4.3. If the discontinued Subscribed Channel(s) forms part of a Bouquet, the Operator shall reducethe Monthly Subscription Fees proportionate to the high-definition channel(sdiscounted Al a carte Rate of such discontinued Channel(s) in the Bouquet, from the date of such discontinuation. (For betterunderstanding of computation of Subscription Fee refer Annexure ‘I’), if launched by the Broadcaster during the Term.

Appears in 1 contract

Samples: Subscription Agreement

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