Distribution and Pricing Clause Samples

Distribution and Pricing. (a) The parties agree that the provisions of Sections 6.1, 6.2, 6.4.2(a), 6.5, 6.6 and Exhibits A, A-1 A and B of the Agreement will not apply to the White Label Application. (b) The parties agree that Section 6.1.4 will not apply to the White Label Application. AT&T will have sole discretion to determine the price at which the White Label Application will be sold to End Users. The terms and conditions of Schedule 3 will apply to the White Label Application. (c) With respect to the White Label Application only, Section 6.3.2 of the Agreement is deleted in its entirety and replaced with the following: “By You. Except for the Client Download hosted by AT&T in the AppCenter or by third parties in a Mobile Marketplace, You are responsible at your sole expense for hosting all aspects of the Distributed Application.” (d) With respect to the White Label Application only, Section 6.4.2(e) is amended to add at the beginning: “Subject to Your approval of the use of Third-Party Content”. (e) Section 6.8 of the Agreement is amended by adding the following: “Notwithstanding the foregoing, AT&T will be responsible for developing the ▇▇▇▇ for the White Label Application; subject to MobiTV’s approval, not to be unreasonably withheld or delayed.” AT&T CONFIDENTIAL& PROPRIETARY 6 (f) The Parties agree that, notwithstanding Section 2 of Exhibit C, the advertising provisions of the Agreement, including the Ad Revenue Share, will apply to the White Label Application.