Gross Receipts Calculated At Source. No Distributor Affiliates, subdistributors or agents may deduct any fee or cost from Gross Receipts in calculating all amounts due Licensor. For the purpose of determining Licensor’s share of Gross Receipts, all Gross Receipts must be calculated at "source". This means that Gross Receipts derived from the exploitation of any of the following Licensed Rights must be calculated at the following levels: (i) for any Theatrical Licensed Right, at the level at which payments are remitted by theaters; (ii) for any NonTheatrical or Ancillary Licensed Right, at the level at which payments are remitted by airlines, shipping companies, hotels or other entities that exhibit or make the Picture available directly to their patrons or customers; (iii) for any Home Video Licensed Right, at Wholesale Level or Direct Consumer Level as applicable; (iv) for any Commercial Video or Public Video Licensed Right, at the level at which payments are remitted by local exhibitors of the Picture; and (v) for any Television Licensed Right, at the level at which payments are remitted by terrestrial stations, cable systems, satellite telecasters, telephone systems or like entities that broadcast, cablecast, transmit or otherwise make available the Picture.
Gross Receipts Calculated At Source. No Licensee affiliates, sub-distributors or agents may deduct any fee or cost from Gross Receipts in calculating all amounts due to Licensor. For the purpose of determining Licensor’s share of Gross Receipts, all Gross Receipts must be calculated at "source". This means that Gross Receipts derived from the exploitation of any of the following Rights licensed must be calculated at the following levels: (i) for Home Video Rental, Home Video Sellthru, TVOD, SVOD, NVOD or EST Rights, at Wholesale Level or Direct Consumer Level as applicable; (ii) for Commercial Video or Public Video Rights, at the level at which payments are remitted by local exhibitors of the Program(s). Home Video Rental shall mean exploitation of a Videogram embodying the Program(s) that is rented to the viewer only for non-public viewing of the embodied Program(s) in a linear form within a private living place where no admission fee is charged for such viewing. Home Video SellThru shall mean exploitation of a Videogram embodying the Program(s) that is sold to the viewer only for non-public viewing of the embodied program(s) in a linear form within a private living place where no admission fee is charged for such viewing. Hotel means exploitation of the Program(s) only for direct exhibition in temporary or permanent living places, such as hotels, motels, apartment complexes, co-operatives or condominium projects, by means of closed-circuit television systems where the telecast originates within or in the immediate vicinity of such living places. Internet Simulcast shall mean the right to exploit the linear version (with no interactivity and possibility for the viewers to modify the content of the Program(s)) on a simulcast basis by means of the Internet being the global collection of interconnected computer networks utilizing TCP/IP protocols and/or related protocols including the worldwide web in such manner as to permit the viewing of the complete Program(s) (in the form delivered) for the purpose of a private viewing of the Program(s) on a computer screen, by connection on a http web-site, at a time designated by the broadcaster for each viewing. Internet Simulcast shall include the right to exploit the linear version of the Program(s) by means of any telecommunications service employing wireless technology to transmit to and be received by a consumer portable terminal. For the avoidance of doubt Internet Simulcast shall be geoblocked and exclude any form of distribution of the Program(s...
Gross Receipts Calculated At Source. No Distributor Affiliates or any subdistributors or agents may deduct any fee from Gross Receipts in calculating all amounts due Licensor. For the purpose of determining Licensor's share of Gross Receipts, all Gross Receipts must be calculated at "source". This means that Gross Receipts derived from the exploitation of any the following Licensed Rights must be calculated at the following levels: (i) for any Theatrical Licensed Right, at the level at which payments are remitted by theaters; (ii) for any NonTheatrical or Ancillary Licensed Right, at the level at which payments are remitted by airlines, shipping companies, hotels or other entities that exhibit or make the Picture available directly to their patrons or customers; (iii) for any Home Video Licensed Right, at Wholesale Level or Direct Consumer Level as applicable; (iv) for any Commercial Video or Public Video Licensed Right at the level at which payments are remitted by local exhibitors of the Picture; and (vi) for any Television Licensed Right, at the level at which payments are remitted by terrestrial stations, cable systems, satellite telecasters or telephone systems that broadcast, cablecast or transmit the Picture. 6 <PAGE> 7.3 Wholesale Level: The Wholesale Level means the level of Videogram distribution from which Videograms are shipped directly to retailers for ultimate sale or rental to the paying public. The Wholesale Level may include intermediate distribution levels between the manufacturer and the retailer, such as rack jobbers and the like, if such distribution is performed by a Distributor Affiliate, or if Distributor participates in the profits from such intermediate distribution, but then only to the extent of such participation. 7.4 Direct Consumer Level: The Direct Consumer Level means the level of Videogram distribution at which Videograms are sold or rented directly to the paying public. The "Direct Consumer Level" includes the sale or rental of Videograms by means of retail outlets, mail order, video clubs, and similar methods. Where Commercial Video or Public Video rights are licensed, the Direct Consumer Level also includes the authorized public performance, exhibition, or diffusion of Videograms in accordance with the such Licensed Right. Distributor will not be deemed to be engaged in distribution at the Direct Consumer Level unless such distribution is performed by a Distributor Affiliate, or unless Distributor participates in the profits from such distribution, and the...
