Internet and New Media Marketing Restrictions. From and after the Amendment Date,
Internet and New Media Marketing Restrictions. From and after the Effective Date, (a) STE shall not, and shall contractually bind its Open Internet Service licensees not to, refer to any STE Pay Television Service or STE SOD Service delivered on an XXX basis as being any form of “free,” in any marketing, advertising, promotion or other public communication except as a part of a Promotion, (b) STE shall not, and shall use commercially reasonable efforts to contractually bind its licensees not to, refer to any STE Pay Television Service or STE SOD Service delivered via the Internet as being offered “at no additional cost” and the like, and (c) STE shall not, and shall use commercially reasonable efforts to contractually bind its licensees not to, refer to any STE Pay Television Service or STE SOD Service delivered via the Internet or by or on behalf of cable, satellite and/or IPTV Companies over the Internet on a so-called “TV Everywhere” basis as being offered “at no additional cost” and the like without also including a message that TV Everywhere access to the STE Pay Television Service or STE SOD Service is available “at no additional cost with your Starz subscription”. For clarity, messages where consumers are being encouraged to subscribe to an STE Service in order to get something else for free are permissible. The occasional and inadvertent failure of an STE affiliate to comply with the terms and conditions of this subsection 2(c)(iv) shall not constitute a breach by STE hereunder, provided that STE acts in good faith to remedy any such failure promptly upon learning of such failure.upon learning of such failure, STE promptly commences (but in no event more than seventy-two (72)] hours after learning of such failure) to act in good faith to remedy any such failure and takes all reasonable action necessary to remedy such failure as soon as practicable and in no event later than the end of the contractual cure period provided the breaching party STE affiliate .
