Common use of Network Marks Clause in Contracts

Network Marks. Network hereby licenses to EchoStar, and EchoStar shall have the right to use, Network Marks (as defined below) to promote the Service and the Distribution System. Additionally, EchoStar shall have the right to provide Network Marks to its third party retail distribution network as well as third parties who are selling the Service by or through EchoStar (including by way of example but not limitation, Sub-distributors and co-branding partners). EchoStar acknowledges that the name and xxxx "Current. .. ." and any other of Network's names, trade names, service marks, trademarks and/or logos (including, without limitation, the names, titles or logos of certain programs that appear in the Service and any subsequently selected names or marks for the Service) (collectively, the "Network Marks") are the exclusive property of Network and its suppliers and that EchoStar has not and will not acquire any proprietary rights in the Network Marks other than as set forth in this Agreement. Except as provided in this Agreement, EchoStar shall at no time adopt or use, without Network's prior written consent, any variation of the Network Marks, or any work or xxxx likely to be similar to or confused with a Network Xxxx. Any and all goodwill arising from EchoStar's use of the Network Marks shall inure solely to the benefit of Network. EchoStar shall submit to Network for approval any of EchoStar's promotional materials mentioning or using the Network Marks (other than materials provided by Network to EchoStar, if any) which approval shall not be unreasonably withheld, conditioned or delayed. If Network fails to disapprove such promotional materials within five (5) business days of delivery by EchoStar, then Network shall be deemed to have approved the submitted materials. Uses of the Network Marks in routine promotional materials such as program guides, program listings and xxxx stuffers, or in a manner previously approved by Network, shall be deemed approved for all subsequent uses unless Network specifically notifies EchoStar to the contrary.

Network Marks. Network hereby licenses to EchoStarDISH, and EchoStar DISH shall have the right to use, Network Marks (as defined below) to promote the Service and the Distribution System. Additionally, EchoStar DISH shall have the right to provide Network Marks to its third party retail distribution network as well as third parties who are selling the Service by or through EchoStar DISH (including by way of example but not limitation, Sub-distributors Subdistributors and co-branding partners). EchoStar DISH acknowledges that the name and xxxx "Current. .. ." mxxx “The Real Hip Hop Network” and any other of Network's ’s names, trade names, service marks, trademarks and/or logos (including, without limitation, the names, titles or logos of certain programs and likenesses of persons) that appear in the Service and any subsequently selected names or marks for the Service) are protectable by applicable law (collectively, the "“Network Marks"”) are the exclusive property of Network and its suppliers and that EchoStar DISH has not and will not acquire any proprietary rights in the Network Marks other than as set forth in this Agreement. Except as provided in this Agreement, EchoStar DISH shall at no time adopt or use, without Network's ’s prior written consent, any variation of the Network Marks, or any work or xxxx mxxx likely to be similar to or confused with a Network XxxxMxxx. Any and all goodwill arising from EchoStarDISH's use of the Network Marks shall inure solely to the benefit of Network. EchoStar DISH shall submit to Network for approval any of EchoStarDISH's promotional materials mentioning or using the Network Marks (other than materials provided by Network to EchoStarDISH, if any) which approval shall not be unreasonably withheld, conditioned or delayed. If Network fails to disapprove such promotional materials within five (5) business days of delivery by EchoStarDISH, then Network shall be deemed to have approved the submitted materials. Uses of the Network Marks in routine promotional materials such as program guides, program listings and xxxx bxxx stuffers, or in a manner previously approved by Network, shall be deemed approved for all subsequent uses unless Network specifically notifies EchoStar DISH to the contrary.