PLACEMENT, MARKETING AND PROMOTION. 12.1 Licensee shall have the right to use or authorize the use of written summaries, extracts, synopses, photographs, trailers or other materials prepared and provided or made available by Licensor or, if not prepared by Licensor, approved in writing in advance by Licensor (“Advertising Materials”) and, subject to Section 5.5 of Schedule A, Promotional Previews, solely for the purpose of advertising, promoting and publicizing the exhibition of the Included Programs on the Licensed Service in the Territory and the right to advertise, publicize and promote, or authorize the advertising, publicity and promotion of the exhibition of any Included Program on the Licensed Service in the Territory during the time periods specified, with respect to VOD Included Programs on the VOD Service, in Article 7 of the VOD General Terms and, with respect to DHE Included Programs on the DHE Service, Article 10 of the DHE General Terms.
12.2 Licensee shall not promote any Included Program after it is withdrawn from distribution hereunder by Licensor.
12.3 An Included Program will not be packaged or bundled specifically for distribution with other programs, products or services without Licensor’s prior written consent.
12.4 Licensee covenants and warrants that (i) it shall fully comply with any and all instructions furnished in writing to Licensee with respect to the Advertising Materials used by Licensee in connection with this Article 12 (including size, prominence and position of Advertising Materials); (ii) it shall not modify, edit or make any changes to the Advertising Materials without Licensor’s prior written consent; (iii) names and likenesses of the characters, persons and other entities appearing in or connected with the production of Included Programs (“Names and Likenesses”) shall not be used separate and apart from the Advertising Materials; and (iv) Advertising Materials, Names and Likenesses, Licensor’s name or logo, and Included Programs shall not be used so as to constitute an endorsement or testimonial, express or implied, of any party, product or service, including, without limitation, the Licensed Service, Licensee, or any program service or other service provided by Licensee; nor shall the same be used as part of a commercial tie-in. Any advertising or promotional material created by Licensee, any promotional contests or giveaways to be conducted by Licensee and any sponsorship of any Included Program (as distinguished from the standard practice of selling...
PLACEMENT, MARKETING AND PROMOTION. Without limiting any other provision hereof, Licensee shall market and promote the Included Programs in accordance with this Section 12.
PLACEMENT, MARKETING AND PROMOTION. Without limiting any other provision hereof, Licensee shall market and promote the Included Programs in accordance with this Section 12 and the “Marketing, Placement and Promotion Guidelines for Included Programs” set forth in Schedule F hereto and incorporated herein by reference. Licensee shall have the right to use or authorize the use of written summaries, extracts, synopses, photographs, trailers or other materials prepared and provided or made available by Licensor or, if not prepared by Licensor, approved in writing in advance by Licensor (“Advertising Materials”), solely for the purpose of advertising, promoting and publicizing the exhibition of the Included Programs on the Licensed Service in the Territory, and the right to advertise, publicize and promote, or authorize the advertising, publicity and promotion of the exhibition of any Included Program on the Licensed Service in the Territory during the time periods specified herein. If an Included Program has an Availability Date that is less than forty-five (45) days after its Home Video Retail Street Date or Home Video Sales Street Date, Licensor may establish a date prior to which no marketing or promotion may occur for any title (“Announce Date”), in which case Licensee may not “pre-promote” such title prior to such Announce Date, to include, without limitation: (a) solicit any pre-orders; (b) advertise referencing price or release date; or (c) use any title-related images or artwork. Violation of this provision shall constitute a material breach of the Agreement. If no Announce Date is specified by Licensor, Licensee shall have the right to promote on the Licensed Service and otherwise to the general public the upcoming availability of each Included Program during the period starting no more than thirty (30) days before its Availability Date unless otherwise directed by Licensor (and in no event may Licensee promote any title prior to receiving an Availability Notice for such title) and to continue promoting such availability through the last day of its License Period. If no Announce Date is specified by Licensor, Licensee may promote the upcoming exhibition of an Included Program on the Licensed Service in printed materials distributed directly and solely to Customers not earlier than forty-five (45) days prior to the Availability Date of such Included Program unless otherwise directed by Xxxxxxxx (and in no event may Licensee promote any title prior to receiving an Availability Notice for s...
