Placements During CBS Television Network Broadcasts. During the first two (2) Contract Years and without limiting the generality of subparagraph 8.1 above, at least semi-annually, CBS shall, in consultation with SportsLine USA Inc., develop a schedule for the placement of advertising and promotion of the CBS SportsLine Site and/or the URL for the CBS SportsLine Site (an "ad placement") occurring in connection with a CBS Sports broadcast of a sports events over the CBS Television Network during the term of this Agreement (a "CBS Sports Event Broadcast") or any other ad placement. Notwithstanding the foregoing, CBS shall not have to make any ad placements if the exigencies of time or, despite CBS's reasonable efforts, current or future contractual obligations, prevent or restrict CBS from doing so. SportsLine USA Inc. acknowledges that CBS is contractually prohibited from making any ad placements within the CBS Sports Event Broadcast of the Masters Golf Tournament. CBS agrees that a minimum of seventy percent (70%) of the value of all advertisement and promotion to be paid for by SportsLine USA Inc. during each Contract Year shall be placed during, within and/or adjacent to CBS Sports Event Broadcasts. Commencing with the third Contract Year the advertisement and promotion to be provided to SportsLine USA Inc. shall be placed in accordance with Exhibit M, attached hereto and made a part hereof, as said Exhibit may be revised from time to time as mutually agreed by the parties. The parties acknowledge that CBS's broadcast rights may change during the Term. Accordingly, if during the Term CBS acquires additional free over-the-air broadcast rights in the United States for additional sports events (whether as an extension or expansion of broadcast rights for sports events held by CBS as of the date hereof, or broadcast rights for sports events to which it has no such rights today), then CBS shall provide advertising and promotion to SportsLine USA Inc., at no additional cost to SportsLine USA Inc., during all such sports events for which CBS hereafter acquires broadcast rights, in a manner consistent with the promotional efforts set forth in Exhibit M as of the date hereof. In this regard CBS and SportsLine USA Inc. will mutually adjust Exhibit M to accommodate such additional sports events so that the aggregate number of advertising and promotional placements set forth in Exhibit M will remain constant. For purposes of illustration (i) the advertising and promotion to be provided by CBS for any golf, tennis, auto racing, skating and similarly formatted sports events shall be of similar type and amount as those specified on Exhibit M as of the date hereof for golf events, and (ii) the advertising and promotion to be provided by CBS for any football, basketball, baseball and similarly formatted sports events shall be of similar type and amount as those specified on Exhibit M as of the date hereof for NFL and NCAA football and NCAA basketball events.
Appears in 2 contracts
Samples: Amendment to Agreement (CBS Corp), Agreement (Sportsline Usa Inc)
Placements During CBS Television Network Broadcasts. During the first two (2) Contract Years and without Without limiting the generality of subparagraph 8.1 above, at least semi-annually, CBS shall, in consultation with SportsLine USA Inc., develop a schedule for the placement of advertising and promotion of the CBS SportsLine Site and/or the URL for the CBS SportsLine Site (an "ad placement") occurring in connection with a CBS Sports broadcast of a sports events over the CBS Television Network during the term of this Agreement (a "CBS Sports Event Broadcast") or any other ad placement. Notwithstanding the foregoing, CBS shall not have to make any ad placements if the exigencies of time or, despite CBS's reasonable efforts, current or future contractual obligations, prevent or restrict CBS from doing so. SportsLine USA Inc. acknowledges that CBS is contractually prohibited from making any ad placements within the CBS Sports Event Broadcast of the Masters Golf Tournament. CBS agrees that a minimum of seventy percent (70%) of the value of all advertisement and promotion to be paid for by SportsLine USA Inc. during each Contract Year shall be placed during, within and/or adjacent to CBS Sports Event Broadcasts. Commencing with CBS will deliver to SportsLine USA, Inc., within thirty (30) days after the third end of each Contract Year a statement, certified by an officer of CBS, summarizing the advertisement and promotion to be provided to value of the ad placements that CBS made for the CBS SportsLine USA Inc. shall be placed in accordance with Exhibit MSite during such Contract Year (herein called a "Report"). Each Report will include for each ad placement the time delivered, attached hereto and made a part hereof, as said Exhibit may be revised from time to time as mutually agreed by the parties. The parties acknowledge that CBS's broadcast rights may change during the Term. Accordingly, if during the Term CBS acquires additional free over-the-air broadcast rights in the United States for additional sports events (whether as an extension or expansion of broadcast rights for sports events held average paid unit price received by CBS as and the total value of the date hereof, or broadcast rights for sports events to which it has no such rights today), then CBS shall provide advertising and promotion to SportsLine USA Inc., at no additional cost to SportsLine USA Inc., during all such sports events for which CBS hereafter acquires broadcast rights, in a manner consistent with the promotional efforts set forth in Exhibit M as of the date hereof. In this regard CBS and SportsLine USA Inc. will mutually adjust Exhibit M to accommodate such additional sports events so that the aggregate number of advertising and promotional ad placements set forth in Exhibit M will remain constant. For purposes of illustration (i) the advertising and promotion to be provided received by CBS SportsLine Site for any golf, tennis, auto racing, skating and similarly formatted sports events shall be of similar type and amount as those specified on Exhibit M as of the date hereof for golf events, and (ii) the advertising and promotion to be provided by CBS for any football, basketball, baseball and similarly formatted sports events shall be of similar type and amount as those specified on Exhibit M as of the date hereof for NFL and NCAA football and NCAA basketball eventsContract Year.
Appears in 2 contracts
Samples: Branding and Content Agreement (CBS Corp), Branding and Content Agreement (Sportsline Usa Inc)