Common use of Programs Made for Max Clause in Contracts

Programs Made for Max. Programs made for initial exhibition on Max shall be considered programs made for a subscription consumer pay new media platform (“SVOD”). The number of subscribers to Max for purposes of the Sideletter on Literary Material Written for Programs Made for New Media shall include those who subscribe to Max directly, as well as those who access Max by authenticating their Pay Television Service and logging in to the Max platform.1 “Subscribers to the Pay Television Service who are not offered access to Max through their third-party video distributor, and who do not subscribe directly to Max, will not be included as a Max subscriber. Likewise, Pay Television subscribers who are given the opportunity to access Xxx at no additional charge, but who do not actually authenticate their Pay Television Service 1 Should access to Max be offered at no additional charge with the sale of a product or another subscription or service fee, only those individuals who log in to the Max platform will be counted as a Max subscriber. Further, individuals who access Xxx on a promotional basis at no additional charge for no more than thirty (30) days will not be counted as Max subscribers. subscription or otherwise ‘opt in' to access the Max platform, shall not be included as Max subscribers. The parties agree that HBO Max shall be considered to be a service with over five million (5,000,000) but fewer than twenty million (20,000,000) domestic subscribers during the period from May 2, 2020 to June 30, 2021. During the second and third years of the Agreement, the parties shall determine the subscriber tier effective July 1, 2021 and July 1, 2022, respectively, in accordance with the provisions of this Sideletter. “The parties recognize that Max is a new and emerging platform, and that its business model is subject to change. Therefore, the provisions of this Sideletter shall expire on the termination date of the 2023 2020 MBA and will be of no force and effect thereafter; however, this Sideletter shall continue to apply to programs, the principal photography of which commenced on or before the termination date of this Sideletter, or which were subject to a license agreement entered into on or before the termination date of this Sideletter. No later than sixty (60) days before the termination date of the 2023 2020 MBA, the parties will meet to negotiate any changes to this Sideletter. “The parties agree that programs made for HBO Max under a predecessor MBA to the 2023 2020 MBA are programs made for a subscription video on demand service (and not programs made for pay television) and agree to withdraw and waive any current or future claim contending otherwise. “Please indicate your concurrence with the foregoing by signing in the space for your signature set forth below. “Sincerely, “By: /s/ Xxxxx X. Xxxxxxxxxx Xxxxx X. Xxxxxxxxxx President, AMPTP “ACCEPTED AND AGREED: “WRITERS GUILD OF AMERICA, WEST, INC. on behalf of itself and its affiliate, WRITERS GUILD OF AMERICA, EAST, INC. “By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxxxxx Xxxxx X. Xxxxx Xxxxx X. Xxxxxxxx Assistant Executive Director, WGAW Chief Negotiator” Make conforming changes as needed.

Programs Made for Max. Programs made for initial exhibition on Max shall be considered classified as programs made for a subscription consumer pay new media platform (“'SVOD”'). The number of subscribers to Max for purposes of Sideletter No. 21 to the Codified Basic Agreement and Sideletter on Literary Material Written for H to the Television Agreement re: Programs Made for New Media shall include those who subscribe to Max directly, as well as those who access Max by authenticating their Pay Television Service and logging in to the Max platform.1 “Subscribers to the Pay Television Service who are not offered access to Max through their third-party video distributor, and who do not subscribe directly to Max, will not be included as a Max subscriber. Likewise, Pay Television subscribers who are given the opportunity to access Xxx Max at no additional charge, but who do not actually authenticate their Pay Television Service 1 Should access to Max be offered at no additional charge with the sale of a product or another subscription or service fee, only those individuals who log in to the Max platform will be counted as a Max subscriber. Further, individuals who access Xxx on a promotional basis at no additional charge for no more than thirty (30) days will not be counted as Max subscribers. subscription or otherwise ‘'opt in' to access the Max platform, shall not be included as Max subscribers. The parties agree that HBO Max shall be considered to be a service with over five million (5,000,000) but fewer than twenty million (20,000,000) domestic subscribers during the period from May 2, 2020 to June 30, 2021. During the second and third years of the Agreement, the parties shall determine the subscriber tier effective July 1, 2021 and July 1, 2022, respectively, in accordance with the provisions of this Sideletter. “"The parties recognize that Max is a new and emerging platform, and that its business model is subject to change. Therefore, the provisions of this Sideletter Agreement shall expire on the termination date of the 2023 2020 MBA SAG-AFTRA Agreements and will be of no force and effect thereafter; however, this Sideletter Agreement shall continue to apply to programs, the principal photography of which commenced on or before the termination date of this SideletterAgreement, or which were subject to a license agreement entered into on or before the termination date of this SideletterAgreement. No later than sixty (60) days before the termination date of the 2023 2020 MBASAG-AFTRA Agreements, the parties will meet to negotiate any changes to this Sideletter. “The parties agree that programs made for HBO Max under a predecessor MBA to the 2023 2020 MBA are programs made for a subscription video on demand service (and not programs made for pay television) and agree to withdraw and waive any current or future claim contending otherwise. “Please indicate your concurrence with the foregoing by signing in the space for your signature set forth below. “Sincerely, “By: /s/ Xxxxx X. Xxxxxxxxxx Xxxxx X. Xxxxxxxxxx President, AMPTP “ACCEPTED AND AGREED: “WRITERS GUILD OF AMERICA, WEST, INC. on behalf of itself and its affiliate, WRITERS GUILD OF AMERICA, EAST, INC. “By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxxxxx Xxxxx X. Xxxxx Xxxxx X. Xxxxxxxx Assistant Executive Director, WGAW Chief NegotiatorAgreement.” Make conforming changes as neededchanges.

Programs Made for Max. Programs made for initial exhibition on Max shall be considered classified as programs made for a subscription consumer pay new media platform (“'SVOD”'). The number of subscribers to Max for purposes of Sideletter No. 21 to the Codified Basic Agreement and Sideletter on Literary Material Written for H to the Television Agreement re: Programs Made for New Media shall include those who subscribe to Max directly, as well as those who access Max by authenticating their Pay Television Service and logging in to the Max platform.1 “Subscribers to the Pay Television Service who are not offered access to Max through their third-party video distributor, and who do not subscribe directly to Max, will not be included as a Max subscriber. Likewise, Pay Television subscribers who are given the opportunity to access Xxx at no additional charge, but who do not actually authenticate their Pay Television Service 1 Should access to Max be offered at no additional charge with the sale of a product or another subscription or service fee, only those individuals who log in to the Max platform will be counted as a Max subscriber. Further, individuals who access Xxx on a promotional basis at no additional charge for no more than thirty (30) days will not be counted as Max subscribers. subscription or otherwise ‘'opt in' to access the Max platform, shall not be included as Max subscribers. The parties agree that HBO Max shall be considered to be a service with over five million (5,000,000) but fewer than twenty million (20,000,000) domestic subscribers during the period from May 2, 2020 to June 30, 2021. During the second and third years of the Agreement, the parties shall determine the subscriber tier effective July 1, 2021 and July 1, 2022, respectively, in accordance with the provisions of this Sideletter. “"The parties recognize that Max is a new and emerging platform, and that its business model is subject to change. Therefore, the provisions of this Sideletter Agreement shall expire on the termination date of the 2023 2020 MBA SAG-AFTRA Agreements and will be of no force and effect thereafter; however, this Sideletter Agreement shall continue to apply to programs, the principal photography of which commenced on or before the termination date of this SideletterAgreement, or which were subject to a license agreement entered into on or before the termination date of this SideletterAgreement. No later than sixty (60) days before the termination date of the 2023 2020 MBASAG-AFTRA Agreements, the parties will meet to negotiate any changes to this Sideletter. “The parties agree that programs made for HBO Max under a predecessor MBA to the 2023 2020 MBA are programs made for a subscription video on demand service (and not programs made for pay television) and agree to withdraw and waive any current or future claim contending otherwise. “Please indicate your concurrence with the foregoing by signing in the space for your signature set forth below. “Sincerely, “By: /s/ Xxxxx X. Xxxxxxxxxx Xxxxx X. Xxxxxxxxxx President, AMPTP “ACCEPTED AND AGREED: “WRITERS GUILD OF AMERICA, WEST, INC. on behalf of itself and its affiliate, WRITERS GUILD OF AMERICA, EAST, INC. “By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxxxxx Xxxxx X. Xxxxx Xxxxx X. Xxxxxxxx Assistant Executive Director, WGAW Chief NegotiatorAgreement.” Make conforming changes as neededchanges.

Programs Made for Max. Programs made for initial exhibition on Max shall be considered classified as programs made for a subscription consumer pay new media platform (“'SVOD”'). The number of subscribers to Max for purposes of Sideletter No. 21 to the Codified Basic Agreement and Sideletter on Literary Material Written for H to the Television Agreement re: Programs Made for New Media shall include those who subscribe to Max directly, as well as those who access Max by authenticating their Pay Television Service and logging in to the Max platform.1 “Subscribers to the Pay Television Service who are not offered access to Max through their third-party video distributor, and who do not subscribe directly to Max, will not be included as a Max subscriber. Likewise, Pay Television subscribers who are given the opportunity to access Xxx at no additional charge, but who do not actually authenticate their Pay Television Service 1 subscription or otherwise 'opt in' to access the Max platform, shall not be included as Max subscribers. DRAFT ONLY "The parties recognize that Max is a new and emerging platform, and that its business model is subject to change. Therefore, the provisions of this Agreement shall expire on the termination date of the 2023 SAG-AFTRA Agreements and will be of no force and effect thereafter; however, this Agreement shall continue to apply to programs, the principal photography of which commenced on or before the termination date of this Agreement, or which were subject to a license agreement entered into on or before the termination date of this Agreement. No later than sixty (60) days before the termination date of the 2023 SAG-AFTRA Agreements, the parties will meet to negotiate any changes to this Agreement.” NOT FINAL FN1 Should access to Max be offered at no additional charge with the sale of a product or another subscription or service fee, only those individuals who log in to the Max platform will be counted as a Max subscriber. Further, individuals who access Xxx on a promotional basis at no additional charge for no more than thirty (30) days will not be counted as Max subscribers. subscription or otherwise ‘opt in' to access the Max platform, shall not be included as Max subscribers. The parties agree that HBO Max shall be considered to be a service with over five million (5,000,000) but fewer than twenty million (20,000,000) domestic subscribers during the period from May 2, 2020 to June 30, 2021. During the second and third years of the Agreement, the parties shall determine the subscriber tier effective July 1, 2021 and July 1, 2022, respectively, in accordance with the provisions of this Sideletter. “The parties recognize that Max is a new and emerging platform, and that its business model is subject to change. Therefore, the provisions of this Sideletter shall expire on the termination date of the 2023 2020 MBA and will be of no force and effect thereafter; however, this Sideletter shall continue to apply to programs, the principal photography of which commenced on or before the termination date of this Sideletter, or which were subject to a license agreement entered into on or before the termination date of this Sideletter. No later than sixty (60) days before the termination date of the 2023 2020 MBA, the parties will meet to negotiate any changes to this Sideletter. “The parties agree that programs made for HBO Max under a predecessor MBA to the 2023 2020 MBA are programs made for a subscription video on demand service (and not programs made for pay television) and agree to withdraw and waive any current or future claim contending otherwise. “Please indicate your concurrence with the foregoing by signing in the space for your signature set forth below. “Sincerely, “By: /s/ Xxxxx X. Xxxxxxxxxx Xxxxx X. Xxxxxxxxxx President, AMPTP “ACCEPTED AND AGREED: “WRITERS GUILD OF AMERICA, WEST, INC. on behalf of itself and its affiliate, WRITERS GUILD OF AMERICA, EAST, INC. “By: /s/ Xxxxx X. Xxxxx Xxxxx X. Xxxxxxxx Xxxxx X. Xxxxx Xxxxx X. Xxxxxxxx Assistant Executive Director, WGAW Chief Negotiator” Make conforming changes as needed.