Common use of Promotional Restrictions Clause in Contracts

Promotional Restrictions. Licensee shall not be permitted in any event to offer or conduct promotional campaigns for the VOD Included Programs offering free buys, including without limitation “two-for-one” promotions (by coupons, rebate or otherwise) without Licensor’s prior written consent. Licensee shall not charge any club fees, access fees, monthly service fees or similar fees (but not referring to any equipment purchase or rental fee; provided that such fee or any portion thereof is not creditable against any customer per transaction fees) for general access to the VOD Service (whether direct or indirect), or offer the VOD Included Programs on a subscription or negative option basis (i.e., a fee arrangement whereby a consumer is charged alone, or in any combination, a service charge, a separate video on demand charge or other charge but is entitled to a reduction or series of reductions thereto on a program by program basis if such consumer affirmatively elects not to receive or have available for reception such program) without Licensor’s prior written consent.

Appears in 5 contracts

Samples: License Agreement, License Agreement, Dhe License Agreement

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Promotional Restrictions. Licensee shall not be permitted in any event to offer or conduct promotional campaigns for the VOD DHE Included Programs offering free buys, including without limitation “two-for-one” promotions (by coupons, rebate or otherwise) without Licensor’s prior written consent. Licensee shall not charge any club fees, access fees, monthly service fees or similar fees (but not referring to any equipment purchase or rental fee; provided that such fee or any portion thereof is not creditable against any customer per transaction fees) for general access to the VOD DHE Service (whether direct or indirect), or offer the VOD DHE Included Programs on a subscription or negative option basis (i.e., a fee arrangement whereby a consumer is charged alone, or in any combination, a service charge, a separate video on demand DHE charge or other charge but is entitled to a reduction or series of reductions thereto on a program by program basis if such consumer affirmatively elects not to receive or have available for reception such program) without Licensor’s prior written consent.

Appears in 2 contracts

Samples: License Agreement, Dhe License Agreement

Promotional Restrictions. Licensee shall not be permitted in any event to offer or conduct promotional campaigns for the VOD Included Programs offering free buys, including including, without limitation limitation, “two-for-one” promotions (by coupons, rebate or otherwise) without Licensor’s prior written consent. Licensee shall not charge any club fees, access fees, monthly service fees or similar fees (but not referring to any equipment purchase or rental fee; provided that such fee or any portion thereof is not creditable against any customer per transaction fees) for general access to the VOD Licensed Service (whether direct or indirect), or offer the VOD Included Programs on a subscription or negative option basis (i.e., a fee arrangement whereby a consumer is charged alone, or in any combination, a service charge, a separate video on demand charge or other charge but is entitled to a reduction or series of reductions thereto on a program by program basis if such consumer affirmatively elects not to receive or have available for reception such program) without Licensor’s prior written consent.

Appears in 2 contracts

Samples: Uv and Non Uv Dhe License Agreement, Uv and Non Uv Dhe License Agreement

Promotional Restrictions. Licensee shall not be permitted in any event to offer or conduct promotional campaigns for the VOD Included Programs offering free buys, including without limitation “two-for-one” promotions (by coupons, rebate or otherwise) without Licensor’s prior written consent, except as provided in Section 2.4 below with respect to SCENE Points. Licensee shall not charge any club fees, access fees, monthly service fees or similar fees (but not referring to any equipment purchase or rental fee; provided that such fee or any portion thereof is not creditable against any customer per transaction fees) for general access to the VOD Service (whether direct or indirect), or offer the VOD Included Programs on a subscription or negative option basis (i.e., a fee arrangement whereby a consumer is charged alone, or in any combination, a service charge, a separate video on demand charge or other charge but is entitled to a reduction or series of reductions thereto on a program by program basis if such consumer affirmatively elects not to receive or have available for reception such program) without Licensor’s prior written consent.consent.‌

Appears in 1 contract

Samples: Dhe License Agreement

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Promotional Restrictions. Licensee shall not be permitted in any event to offer or conduct promotional campaigns for the VOD DHE Included Programs offering free buys, including without limitation “two-for-one” promotions (by coupons, rebate or otherwise) without Licensor’s prior written consentconsent except as provided in Section 3.3 below with respect to SCENE Points. Licensee shall not charge any club fees, access fees, monthly service fees or similar fees (but not referring to any equipment purchase or rental fee; provided that such fee or any portion thereof is not creditable against any customer per transaction fees) for general access to the VOD DHE Service (whether direct or indirect), or offer the VOD DHE Included Programs on a subscription or negative option basis (i.e., a fee arrangement whereby a consumer is charged alone, or in any combination, a service charge, a separate video on demand DHE charge or other charge but is entitled to a a‌ reduction or series of reductions thereto on a program by program basis if such consumer affirmatively elects not to receive or have available for reception such program) without Licensor’s prior written consent.

Appears in 1 contract

Samples: Dhe License Agreement

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