Common use of Sprint Alliance Carrier Clause in Contracts

Sprint Alliance Carrier. Sprint may inform any Sprint Alliance Carrier of the pricing set forth in Section 4.3 [Fees] and a description of the Services and Deliverables provided that such Sprint Alliance Carriers are required to maintain the confidentiality of such pricing. Service Provider shall offer to such Sprint Alliance Carriers substantially the same Services and Deliverables as set forth in this Fourteenth Amendment (e.g., same vending solution, same search partner, same handsets, integration with Sprint/MobiTV Confidential Version Final 08/24/07 Page 39 of 60 Groove, no additional features/functionality beyond those then in service for Sprint retail PowerVision Data Plan Users at the applicable time, content lineup consistent with or a subset of the Sprint Content Lineup as defined above, but provided that such entity may request different branding) for the per User Fees set forth herein, plus any incremental fees (“Foreign Fees”) required by Service Provider in connection with providing services and licensing software outside of the United States (such Foreign Fees to be passed through at Service Provider’s cost). If there are integration point differences that would require development effort, the Service Provider shall charge an upfront fee determined by Service Provider for such effort. For purposes of clarification, if Service Provider has already integrated with the same vending solution, search partner, Groove Mobile or any other integration point on behalf of Sprint, a Sprint Affiliate, Sprint Resale Partner or other Sprint Alliance Carrier, and the integration is substantially similar as mutually agreed by the parties, then the upfront fee may be a reduced fee. Alternatively, Service Provider and such Sprint Alliance Carrier may discuss the possibility of a mutually agreeable fee for licensing the Software Products only. In the event that any Sprint Alliance Carrier decides to acquire the Services and Deliverables, Service Provider and such Sprint Alliance Carrier shall enter into an agreement directly.

Sprint Alliance Carrier. Sprint Confidential Information - Restricted Sprint may inform any Sprint Alliance Carrier of the pricing set forth in Section 4.3 [Fees] and a description of the Services and Deliverables provided that such Sprint Alliance Carriers are required to maintain the confidentiality of such pricing. Service Provider shall will offer to such Sprint Alliance Carriers substantially the same Services and Deliverables as set forth in this Fourteenth Amendment (e.g., same vending solution, same search partner, same handsets, integration with Sprint/MobiTV Confidential Version Final 08/24/07 Page 39 of 60 Groove, no additional features/functionality beyond those then in service for Sprint retail PowerVision Data Plan Users at the applicable time, content lineup consistent with or a subset of the Sprint Content Lineup as defined above, but provided that such entity may request different branding) for the per User Fees fees set forth herein, plus any incremental fees (“Foreign Fees”) required by Service Provider in connection with providing services and licensing software outside of the United States (such Foreign Fees to be passed through at Service Provider’s cost). If there are integration point differences that would require development effort, the Service Provider shall will charge an upfront fee determined by Service Provider for such effort. For purposes of clarification, if Service Provider has already integrated with the same vending solution, search partner, Groove Mobile or any other integration point on behalf of Sprint, a Sprint Affiliate, Sprint Resale Partner or other Sprint Alliance Carrier, and the integration is substantially similar as mutually agreed by the parties, then the upfront fee may be a reduced fee. Alternatively, Service Provider and such Sprint Alliance Carrier may discuss the possibility of a mutually agreeable fee for licensing the Software Products only. In the event that any Sprint Alliance Carrier decides to acquire the Services and Deliverables, Service Provider and such Sprint Alliance Carrier shall will enter into an agreement directly.