SUBSCRIBER REPORTS. (i) The Operator will maintain at its own expense a SMS which should be fully integrated with the CAS. (ii) The Operator shall provide to SDSPL complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package containing the Subscribed Channels within seven (7) days from the end of each month in the format provided by SDSPL from time to time. If any Subscriber has opted for more than one connection from the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network. (iii) Such reports shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL Channel and each Tier/Package in which a SDSPL Channel is included) and the Monthly License Fees payable to SDSPL and shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report is true and correct. (iv) The Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving its network, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the Operator to provide to SDSPL the Subscriber Reports shall survive termination of the Agreement until SDSPL receives the Subscriber Reports for each relevant month for which any Monthly License Fees is payable.
Appears in 3 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (ia) The Operator will shall maintain at its own expense a SMS subscriber management system (“SMS”) which should be fully integrated with the CAS.
(ii) . The Operator shall provide to SDSPL the Broadcaster complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package containing the Subscribed Channels within seven (7) days from the end of each month in such format as is set forth in Annexure C attached hereto or in such format as may be specified by the format provided by SDSPL Broadcaster from time to time. If any time along with such other information as the Broadcaster may require for determining the Monthly Average Subscriber has opted for more than one connection from Base and the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable NetworkMonthly Subscription Fees.
(iiib) Such reports Each Subscriber Reports shall be system generated only through SMS and CAS and the same should be in a pre- defined read only format such as a suitable PDF format which cannot be manually edited and shall specify all information required to calculate the Monthly Average Subscriber Level Base (including but not limited to the number of Subscribers for each SDSPL Subscribed Channel and each Tier/Package in which a SDSPL Subscribed Channel is included) and the Monthly License Subscription Fees payable to SDSPL the Broadcaster, and shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report Report is true and correct. Any difference between the SMS and CAS reports shall have to be reconciled to the satisfaction of the Broadcaster. Such provisioning of Subscriber Report shall constitute material breach of obligation on the part of the Operator.
(ivc) The Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving its networkthe Operator’s IPTV Service, the names of perpetrators involved in such incidents, and any actions, including but not limited . The Operator shall provide such information promptly to the filing of police reports Broadcaster and lawsuits, taken against co-operate with the Broadcaster to take such perpetrators since action as per the prior Subscriber ReportApplicable Law. The obligation of the Operator to provide to SDSPL the Broadcaster the Subscriber Reports shall survive termination of the this Agreement until SDSPL the Broadcaster receives the Subscriber Reports for each relevant month for which any Monthly License Subscription Fees is payable.
(d) Operator shall supply to the Broadcaster within 90 days after the end of each financial year during the Term, a statement attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer certifying as to the completeness and accuracy of all information contained in all Subscriber Reports relating to such financial year.
(e) The Operator shall maintain throughout the Term and for twelve (12) months thereafter (or such longer period as required by law) sufficient records to enable the Broadcaster to verify and ascertain (i) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (ii) the payments due to the Broadcaster hereunder, and (iii) Operator’s compliance with its anti-piracy obligations as set out in this Agreement.
Appears in 3 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (i) The Operator will maintain at its own expense a SMS which should be fully integrated with the CAS.
(ii) The Operator shall provide to SDSPL complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package containing the Subscribed Channels within seven (7) days from the end of each month in the format provided by SDSPL from time to time. If any Subscriber has opted for more than one connection from the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iii) Such reports shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL Channel and each Tier/Package in which a SDSPL Channel is included) and the Monthly License Fees payable to SDSPL and shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report is true and correct.
(iv) The Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving its network, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the Operator to provide to SDSPL the Subscriber Reports shall survive termination of the Agreement until SDSPL receives the Subscriber Reports for each relevant month for which any Monthly License Fees is payable.
Appears in 3 contracts
Samples: Subscription Agreement, Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (i) The Operator will shall maintain at its own expense a SMS subscriber management system (“SMS”) which should be fully integrated with the CAS.
(ii) . The Operator shall provide to SDSPL ETV complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package containing the Subscribed Channels within seven (7) days from the end of each month in the such format provided as is set forth in Annexure C attached hereto or in such format as may be specified by SDSPL ETV from time to time. If any time along with such other information as ETV may require for determining the Monthly Average Subscriber has opted for more than one connection from Base and the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable NetworkMonthly License Fees.
(iiiii) Such reports Subscriber Reports shall be system generated only through SMS and CAS and the same should be in a pre‐defined read only format such as a suitable PDF format which cannot be manually edited and shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to Level. The Subscriber Report shall include the number correct and updated details of Subscribers for each SDSPL Channel and each Tier/Package in which a SDSPL Channel is included) the Cable Operators served by the Operator, such Cable Operators’ down line link operators & their territory of operation, subscriber count, details of the subscribed channels & packages and the Monthly License Fees payable to SDSPL and ETV. Such Subscriber Reports shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report Report is true and correct. Any difference between the SMS and CAS reports shall have to be reconciled to the satisfaction of the ETV. Such provisioning of Subscriber Report shall constitute material obligation on the part of the Operator.
(iviii) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving its networkthe Operator’s HITS Distribution System, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the Operator to provide to SDSPL ETV the Subscriber Reports shall survive termination of the this Agreement until SDSPL ETV receives the Subscriber Reports for each relevant month for which any Monthly License Fees is payable.
(iv) The Operator shall maintain throughout the Term and for twelve (12) months thereafter (or such longer period as required by law) sufficient records to enable ETV to verify and ascertain (i) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (ii) the payments due to ETV hereunder, and (iii) Operator’s compliance with its anti‐piracy obligations as set out in this Agreement.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (i) The Operator will maintain at its own expense a SMS subscriber management system (“SMS”) which should be fully integrated with the CAS.
CAS (ii) The Conditional Access System).The Operator shall provide to SDSPL Broadcaster complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package tier and/or package containing the Subscribed Channels within seven (7) days from the end of each month in the format provided by SDSPL from time to timeprescribed format. If any Subscriber has opted for more than one connection from the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iiiii) Such reports shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL Channel Broadcaster and each Tier/Package package in which a SDSPL Broadcaster’s Channel is included) and the Monthly License Fees as may become payable to SDSPL and shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report Report is true and correct.
(iviii) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving in its network, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the Operator to provide to SDSPL Broadcaster the Subscriber Reports shall survive termination of the Agreement until SDSPL Broadcaster receives the Subscriber Reports for each relevant month for which any Monthly License Fees Fee is payable.
(iv) The Operator shall maintain throughout the Term and for twelve ( 12) months thereafter (or such longer period as required by law) sufficient records to enable Broadcaster to verify and ascertain (i) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause,
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (i) The Operator will maintain at its own expense a SMS which should be fully integrated with the CAS.
(ii) The Operator shall provide to SDSPL complete KMSPLcomplete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package containing the Subscribed Channels within seven (7) days from the end of each month in the format provided by SDSPL from KMSPLfrom time to time. If any Subscriber has opted for more than one connection from the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iii) Such reports shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL Channel KMSPLChannel and each Tier/Package in which a SDSPL Channel KMSPLChannel is included) and the Monthly License Fees payable to SDSPL and KMSPLand shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report is true and correct.
(iv) The Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving its networkitsnetwork, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the Operator oftheOperator to provide to SDSPL the KMSPLthe Subscriber Reports shall survive termination of the Agreement until SDSPL receives KMSPLreceives the Subscriber Reports for each relevant month for which any Monthly License Fees is payable.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (i) The Operator will maintain at its own expense a SMS which should be fully integrated with the CAS.
(ii) The Operator shall provide to SDSPL GDSPL complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package containing the Subscribed Channels within seven (7) days from the end of each month in the format provided by SDSPL GDSPL from time to time. If any Subscriber has opted for more than one connection from the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iii) Such reports shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL GDSPL Channel and each Tier/Package in which a SDSPL GDSPL Channel is included) and the Monthly License Fees payable to SDSPL GDSPL and shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report is true and correct.
(iv) The Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving its network, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the Operator to provide to SDSPL GDSPL the Subscriber Reports shall survive termination of the Agreement until SDSPL GDSPL receives the Subscriber Reports for each relevant month for which any Monthly License Fees is payable.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (ia) The Operator will maintain at its own expense a SMS Subscriber Management System which should be fully integrated with the CAS.CAS (Conditional Access System). capable of, at a minimum:
(i) maintaining a computerized customer database capable of recording adequate details of each Subscriber, including name, address, chosen method of payment and billing;
(ii) administering subscriptions of Subscribers by producing and distributing contracts for new Subscribers and setting up and maintaining an infrastructure whereby Subscriber contracts are collected and recorded in the SMS database for ongoing administration;
(iii) handling all ongoing administrative functions in relation to Subscribers, including, without limitation, billing and collection of subscription payments, credit control, sales enquiries and handling of complaints;
(iv) administering payments of any commission fees from time to time payable to the Operator’s authorized agents for the sale to Subscribers of programming packages;
(v) obtaining and distributing receivers and smartcards, if applicable, to Subscribers, and issue replacement smartcards from time to time in its discretion; and
(vi) Enabling new Subscribers via the SMS over-the-air addressing system and disable defaulting Subscribers from time to time in its discretion
(b) The Operator shall provide to SDSPL the Broadcaster complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package containing the Subscribed Channels within seven (7) days from the end of each month in the such format as is set forth in Annexure C attached hereto or in such format provided by SDSPL from time to timethe Broadcaster. If any Subscriber has opted for more than one connection from the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iiic) Such reports Each Subscriber Report shall be system generated only through SMS and CAS and the same should be in a pre-defined read only format such as a suitable PDF format which cannot be manually edited and shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL Channel and each Tier/Package in which a SDSPL Channel is included) and the Monthly License Fees payable to SDSPL the Broadcaster, and shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report Report is true and correct. Any difference between the SMS and CAS reports shall have to be reconciled to the satisfaction of the Broadcaster. Non-provisioning of such Subscriber Report shall constitute material breach of obligation on the part of the Operator.
(ivd) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving in its network, the names of perpetrators involved in such incidents, and any actions, including but not limited . The Operator shall provide such information promptly to the filing of police reports Broadcaster and lawsuits, taken against co- operate with the Broadcaster to take such perpetrators since the prior Subscriber Reportaction as per Applicable Law. The obligation of the Operator to provide to SDSPL the Subscriber Reports shall survive termination of the Agreement until SDSPL the Broadcaster, receives the Subscriber Reports for each relevant month for which any Monthly License Fees Fee is payable.
(e) The Operator shall maintain throughout the Term and for twelve (12) months thereafter (or such longer period as required by law) sufficient records to enable the Broadcaster, to verify and ascertain (a) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (b) the payments due to the Broadcaster hereunder, and (c) Operator’s compliance with its anti- piracy obligations as set out in this Agreement.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (i) The Operator will maintain at its own expense a SMS subscriber management system (“SMS”) which should be fully integrated with the CAS.
CAS (ii) The Conditional Access System).The Operator shall provide to SDSPL XXXXX SATCOM LTD complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package tier and/or package containing the Subscribed Channels within seven (7) days 7)days from the end of each month in the format provided by SDSPL from time to timeXXXXX SATCOM LTD. If any Subscriber has opted for more than one connection from the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iiiii) Such reports shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL XXXXX SATCOM LTD Channel and each Tier/Package package in which a SDSPL XXXXX SATCOM LTD Channel is included) and the Monthly License Subscription Fees payable to SDSPL XXXXX SATCOM LTD and shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report Report is true and correct.
(iviii) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving in its network, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the Operator to provide to SDSPL XXXXX SATCOM LTD the Subscriber Reports shall survive termination of the Agreement until SDSPL XXXXX SATCOM LTD receives the Subscriber Reports for each relevant month for which any Monthly License Fees Subscription Fee is payable.
(iv) The Operator shall maintain throughout the Term and for twelve (12) months thereafter (or such longer period as required by law) sufficient records to enable XXXXX SATCOM LTD to verify and ascertain (i) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (ii) the payments due to XXXXX SATCOM LTD hereunder, and (iii) Operator’s compliance with its anti-piracy obligations as set out in this Agreement.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (i) The Operator will maintain at its own expense a SMS which should be fully integrated with the CAS.
(ii) The Operator shall provide to SDSPL complete KMSPLcomplete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package containing the Subscribed Channels within seven (7) days from the end of each month in the format provided by SDSPL from KMSPLfrom time to time. .If any Subscriber has opted for more than one connection from the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iii) Such reports shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL Channel KMSPLChannel and each Tier/Package in which a SDSPL Channel KMSPLChannel is included) and the Monthly License Fees payable to SDSPL and KMSPLand shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report is true and correct.
(iv) The Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving its networkitsnetwork, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the ofthe Operator to provide to SDSPL the KMSPLthe Subscriber Reports shall survive termination of the Agreement until SDSPL receives KMSPLreceives the Subscriber Reports for each relevant month for which any Monthly License Fees LicenseFees is payable.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (i) The Operator will maintain at its own expense a SMS subscriber management system (“SMS”) which should be fully integrated with the CAS.
CAS (ii) Conditional Access System). The Operator shall provide to SDSPL the Broadcaster complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package containing the Subscribed Channels within seven (7) days from the end of each month in the such format as is set forth in Annexure C attached hereto or in such format provided by SDSPL from time to timeBroadcaster. If any Subscriber has opted for more than one connection from the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iiiii) Such reports Each Subscriber Report shall be system generated only through SMS and CAS and the same should be in a pre-defined read only format such as a suitable PDF format which cannot be manually edited and shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL Channel and each Tier/Package in which a SDSPL Channel is included) and the Monthly License Fees payable to SDSPL the Broadcaster and shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report Report is true and correct. Any difference between the SMS and CAS reports shall have to be reconciled to the satisfaction of the Broadcaster. Such provisioning of Subscriber Report shall constitute material obligation on the part of the Operator.
(iviii) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving in its network, the names of perpetrators involved in such incidents, and any actions, including but not limited . The Operator shall provide such information promptly to the filing of police reports Broadcaster and lawsuits, taken against co-operate with the Broadcaster to take such perpetrators since the prior Subscriber Reportaction as per Applicable Law. The obligation of the Operator to provide to SDSPL the Subscriber Reports shall survive termination of the Agreement until SDSPL the Broadcaster receives the Subscriber Reports for each relevant month for which any Monthly License Fees Fee is payable.
(iv) The Operator shall maintain throughout the Term and for twelve (12) months thereafter (or such longer period as required by law) sufficient records to enable Broadcaster to verify and ascertain (a) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (b) the payments due to Broadcaster hereunder, and (c) Operator’s compliance with its anti-piracy obligations as set out in this Agreement.
Appears in 1 contract
Samples: Subscription Agreement
SUBSCRIBER REPORTS. (ia) The Operator will Affiliate shall maintain at its own expense a SMS which should be fully integrated with the CAS.
(iib) The Operator With respect to each month of the Term, or part thereof, the Affiliate shall mandatorily provide to SDSPL the Broadcaster the duly complete and accurate opening and closing subscriber monthly reports for Subscriber Report, in such format as is set forth in Annexure E or in such format as may be provided by the Subscribed Channels and the Tier/Package containing the Subscribed Channels Broadcaster from time to time, within seven (7) days from of the end of each immediate succeeding month in the format provided by SDSPL from time to time. (“Subscriber Report Due Date”).
(c) If any Subscriber has opted for more than one connection connection/STB from the OperatorAffiliate, all such additional connections connections/STBs must feature in the Subscriber Report. Without prejudice to the foregoing, Each such Subscriber reports Reports shall provide the namesdetails that have been segregated Package wise, complete addressSubscribed Channel wise, areas served city/area wise and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iii) Such reports shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL Channel and each Tier/Package in which a SDSPL Channel is included) and the Monthly License Fees payable to SDSPL Affiliate’s affiliated local cable operator wise and shall be signed and attested by an officer of the Operator Affiliate of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report Subscriber Report is true and correct.
(ivd) The Operator In case the Affiliate has opted for any Incentive Plan(s), then at the time of submission of the Subscriber Report, the Affiliate shall also include provide a report to the Broadcaster, which evidences in its detail the Affiliate’s full compliance with the applicable terms and conditions of the availed Incentive Plan(s) (“Incentive Terms Compliance Report”). Each such reports shall also be signed and attested by an officer of Affiliate of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the Subscriber Report comprehensive details is true and correct.
(e) Affiliate shall maintain throughout the Term and for twelve (12) months thereafter (or such longer period as required by law) sufficient records to enable the Broadcaster to verify and ascertain (i) veracity of all incidents of piracy and signal theft involving its network, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the Operator to provide to SDSPL the Subscriber Reports shall survive termination of the Agreement until SDSPL receives the Subscriber Reports for each relevant month for which any Monthly License Fees is payablesupplied by Affiliate pursuant to this Clause, and (ii) Affiliate’s compliance with its anti‐piracy obligations as set out in this Agreement.
Appears in 1 contract
Samples: Reference Interconnect Offer
SUBSCRIBER REPORTS. (i) The Operator will maintain at its own expense a SMS which should be fully integrated with the CAS.
(ii) The Operator shall provide to SDSPL KMSPL complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package containing the Subscribed Channels within seven (7) days from the end of each month in the format provided by SDSPL KMSPL from time to time. If any Subscriber has opted for more than one connection from the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iii) Such reports shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL KMSPL Channel and each Tier/Package in which a SDSPL KMSPL Channel is included) and the Monthly License Fees payable to SDSPL KMSPL and shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report is true and correct.
(iv) The Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving its network, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the Operator to provide to SDSPL KMSPL the Subscriber Reports shall survive termination of the Agreement until SDSPL KMSPL receives the Subscriber Reports for each relevant month for which any Monthly License Fees is payable.
Appears in 1 contract
Samples: Subscription Agreement
SUBSCRIBER REPORTS. (i) The Operator will maintain at its own expense a SMS subscriber management system (“SMS”) which should be fully integrated with the CAS.
CAS (ii) The Conditional Access System).The Operator shall provide to SDSPL RAJ TV complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package tier and/or package containing the Subscribed Channels within seven (7) days 7)days from the end of each month m onth in the format provided by SDSPL from time to timeRAJ TV . If any Subscriber has opted for more than one connection from the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iiiii) Such reports shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL RAJ TV Channel and each Tier/Package package in which a SDSPL RAJ TV Channel is included) and the Monthly License Fees payable to SDSPL RAJ TV and shall be signed and attested by an officer of the Operator of a rank not less than Head of DepartmentDepartm ent/Chief Financial Officer who shall certify that all information in the report Report is true and correct.
(iviii) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving in its network, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the Operator to provide to SDSPL RAJ TV the Subscriber Reports shall survive termination of the Agreement until SDSPL RAJ TV receives the Subscriber Reports for each relevant month for which any Monthly License Fees Fee is payable.
(iv) The Operator shall maintain throughout the Term and for twelve (12) months thereafter (or such longer period as required by law) sufficient records to enable RAJ TV to verify and ascertain (i) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (ii) the payments due to RAJ TV hereunder, and (iii) Operator’s compliance with its anti-piracy obligations as set out in this Agreement.
Appears in 1 contract
Samples: Subscription Agreement
SUBSCRIBER REPORTS. (i) The Operator will shall maintain at its own expense a SMS which should be fully integrated with the CAS.
(ii) The Operator shall provide to SDSPL XXXXX SATCOM LTD CHENNAI complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package containing the Subscribed Channels within seven (7) days from the end of each month in the format provided as may be specified by SDSPL XXXXX SATCOM LTD CHENNAI from time to time. If any time along with such other information as XXXXX SATCOM LTD CHENNAI may require for determining the Monthly Average Subscriber has opted for more than one connection from Base and the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable NetworkMonthly Subscription Fee.
(iii) Such reports Each Subscriber Reports shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL Channel and each Tier/Package in which a SDSPL Channel is included) and the Monthly License Fees payable to SDSPL and shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report Report is true and correct.
(iv) The Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving its networkthe Operator’s Addressable System, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the Operator to provide to SDSPL XXXXX SATCOM LTD CHENNAI the Subscriber Reports shall survive termination of the this Agreement until SDSPL XXXXX SATCOM LTD CHENNAI receives the Subscriber Reports for each relevant month for which any Monthly License Fees Subscription Fee is payable.
(v) Operator shall supply to XXXXX SATCOM LTD CHENNAI within 90 days after the end of each financial year during the Term, a statement attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer certifying as to the completeness and accuracy of all information contained in all Subscriber Reports relating to such financial year.
Appears in 1 contract
Samples: Subscription Agreement
SUBSCRIBER REPORTS. (i) I. The Operator will maintain at its own expense a SMS subscriber management system (“SMS”) which should be fully integrated with the CAS.
CAS (ii) The Conditional Access System).The Operator shall provide to SDSPL BROADCASTER complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package tier and/or package containing the Subscribed Channels within seven (7) days from the end of each month in the such format as set forth in ANNEXURE ‐C attached hereto or in such format provided by SDSPL from time to timeBROADCASTER. If any Subscriber has opted for more than one connection from the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iii) Such reports II. Each Subscriber Report shall be system generated only through SMS and CAS and the same should be in a pre‐defined read only format such as a suitable PDF format which cannot be manually edited and shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL BROADCASTER Channel and each Tier/Package package in which a SDSPL BROADCASTER Channel is included) and the Monthly License Fees payable to SDSPL BROADCASTER and shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report Report is true and correct. Any difference between the SMS and CAS reports shall have to be reconciled to the satisfaction of BROADCASTER. Such provisioning of Subscriber Report shall constitute material obligation on the part of the Operator.
(iv) III. The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving in its network, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the Operator to provide to SDSPL BROADCASTER the Subscriber Reports shall survive termination of the Agreement until SDSPL BROADCASTER receives the Subscriber Reports for each relevant month for which any Monthly License Fees Fee is payable.
IV. The Operator shall maintain throughout the Term and for twelve (12) months thereafter (or such longer period as required by law) sufficient records to enable BROADCASTER to verify and ascertain (i) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (ii) the payments due to BROADCASTER hereunder, and (iii) Operator’s compliance with its anti‐piracy obligations as set out in this Agreement.
Appears in 1 contract
Samples: Interconnect Agreement
SUBSCRIBER REPORTS. (i) The Operator DTH OPERATOR will maintain at its own expense a SMS Subscriber Management System (SMS), which should be fully integrated with the CAS.
(ii) The Operator DTH OPERATOR shall provide to SDSPL SSCL complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package containing the Subscribed Channels within seven (7) days from the end of each month in the format provided by SDSPL SSCL in Schedule 4 and Schedule 5 from time to time. If any Subscriber has opted for more than one connection from the OperatorDTH OPERATOR, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iii) Such reports shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL SSCL Channel and each TierPackage/Package Tier in which a SDSPL SSCL Channel is included) and the Monthly License Fees payable to SDSPL SSCL and shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer and/or an authorized person, who shall certify that all information in the report is true and correct.
(iv) The Operator DTH OPERATOR shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving its network, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the Operator DTH OPERATOR to provide to SDSPL SSCL the Subscriber Reports shall survive termination of the Agreement until SDSPL SSCL receives the Subscriber Reports for each relevant month for which any Monthly License Fees is payable.
(v) SSCL shall be entitled to entitled to disconnect the signals of the subscribed channels to the DTH Operator’s network, after giving three (3) weeks’ notice to the DTH Operator, if the DTH Operator fails to provide the monthly subscriber report as per Clause 11(ii) above.
Appears in 1 contract
Samples: Interconnection Agreement
SUBSCRIBER REPORTS. (i) The Operator will shall maintain at its own expense a SMS Subscriber Management System which should be fully integrated with the CAS, at a minimum, capable of,
(a) maintaining a computerized customer database capable of recording adequate details of each Subscriber, including name, address, chosen method of payment and billing;
(b) administering subscriptions of Subscribers by producing and distributing contracts for new Subscribers and setting up and maintaining an infrastructure whereby Subscriber contracts are collected and recorded in the SMS database for ongoing administration;
(c) handling all ongoing administrative functions in relation to Subscribers, including, without limitation, billing and collection of subscription payments, credit control, sales enquiries and handling of complaints;
(d) administering payments of any commission fees from time to time payable to the Operator’s authorized agents for the sale to Subscribers of programming packages;
(e) obtaining and distributing receivers and smartcards, if applicable, to Subscribers, and issue replacement smartcards from time to time in its discretion; and
(f) Enable new Subscribers via the SMS over-the-air addressing system and disable defaulting Subscribers from time to time in its discretion.
(ii) The Operator shall provide to SDSPL the Broadcaster complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package containing the Subscribed Channels within seven (7) days from the end of each month in such format as is set forth in Annexure C attached hereto or in such format as may be specified by the format provided by SDSPL Broadcaster from time to time. If any time along with such other information as the Broadcaster may require for determining the Monthly Average Subscriber has opted for more than one connection from Base and the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable NetworkMonthly License Fees.
(iii) Such reports Subscriber Reports shall be system generated only through SMS and CAS and the same should be in a pre-defined read only format such as a suitable PDF format which cannot be manually edited and shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to Level. The Subscriber Report shall include the number correct and updated details of Subscribers for each SDSPL Channel and each Tier/Package in which a SDSPL Channel is included) the Cable Operators served by the Operator, such Cable Operators’ downline link operators & their territory of operation, subscriber count, details of the subscribed channels & packages and the Monthly License Fees payable to SDSPL and the Broadcaster. Such Subscriber Reports shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report Report is true and correct. Any difference between the SMS and CAS reports shall have to be reconciled to the satisfaction of the Broadcaster. Such provisioning of Subscriber Report shall constitute material breach of obligation on the part of the Operator.
(iv) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving its networkthe Operator’s HITS Distribution System, the names of perpetrators involved in such incidents, and any actions, including but not limited . The Operator shall provide such information promptly to the filing of police reports Broadcaster and lawsuits, taken against co-operate with the Broadcaster to take such perpetrators since action as per the prior Subscriber ReportApplicable Law. The obligation of the Operator to provide to SDSPL the Broadcaster the Subscriber Reports shall survive termination of the this Agreement until SDSPL the Broadcaster receives the Subscriber Reports for each relevant month for which any Monthly License Fees is payable.
(v) The Operator shall maintain throughout the Term and for twelve (12) months thereafter (or such longer period as required by law) sufficient records to enable the Broadcaster to verify and ascertain (i) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (ii) the payments due to the Broadcaster thereunder, and (iii) Operator’s compliance with its anti-piracy obligations as set out in this Agreement.
Appears in 1 contract
Samples: Subscription Agreement
SUBSCRIBER REPORTS. (i) The Operator will shall maintain at its own expense a SMS subscriber management system (“SMS”) which should be fully integrated with the CAS.
(ii) . The Operator shall provide to SDSPL the Broadcaster complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package containing the Subscribed Channels within seven (7) days from the end of each month in such format as is set forth in Annexure C attached hereto or in such format as may be specified by the format provided by SDSPL Broadcaster from time to time. If any time along with such other information as the Broadcaster may require for determining the Monthly Average Subscriber has opted for more than one connection from Base and the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable NetworkMonthly License Fees.
(iiiii) Such reports Subscriber Reports shall be system generated only through SMS and CAS and the same should be in a pre-defined read only format such as a suitable PDF format which cannot be manually edited and shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to Level. The Subscriber Report shall include the number correct and updated details of Subscribers for each SDSPL Channel and each Tier/Package in which a SDSPL Channel is included) the Cable Operators served by the Operator, such Cable Operators’ downline link operators & their territory of operation, subscriber count, details of the subscribed channels & packages and the Monthly License Fees payable to SDSPL and the Broadcaster. Such Subscriber Reports shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report Report is true and correct. Any difference between the SMS and CAS reports shall have to be reconciled to the satisfaction of the Broadcaster. Such provisioning of Subscriber Report shall constitute material obligation on the part of the Operator.
(iviii) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving its networkthe Operator’s HITS Distribution System, the names of perpetrators involved in such incidents, and any actions, including but not limited . The Operator shall provide such information promptly to the filing of police reports Broadcaster and lawsuits, taken against co-operate with the Broadcaster to take such perpetrators since action as per the prior Subscriber ReportApplicable Law. The obligation of the Operator to provide to SDSPL the Broadcaster the Subscriber Reports shall survive termination of the this Agreement until SDSPL the Broadcaster receives the Subscriber Reports for each relevant month for which any Monthly License Fees is payable.
(iv) The Operator shall maintain throughout the Term and for twelve (12) months thereafter (or such longer period as required by law) sufficient records to enable the Broadcaster to verify and ascertain (i) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (ii) the payments due to the Broadcaster hereunder, and (iii) Operator’s compliance with its anti-piracy obligations as set out in this Agreement.
Appears in 1 contract
Samples: Subscription Agreement
SUBSCRIBER REPORTS. (ia) The Operator will shall maintain at its own expense a SMS Subscriber Management System which should be fully integrated with the CAS.
(ii) . The Operator shall provide to SDSPL the Broadcaster complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package containing the Subscribed Channels within seven (7) days from the end of each month in such format as is set forth in Annexure C attached hereto or in such format as may be specified by the format provided by SDSPL Broadcaster from time to time. If any time along with such other information as the Broadcaster may require for determining the Monthly Average Subscriber has opted for more than one connection from Base and the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable NetworkMonthly Subscription Fees.
(iiib) Such reports Each Subscriber Reports shall be system generated only through SMS and CAS and the same should be in a pre- defined read only format such as a suitable PDF format which cannot be manually edited and shall specify all information required to calculate the Monthly Average Subscriber Level Base (including but not limited to the number of Subscribers for each SDSPL Subscribed Channel and each Tier/Package in which a SDSPL Subscribed Channel is included) and the Monthly License Subscription Fees payable to SDSPL the Broadcaster, and shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report Report is true and correct. Any difference between the SMS and CAS reports shall have to be reconciled to the satisfaction of the Broadcaster. Such non-provisioning of Subscriber Report shall constitute material breach of obligation on the part of the Operator.
(ivc) The Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving its networkthe Operator’s DTH Service, the names of perpetrators involved in such incidents, and any actions, including but not limited . The Operator shall provide such information promptly to the filing of police reports Broadcaster and lawsuits, taken against co-operate with the Broadcaster to take such perpetrators since the prior Subscriber Reportaction as per Applicable Law. The obligation of the Operator to provide to SDSPL the Broadcaster the Subscriber Reports shall survive termination of the this Agreement until SDSPL the Broadcaster receives the Subscriber Reports for each relevant month for which any Monthly License Subscription Fees is payable.
(d) Operator shall supply to the Broadcaster within 90 days after the end of each financial year during the Term, a statement attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer certifying as to the completeness and accuracy of all information contained in all Subscriber Reports relating to such financial year.
(e) The Operator shall maintain throughout the Term and for twelve (12) months thereafter (or such longer period as required by law) sufficient records to enable the Broadcaster to verify and ascertain (i) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (ii) the payments due to the Broadcaster hereunder, and (iii) Operator’s compliance with its anti-piracy obligations as set out in this Agreement.
Appears in 1 contract
Samples: Subscription Agreement
SUBSCRIBER REPORTS. (i) The Operator will maintain at its own expense a SMS subscriber management system (“SMS”) which should be fully integrated with the CAS.
CAS (ii) The Conditional Access System).The Operator shall provide to SDSPL XXXXX SATCOM LTD complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package tier and/or package containing the Subscribed Channels within seven (7) days 7)days from the end of each month in the format provided by SDSPL from time to timeXXXXX SATCOM LTD. If any Subscriber has opted for more than one connection from the Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iiiii) Such reports shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL XXXXX SATCOM LTD Channel and each Tier/Package package in which a SDSPL XXXXX SATCOM LTD Channel is included) and the Monthly License Fees payable to SDSPL XXXXX SATCOM LTD and shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report Report is true and correct.
(iviii) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving in its network, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the Operator to provide to SDSPL XXXXX SATCOM LTD the Subscriber Reports shall survive termination of the Agreement until SDSPL XXXXX SATCOM LTD receives the Subscriber Reports for each relevant month for which any Monthly License Fees Fee is payable.
(iv) The Operator shall maintain throughout the Term and for twelve (12) months thereafter (or such longer period as required by law) sufficient records to enable XXXXX SATCOM LTD to verify and ascertain (i) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (ii) the payments due to XXXXX SATCOM LTD hereunder, and (iii) Operator‟s compliance with its anti-piracy obligations as set out in this Agreement.
Appears in 1 contract
Samples: Subscription Agreement
SUBSCRIBER REPORTS. (i) The Operator will shall maintain at its own expense a SMS Subscriber Management System (“SMS”) which should be fully integrated with the Conditional Access System (“CAS.
(ii) ”). The Operator shall provide to SDSPL RAJ GROUP complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Tier/Package tier and/or package containing the Subscribed Channels within seven (7) days from the end of each month in the format provided by SDSPL from time to timeRAJ GROUP. If any Subscriber has opted for more than one connection from the Operator and/or its Affiliate Cable Operator, all such additional connections must feature in the Subscriber Report. Without prejudice to the foregoing, such Such Subscriber reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iii) Such reports Reports shall specify all information required to calculate the Monthly Average Subscriber Level. The Monthly Average Subscriber Level (including but not limited to is calculated by adding the number of Subscribers for each SDSPL Channel on the first and each Tier/Package last day of the month in which a SDSPL Channel is includedquestion and dividing the sum by two, i.e. (Opening Subscriber + Closing Subscriber) divided by two (2). The Subscriber Report shall include the correct and updated details of the cable operators served by the Operator, such cable operators’ downline link operators & their territory of operation, Subscriber count, details of the Subscribed Channels & packages and the Monthly License Fees payable to SDSPL and RAJ GROUP. Such Subscriber Reports shall be signed and attested by an officer of the Operator of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report Subscriber Report is true and correct.
(iv) The . Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving its networkthe Platform, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber ReportReport or meeting. The obligation of the Operator to provide to SDSPL RAJ GROUP the Subscriber Reports shall survive termination of the Agreement until SDSPL RAJ GROUP receives the Subscriber Reports for each relevant month for which any Monthly License Fees Fee is payable. The Operator shall maintain throughout the Term and for twelve (12) months thereafter (or such longer period as required by law) sufficient records to enable RAJ GROUP to verify and ascertain (i) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (ii) the payments due to RAJ GROUP hereunder, and (iii) Operator’s compliance with its anti-piracy obligations as set out in this Agreement.
Appears in 1 contract
Samples: Subscription Agreement
SUBSCRIBER REPORTS. (ia) The Operator will Affiliate shall maintain at its own expense a SMS which should be fully integrated with the CAS.
(iib) The Operator With respect to each month of the Term, or part thereof, the Affiliate shall mandatorily provide to SDSPL the Broadcaster the duly complete and accurate opening and closing subscriber monthly reports for Subscriber Report, in such format as is set forth in Annexure E or in such format as may be provided by the Subscribed Channels and the Tier/Package containing the Subscribed Channels Broadcaster from time to time, within seven (7) days from of the end of each immediate succeeding month in the format provided by SDSPL from time to time. (“Subscriber Report Due Date”).
(c) If any Subscriber has opted for more than one connection connection/STB from the OperatorAffiliate, all such additional connections connections/STBs must feature in the Subscriber Report. Without prejudice to the foregoing, Each such Subscriber reports Reports shall provide the namesdetails that have been segregated Package wise, complete addressSubscribed Channel wise, areas served city/area wise and number of Subscribers of each Affiliated Cable Operator served by the Operator and also the number of Subscribers served by the Operator‟s own Cable Network.
(iii) Such reports shall specify all information required to calculate the Monthly Average Subscriber Level (including but not limited to the number of Subscribers for each SDSPL Channel and each Tier/Package in which a SDSPL Channel is included) and the Monthly License Fees payable to SDSPL Affiliate’s affiliated local cable operator wise and shall be signed and attested by an officer of the Operator Affiliate of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the report Subscriber Report is true and correct.
(ivd) The Operator In case the Affiliate has opted for any Incentive Plan(s), then at the time of submission of the Subscriber Report, the Affiliate shall also include provide a report to the Broadcaster, , which evidences in its detail the Affiliate’s full compliance with the applicable terms and conditions of the availed Incentive Plan(s) (“Incentive Terms Compliance Report”). Each such reports shall also be signed and attested by an officer of Affiliate of a rank not less than Head of Department/Chief Financial Officer who shall certify that all information in the Subscriber Report comprehensive details is true and correct.
(e) Affiliate shall maintain throughout the Term and for twelve (12) months thereafter (or such longer period as required by law) sufficient records to enable the Broadcaster to verify and ascertain (i) veracity of all incidents of piracy and signal theft involving its network, the names of perpetrators involved in such incidents, and any actions, including but not limited to the filing of police reports and lawsuits, taken against such perpetrators since the prior Subscriber Report. The obligation of the Operator to provide to SDSPL the Subscriber Reports shall survive termination of the Agreement until SDSPL receives the Subscriber Reports for each relevant month for which any Monthly License Fees is payablesupplied by Affiliate pursuant to this Clause, and (ii) Affiliate’s compliance with its anti‐piracy obligations as set out in this Agreement.
Appears in 1 contract
Samples: Interconnect Agreement