SUBSCRIBER REPORTS. (a) The Operator shall maintain at its own expense a subscriber management system (“SMS”) which should be fully integrated with the CAS. The Operator shall provide to the Broadcaster complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the 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 Broadcaster from time to time along with such other information as the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription Fees. (b) 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 Base (including but not limited to the number of Subscribers for each Subscribed Channel and each Package in which a Subscribed Channel is included) and the Monthly Subscription Fees payable to 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 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. (c) Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Service, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly to the Broadcaster and co-operate with the Broadcaster to take such action as per the Applicable Law. The obligation of Operator to provide to the Broadcaster the Subscriber Reports shall survive termination of this Agreement until the Broadcaster receives the Subscriber Reports for each relevant month for which any Monthly 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. (ai) The Operator shall will maintain at its own expense a subscriber management system (“SMS”) SMS which should be fully integrated with the CAS. .
(ii) The Operator shall provide to the Broadcaster 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 such the format as is set forth in Annexure C attached hereto or in such format as may be specified provided by the Broadcaster SDSPL from time to time along with time. If any Subscriber has opted for more than one connection from the Operator, all such other information as additional connections must feature in the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription FeesReport.
(biii) 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 Such reports shall specify all information required to calculate the Monthly Average Subscriber Base Level (including but not limited to the number of Subscribers for each Subscribed SDSPL Channel and each Tier/Package in which a Subscribed SDSPL Channel is included) and the Monthly Subscription License Fees payable to the Broadcaster, 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. 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.
(civ) The Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Serviceits network, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly , and any actions, including but not limited to the Broadcaster filing of police reports and co-operate with lawsuits, taken against such perpetrators since the Broadcaster to take such action as per the Applicable Lawprior Subscriber Report. The obligation of the Operator to provide to the Broadcaster SDSPL the Subscriber Reports shall survive termination of this the Agreement until the Broadcaster SDSPL receives the Subscriber Reports for each relevant month for which any Monthly Subscription License 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. (ai) The Operator shall will maintain at its own expense a subscriber management system (“SMS”) SMS which should be fully integrated with the CAS. .
(ii) The Operator shall provide to the Broadcaster 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 such the format as is set forth in Annexure C attached hereto or in such format as may be specified provided by the Broadcaster SDSPL from time to time along with time. If any Subscriber has opted for more than one connection from the Operator, all such other information as additional connections must feature in the Broadcaster may require for determining Subscriber Report. Without prejudice to the Monthly Average foregoing, such Subscriber Base reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Monthly Subscription FeesOperator and also the number of Subscribers served by the Operator‟s own Cable Network.
(biii) 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 Such reports shall specify all information required to calculate the Monthly Average Subscriber Base Level (including but not limited to the number of Subscribers for each Subscribed SDSPL Channel and each Tier/Package in which a Subscribed SDSPL Channel is included) and the Monthly Subscription License Fees payable to the Broadcaster, 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. 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.
(civ) The Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Serviceits network, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly , and any actions, including but not limited to the Broadcaster filing of police reports and co-operate with lawsuits, taken against such perpetrators since the Broadcaster to take such action as per the Applicable Lawprior Subscriber Report. The obligation of the Operator to provide to the Broadcaster SDSPL the Subscriber Reports shall survive termination of this the Agreement until the Broadcaster SDSPL receives the Subscriber Reports for each relevant month for which any Monthly Subscription License 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. (ai) The Operator shall will maintain at its own expense a subscriber management system (“SMS”) which should be fully integrated with the CAS. The CAS (Conditional Access System).The Operator shall provide to the Broadcaster XXXXX SATCOM LTD complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the 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 XXXXX SATCOM LTD. If any Subscriber has opted for more than one connection from the Operator, all such format as is set forth additional connections must feature in Annexure C attached hereto or in such format as may be specified by the Broadcaster from time to time along with such other information as the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription FeesReport.
(bii) 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 Such reports shall specify all information required to calculate the Monthly Average Subscriber Base Level (including but not limited to the number of Subscribers for each Subscribed XXXXX SATCOM LTD Channel and each Package package in which a Subscribed XXXXX SATCOM LTD Channel is included) and the Monthly Subscription Fees payable to the Broadcaster, 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 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.
(ciii) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Servicein its network, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly , and any actions, including but not limited to the Broadcaster filing of police reports and co-operate with lawsuits, taken against such perpetrators since the Broadcaster to take such action as per the Applicable Lawprior Subscriber Report. The obligation of Operator to provide to the Broadcaster XXXXX SATCOM LTD the Subscriber Reports shall survive termination of this the Agreement until the Broadcaster XXXXX SATCOM LTD receives the Subscriber Reports for each relevant month for which any Monthly Subscription Fees Fee 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.
(eiv) 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 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 the Broadcaster 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. (ai) The Operator shall maintain at its own expense a subscriber management system (“SMS”) which should be fully integrated with the CAS. The Operator shall provide to the Broadcaster ETV complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the 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 Broadcaster ETV from time to time along with such other information as the Broadcaster ETV may require for determining the Monthly Average Subscriber Base and the Monthly Subscription License Fees.
(bii) Each Such Subscriber Reports shall be system generated only through SMS and CAS and the same should be in a pre- defined 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 Base (including but not limited to Level. The Subscriber Report shall include the number correct and updated details of Subscribers for each Subscribed Channel and each Package in which a Subscribed 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 Subscription License Fees payable to the Broadcaster, 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 is true and correct. Any difference between the SMS and CAS reports shall have to be reconciled to the satisfaction of the BroadcasterETV. Such provisioning of Subscriber Report shall constitute material breach of obligation on the part of the Operator.
(ciii) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV ServiceHITS Distribution System, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly , and any actions, including but not limited to the Broadcaster filing of police reports and co-operate with lawsuits, taken against such perpetrators since the Broadcaster to take such action as per the Applicable Lawprior Subscriber Report. The obligation of the Operator to provide to the Broadcaster ETV the Subscriber Reports shall survive termination of this Agreement until the Broadcaster ETV receives the Subscriber Reports for each relevant month for which any Monthly Subscription License 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.
(eiv) 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 ETV to verify and ascertain (i) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (ii) the payments due to the Broadcaster ETV hereunder, and (iii) Operator’s compliance with its anti-piracy anti‐piracy obligations as set out in this Agreement.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (ai) The Operator shall will maintain at its own expense a subscriber management system (“SMS”) which should be fully integrated with the CAS. The CAS (Conditional Access System).The Operator shall provide to the Broadcaster complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Package tier and/or package containing the Subscribed Channels within seven (7) days from the end of each month in the prescribed format. If any Subscriber has opted for more than one connection from the Operator, all such format as is set forth additional connections must feature in Annexure C attached hereto or in such format as may be specified by the Broadcaster from time to time along with such other information as the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription FeesReport.
(bii) 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 Such reports shall specify all information required to calculate the Monthly Average Subscriber Base Level (including but not limited to the number of Subscribers for each Subscribed Channel Broadcaster and each Package package in which a Subscribed Broadcaster’s Channel is included) and the Monthly Subscription License Fees as may become payable to 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 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.
(ciii) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Servicein its network, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly , and any actions, including but not limited to the Broadcaster filing of police reports and co-operate with lawsuits, taken against such perpetrators since the Broadcaster to take such action as per the Applicable Lawprior Subscriber Report. The obligation of Operator to provide to the Broadcaster the Subscriber Reports shall survive termination of this the Agreement until the Broadcaster receives the Subscriber Reports for each relevant month for which any Monthly Subscription Fees License Fee 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.
(eiv) 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 2 contracts
Samples: Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (ai) The Operator shall will maintain at its own expense a subscriber management system (“SMS”) SMS which should be fully integrated with the CAS. .
(ii) The Operator shall provide to the Broadcaster 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 such the format as is set forth in Annexure C attached hereto or in such format as may be specified provided by the Broadcaster from KMSPLfrom time to time along with time. If any Subscriber has opted for more than one connection from the Operator, all such other information as additional connections must feature in the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription FeesReport.
(biii) 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 Such reports shall specify all information required to calculate the Monthly Average Subscriber Base Level (including but not limited to the number of Subscribers for each Subscribed Channel KMSPLChannel and each Tier/Package in which a Subscribed Channel KMSPLChannel is included) and the Monthly Subscription License Fees payable to the Broadcaster, 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 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.
(civ) The Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Serviceitsnetwork, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly , and any actions, including but not limited to the Broadcaster filing of police reports and co-operate with lawsuits, taken against such perpetrators since the Broadcaster to take such action as per the Applicable Lawprior Subscriber Report. The obligation of Operator oftheOperator to provide to the Broadcaster the KMSPLthe Subscriber Reports shall survive termination of this the Agreement until the Broadcaster receives KMSPLreceives the Subscriber Reports for each relevant month for which any Monthly Subscription License 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 2 contracts
Samples: Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (ai) The Operator shall will maintain at its own expense a subscriber management system (“SMS”) SMS which should be fully integrated with the CAS. .
(ii) The Operator shall provide to the Broadcaster 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 such the format as is set forth in Annexure C attached hereto or in such format as may be specified provided by the Broadcaster GDSPL from time to time along with time. If any Subscriber has opted for more than one connection from the Operator, all such other information as additional connections must feature in the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription FeesReport.
(biii) 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 Such reports shall specify all information required to calculate the Monthly Average Subscriber Base Level (including but not limited to the number of Subscribers for each Subscribed GDSPL Channel and each Tier/Package in which a Subscribed GDSPL Channel is included) and the Monthly Subscription License Fees payable to the Broadcaster, 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 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.
(civ) The Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Serviceits network, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly , and any actions, including but not limited to the Broadcaster filing of police reports and co-operate with lawsuits, taken against such perpetrators since the Broadcaster to take such action as per the Applicable Lawprior Subscriber Report. The obligation of the Operator to provide to the Broadcaster GDSPL the Subscriber Reports shall survive termination of this the Agreement until the Broadcaster GDSPL receives the Subscriber Reports for each relevant month for which any Monthly Subscription License 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 2 contracts
Samples: Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (a) The Operator shall will maintain at its own expense a subscriber management system (“SMS”) Subscriber Management System which should be fully integrated with the CASCAS (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 the Broadcaster complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the 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 provided by the Broadcaster Broadcaster. If any Subscriber has opted for more than one connection from time to time along with the Operator, all such other information as additional connections must feature in the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription FeesReport.
(bc) Each Subscriber Reports Report shall be system generated only through SMS and CAS and the same should be in a pre- 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 Base Level (including but not limited to the number of Subscribers for each Subscribed Channel and each Package in which a Subscribed Channel is included) and the Monthly Subscription License Fees payable to 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 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 such Subscriber Report shall constitute material breach of obligation on the part of the Operator.
(cd) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Servicein its network, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly to the Broadcaster and co-co- operate with the Broadcaster to take such action as per the Applicable Law. The obligation of Operator to provide to the Broadcaster the Subscriber Reports shall survive termination of this the Agreement until the Broadcaster Broadcaster, receives the Subscriber Reports for each relevant month for which any Monthly Subscription Fees License Fee 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 Broadcaster, to verify and ascertain (ia) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (iib) the payments due to the Broadcaster hereunder, and (iiic) Operator’s compliance with its anti-anti- piracy obligations as set out in this Agreement.
Appears in 2 contracts
Samples: Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (ai) The Operator shall will maintain at its own expense a subscriber management system (“SMS”) SMS which should be fully integrated with the CAS. .
(ii) The Operator shall provide to the Broadcaster 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 such the format as is set forth in Annexure C attached hereto or in such format as may be specified provided by the Broadcaster from KMSPLfrom time to time along with time.If any Subscriber has opted for more than one connection from the Operator, all such other information as additional connections must feature in the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription FeesReport.
(biii) 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 Such reports shall specify all information required to calculate the Monthly Average Subscriber Base Level (including but not limited to the number of Subscribers for each Subscribed Channel KMSPLChannel and each Tier/Package in which a Subscribed Channel KMSPLChannel is included) and the Monthly Subscription License Fees payable to the Broadcaster, 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 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.
(civ) The Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Serviceitsnetwork, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly , and any actions, including but not limited to the Broadcaster filing of police reports and co-operate with lawsuits, taken against such perpetrators since the Broadcaster to take such action as per the Applicable Lawprior Subscriber Report. The obligation of ofthe Operator to provide to the Broadcaster the KMSPLthe Subscriber Reports shall survive termination of this the Agreement until the Broadcaster receives KMSPLreceives the Subscriber Reports for each relevant month for which any Monthly Subscription Fees LicenseFees 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 2 contracts
Samples: Subscription Agreement, Subscription Agreement
SUBSCRIBER REPORTS. (ai) The Operator shall maintain at its own expense a subscriber management system (“SMS”) SMS which should be fully integrated with the CAS. .
(ii) The Operator shall provide to the Broadcaster XXXXX SATCOM LTD CHENNAI complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the 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 the format as may be specified by the Broadcaster XXXXX SATCOM LTD CHENNAI from time to time along with such other information as the Broadcaster XXXXX SATCOM LTD CHENNAI may require for determining the Monthly Average Subscriber Base and the Monthly Subscription FeesFee.
(biii) 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 Base (including but not limited to the number of Subscribers for each Subscribed Channel and each Package in which a Subscribed Channel is included) and the Monthly Subscription Fees payable to 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 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.
(civ) Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV ServiceAddressable System, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly , and any actions, including but not limited to the Broadcaster filing of police reports and co-operate with lawsuits, taken against such perpetrators since the Broadcaster to take such action as per the Applicable Lawprior Subscriber Report. The obligation of Operator to provide to the Broadcaster XXXXX SATCOM LTD CHENNAI the Subscriber Reports shall survive termination of this Agreement until the Broadcaster XXXXX SATCOM LTD CHENNAI receives the Subscriber Reports for each relevant month for which any Monthly Subscription Fees Fee is payable.
(dv) Operator shall supply to the Broadcaster 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.
(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. (a) The Operator Affiliate shall maintain at its own expense a subscriber management system (“SMS”) SMS which should be fully integrated with the CAS. The Operator .
(b) With respect to each month of the Term, or part thereof, the Affiliate shall mandatorily provide to the Broadcaster the duly complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Package containing the Subscribed Channels within seven (7) days from the end of each month Subscriber Report, in such format as is set forth in Annexure C attached hereto E or in such format as may be specified provided by the Broadcaster from time to time along with such other information as time, within seven (7) days of the Broadcaster may require for determining the Monthly Average immediate succeeding month (“Subscriber Base and the Monthly Subscription FeesReport Due Date”).
(bc) If any Subscriber has opted for more than one connection/STB from Affiliate, all such additional connections/STBs must feature in the Subscriber Report. Each such 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 Base (including but not limited to the number of Subscribers for each provide details that have been segregated Package wise, Subscribed Channel wise, city/area wise and each Package in which a Subscribed Channel is included) and the Monthly Subscription Fees payable to the Broadcaster, 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 Subscriber 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.
(c) Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Service, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly to the Broadcaster and co-operate with the Broadcaster to take such action as per the Applicable Law. The obligation of Operator to provide to the Broadcaster the Subscriber Reports shall survive termination of this Agreement until the Broadcaster receives the Subscriber Reports for each relevant month for which any Monthly Subscription Fees is payable.
(d) 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 supply also provide a report to the Broadcaster within 90 days after Broadcaster, , which evidences in detail the end Affiliate’s full compliance with the applicable terms and conditions of each financial year during the Term, a statement availed Incentive Plan(s) (“Incentive Terms Compliance Report”). Each such reports shall also be signed and attested by an officer of the Operator Affiliate of a rank not less than Head of Department/Chief Financial Officer certifying as to the completeness and accuracy of who shall certify that all information contained in all the Subscriber Reports relating to such financial yearReport is true and correct.
(e) The Operator 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 the Subscriber Reports supplied by Operator Affiliate pursuant to this Clause, and (ii) the payments due to the Broadcaster hereunder, and (iii) OperatorAffiliate’s compliance with its anti-piracy anti‐piracy obligations as set out in this Agreement.
Appears in 1 contract
Samples: Interconnect Agreement
SUBSCRIBER REPORTS. (ai) The Operator shall will maintain at its own expense a subscriber management system (“SMS”) which should be fully integrated with the CAS. The CAS (Conditional Access System).The Operator shall provide to the Broadcaster RAJ TV complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the 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 RAJ TV . If any Subscriber has opted for more than one connection from the Operator, all such format as is set forth additional connections must feature in Annexure C attached hereto or in such format as may be specified by the Broadcaster from time to time along with such other information as the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription FeesReport.
(bii) 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 Such reports shall specify all information required to calculate the Monthly Average Subscriber Base Level (including but not limited to the number of Subscribers for each Subscribed RAJ TV Channel and each Package package in which a Subscribed RAJ TV Channel is included) and the Monthly Subscription License Fees payable to the Broadcaster, 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 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.
(ciii) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Servicein its network, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly , and any actions, including but not limited to the Broadcaster filing of police reports and co-operate with lawsuits, taken against such perpetrators since the Broadcaster to take such action as per the Applicable Lawprior Subscriber Report. The obligation of Operator to provide to the Broadcaster RAJ TV the Subscriber Reports shall survive termination of this the Agreement until the Broadcaster RAJ TV receives the Subscriber Reports for each relevant month for which any Monthly Subscription Fees License Fee 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.
(eiv) 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 RAJ TV to verify and ascertain (i) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (ii) the payments due to the Broadcaster 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. (ai) The Operator shall DTH OPERATOR will maintain at its own expense a subscriber management system Subscriber Management System (“SMS”) ), which should be fully integrated with the CAS. .
(ii) The Operator DTH OPERATOR shall provide to the Broadcaster 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 such the format as is set forth provided by SSCL in Annexure C attached hereto or in such format as may be specified by the Broadcaster Schedule 4 and Schedule 5 from time to time along with time. If any Subscriber has opted for more than one connection from the DTH OPERATOR, all such other information as additional connections must feature in the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription FeesReport.
(biii) 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 Such reports shall specify all information required to calculate the Monthly Average Subscriber Base Level (including but not limited to the number of Subscribers for each Subscribed SSCL Channel and each Package Package/Tier in which a Subscribed SSCL Channel is included) and the Monthly Subscription License Fees payable to the Broadcaster, 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 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.
(civ) Operator The DTH OPERATOR shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Serviceits network, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly , and any actions, including but not limited to the Broadcaster filing of police reports and co-operate with lawsuits, taken against such perpetrators since the Broadcaster to take such action as per the Applicable Lawprior Subscriber Report. The obligation of Operator the DTH OPERATOR to provide to the Broadcaster SSCL the Subscriber Reports shall survive termination of this the Agreement until the Broadcaster SSCL receives the Subscriber Reports for each relevant month for which any Monthly Subscription License Fees is payable.
(dv) Operator SSCL shall supply be entitled to entitled to disconnect the signals of the subscribed channels to the Broadcaster within 90 days DTH Operator’s network, 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 giving three (3) weeks’ notice to the completeness and accuracy of all information contained in all Subscriber Reports relating DTH Operator, if the DTH Operator fails to such financial yearprovide the monthly subscriber report as per Clause 11(ii) above.
(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: Interconnection Agreement
SUBSCRIBER REPORTS. (a) The Operator shall maintain at its own expense a subscriber management system Subscriber Management System (“SMS”) which should be fully integrated with the Conditional Access System (“CAS”). The Operator shall provide to the Broadcaster RAJ GROUP complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Package tier and/or package containing the Subscribed Channels within seven (7) days from the end of each month in the format provided by RAJ GROUP. If any Subscriber has opted for more than one connection from the Operator and/or its Affiliate Cable Operator, all such format as is set forth additional connections must feature in Annexure C attached hereto or in such format as may be specified by the Broadcaster from time to time along with such other information as the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription Fees.
(b) Each Report. Such 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 Base (including but not limited to Level. The Monthly Average Subscriber Level is calculated by adding the number of Subscribers for each on the first and last day of the month in question 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 Channel and each Package in which a Subscribed Channel is included) Channels & packages and the Monthly Subscription License Fees payable to the Broadcaster, 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 Subscriber 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.
(c) Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV ServicePlatform, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly , and any actions, including but not limited to the Broadcaster filing of police reports and co-operate with lawsuits, taken against such perpetrators since the Broadcaster to take such action as per the Applicable Lawprior Subscriber Report or meeting. The obligation of Operator to provide to the Broadcaster RAJ GROUP the Subscriber Reports shall survive termination of this the Agreement until the Broadcaster RAJ GROUP receives the Subscriber Reports for each relevant month for which any Monthly Subscription Fees License Fee 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 RAJ GROUP to verify and ascertain (i) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (ii) the payments due to the Broadcaster 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. (ai) The Operator shall maintain at its own expense a subscriber management system (“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 the Broadcaster complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the 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 Broadcaster from time to time along with such other information as the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription License Fees.
(biii) Each Such Subscriber Reports shall be system generated only through SMS and CAS and the same should be in a pre- 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 Base (including but not limited to Level. The Subscriber Report shall include the number correct and updated details of Subscribers for each Subscribed Channel and each Package in which a Subscribed 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 Subscription License Fees payable to the Broadcaster, and . 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 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.
(civ) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV ServiceHITS Distribution System, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly to the Broadcaster and co-operate with the Broadcaster to take such action as per the Applicable Law. The obligation of Operator to provide to the Broadcaster the Subscriber Reports shall survive termination of this Agreement until the Broadcaster receives the Subscriber Reports for each relevant month for which any Monthly Subscription License 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.
(ev) 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 hereunderthereunder, 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. (a) The Operator shall maintain at its own expense a subscriber management system (“SMS”) Subscriber Management System which should be fully integrated with the CAS. The Operator shall provide to the Broadcaster complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the 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 Broadcaster from time to time along with such other information as the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription Fees.
(b) 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 Base (including but not limited to the number of Subscribers for each Subscribed Channel and each Package in which a Subscribed Channel is included) and the Monthly Subscription Fees payable to 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 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.
(c) Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV DTH Service, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly to the Broadcaster and co-operate with the Broadcaster to take such action as per the Applicable Law. The obligation of Operator to provide to the Broadcaster the Subscriber Reports shall survive termination of this Agreement until the Broadcaster receives the Subscriber Reports for each relevant month for which any Monthly 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. (ai) The Operator shall will maintain at its own expense a subscriber management system (“SMS”) which should be fully integrated with the CAS. The CAS (Conditional Access System).The Operator shall provide to the Broadcaster XXXXX SATCOM LTD complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the 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 XXXXX SATCOM LTD. If any Subscriber has opted for more than one connection from the Operator, all such format as is set forth additional connections must feature in Annexure C attached hereto or in such format as may be specified by the Broadcaster from time to time along with such other information as the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription FeesReport.
(bii) 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 Such reports shall specify all information required to calculate the Monthly Average Subscriber Base Level (including but not limited to the number of Subscribers for each Subscribed XXXXX SATCOM LTD Channel and each Package package in which a Subscribed XXXXX SATCOM LTD Channel is included) and the Monthly Subscription License Fees payable to the Broadcaster, 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 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.
(ciii) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Servicein its network, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly , and any actions, including but not limited to the Broadcaster filing of police reports and co-operate with lawsuits, taken against such perpetrators since the Broadcaster to take such action as per the Applicable Lawprior Subscriber Report. The obligation of Operator to provide to the Broadcaster XXXXX SATCOM LTD the Subscriber Reports shall survive termination of this the Agreement until the Broadcaster XXXXX SATCOM LTD receives the Subscriber Reports for each relevant month for which any Monthly Subscription Fees License Fee 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.
(eiv) 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 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 the Broadcaster XXXXX SATCOM LTD hereunder, and (iii) Operator’s Operator‟s compliance with its anti-piracy obligations as set out in this Agreement.
Appears in 1 contract
Samples: Subscription Agreement
SUBSCRIBER REPORTS. (ai) The Operator shall maintain at its own expense a subscriber management system (“SMS”) which should be fully integrated with the CAS. The Operator shall provide to the Broadcaster complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the 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 Broadcaster from time to time along with such other information as the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription License Fees.
(bii) Each Such Subscriber Reports shall be system generated only through SMS and CAS and the same should be in a pre- 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 Base (including but not limited to Level. The Subscriber Report shall include the number correct and updated details of Subscribers for each Subscribed Channel and each Package in which a Subscribed 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 Subscription License Fees payable to the Broadcaster, and . 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 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.
(ciii) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV ServiceHITS Distribution System, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly to the Broadcaster and co-operate with the Broadcaster to take such action as per the Applicable Law. The obligation of Operator to provide to the Broadcaster the Subscriber Reports shall survive termination of this Agreement until the Broadcaster receives the Subscriber Reports for each relevant month for which any Monthly Subscription License 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.
(eiv) 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. (a) I. The Operator shall will maintain at its own expense a subscriber management system (“SMS”) which should be fully integrated with the CAS. The CAS (Conditional Access System).The Operator shall provide to the Broadcaster BROADCASTER complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Package tier and/or 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 ANNEXURE ‐C attached hereto or in such format as may be specified provided by BROADCASTER. If any Subscriber has opted for more than one connection from the Broadcaster from time to time along with Operator, all such other information as additional connections must feature in the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription FeesReport.
(b) II. Each Subscriber Reports Report shall be system generated only through SMS and CAS and the same should be in a pre- defined 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 Base Level (including but not limited to the number of Subscribers for each Subscribed BROADCASTER Channel and each Package package in which a Subscribed BROADCASTER Channel is included) and the Monthly Subscription License Fees payable to the Broadcaster, 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 is true and correct. Any difference between the SMS and CAS reports shall have to be reconciled to the satisfaction of the BroadcasterBROADCASTER. Such provisioning of Subscriber Report shall constitute material breach of obligation on the part of the Operator.
(c) III. The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Servicein its network, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly , and any actions, including but not limited to the Broadcaster filing of police reports and co-operate with lawsuits, taken against such perpetrators since the Broadcaster to take such action as per the Applicable Lawprior Subscriber Report. The obligation of Operator to provide to the Broadcaster BROADCASTER the Subscriber Reports shall survive termination of this the Agreement until the Broadcaster BROADCASTER receives the Subscriber Reports for each relevant month for which any Monthly Subscription Fees License Fee 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) 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 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 BROADCASTER hereunder, and (iii) Operator’s compliance with its anti-piracy anti‐piracy obligations as set out in this Agreement.
Appears in 1 contract
Samples: Interconnect Agreement
SUBSCRIBER REPORTS. (ai) The Operator shall will maintain at its own expense a subscriber management system (“SMS”) SMS which should be fully integrated with the CAS. .
(ii) The Operator shall provide to the Broadcaster 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 such the format as is set forth in Annexure C attached hereto or in such format as may be specified provided by the Broadcaster KMSPL from time to time along with time. If any Subscriber has opted for more than one connection from the Operator, all such other information as additional connections must feature in the Broadcaster may require for determining Subscriber Report. Without prejudice to the Monthly Average foregoing, such Subscriber Base reports shall provide the names, complete address, areas served and number of Subscribers of each Affiliated Cable Operator served by the Monthly Subscription FeesOperator and also the number of Subscribers served by the Operator‟s own Cable Network.
(biii) 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 Such reports shall specify all information required to calculate the Monthly Average Subscriber Base Level (including but not limited to the number of Subscribers for each Subscribed KMSPL Channel and each Tier/Package in which a Subscribed KMSPL Channel is included) and the Monthly Subscription License Fees payable to the Broadcaster, 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 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.
(civ) The Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Serviceits network, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly , and any actions, including but not limited to the Broadcaster filing of police reports and co-operate with lawsuits, taken against such perpetrators since the Broadcaster to take such action as per the Applicable Lawprior Subscriber Report. The obligation of the Operator to provide to the Broadcaster KMSPL the Subscriber Reports shall survive termination of this the Agreement until the Broadcaster KMSPL receives the Subscriber Reports for each relevant month for which any Monthly Subscription License 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. (a) The Operator Affiliate shall maintain at its own expense a subscriber management system (“SMS”) SMS which should be fully integrated with the CAS. The Operator .
(b) With respect to each month of the Term, or part thereof, the Affiliate shall mandatorily provide to the Broadcaster the duly complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the Package containing the Subscribed Channels within seven (7) days from the end of each month Subscriber Report, in such format as is set forth in Annexure C attached hereto E or in such format as may be specified provided by the Broadcaster from time to time along with such other information as time, within seven (7) days of the Broadcaster may require for determining the Monthly Average immediate succeeding month (“Subscriber Base and the Monthly Subscription FeesReport Due Date”).
(bc) If any Subscriber has opted for more than one connection/STB from Affiliate, all such additional connections/STBs must feature in the Subscriber Report. Each such 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 Base (including but not limited to the number of Subscribers for each provide details that have been segregated Package wise, Subscribed Channel wise, city/area wise and each Package in which a Subscribed Channel is included) and the Monthly Subscription Fees payable to the Broadcaster, 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 Subscriber 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.
(c) Operator shall also include in its Subscriber Report comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Service, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly to the Broadcaster and co-operate with the Broadcaster to take such action as per the Applicable Law. The obligation of Operator to provide to the Broadcaster the Subscriber Reports shall survive termination of this Agreement until the Broadcaster receives the Subscriber Reports for each relevant month for which any Monthly Subscription Fees is payable.
(d) 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 supply also provide a report to the Broadcaster within 90 days after Broadcaster, which evidences in detail the end Affiliate’s full compliance with the applicable terms and conditions of each financial year during the Term, a statement availed Incentive Plan(s) (“Incentive Terms Compliance Report”). Each such reports shall also be signed and attested by an officer of the Operator Affiliate of a rank not less than Head of Department/Chief Financial Officer certifying as to the completeness and accuracy of who shall certify that all information contained in all the Subscriber Reports relating to such financial yearReport is true and correct.
(e) The Operator 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 the Subscriber Reports supplied by Operator Affiliate pursuant to this Clause, and (ii) the payments due to the Broadcaster hereunder, and (iii) OperatorAffiliate’s compliance with its anti-piracy anti‐piracy obligations as set out in this Agreement.
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Samples: Reference Interconnect Offer
SUBSCRIBER REPORTS. (ai) The Operator shall will maintain at its own expense a subscriber management system (“SMS”) which should be fully integrated with the CASCAS (Conditional Access System). The Operator shall provide to the Broadcaster complete and accurate opening and closing subscriber monthly reports for the Subscribed Channels and the 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 provided by Broadcaster. If any Subscriber has opted for more than one connection from the Broadcaster from time to time along with Operator, all such other information as additional connections must feature in the Broadcaster may require for determining the Monthly Average Subscriber Base and the Monthly Subscription FeesReport.
(bii) Each Subscriber Reports Report shall be system generated only through SMS and CAS and the same should be in a pre- 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 Base Level (including but not limited to the number of Subscribers for each Subscribed Channel and each Package in which a Subscribed Channel is included) and the Monthly Subscription License Fees payable to the Broadcaster, 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 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.
(ciii) The Operator shall also include in its Subscriber Report Report, comprehensive details of all incidents of piracy and signal theft involving the Operator’s IPTV Servicein its network, the names of perpetrators involved in such incidents. The Operator shall provide such information promptly to the Broadcaster and co-operate with the Broadcaster to take such action as per the Applicable Law. The obligation of Operator to provide to the Broadcaster the Subscriber Reports shall survive termination of this the Agreement until the Broadcaster receives the Subscriber Reports for each relevant month for which any Monthly Subscription Fees License Fee 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.
(eiv) 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 (ia) veracity of the Subscriber Reports supplied by Operator pursuant to this Clause, (iib) the payments due to the Broadcaster hereunder, and (iiic) Operator’s compliance with its anti-piracy obligations as set out in this Agreement.
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Samples: Subscription Agreement