Common use of Timing of Promotion Clause in Contracts

Timing of Promotion. If an Included Program has an Availability Date that is less than forty-five (45) days after its Home Video Rental Street Date, Licensor may establish a date prior to which no marketing or promotion may occur for any title (“Announce Date”), in which case Licensee may not “pre-promote” such title prior to such Announce Date, to include, without limitation: (a) solicit any pre-orders; (b) advertise referencing price or release date; or (c) use any title-related images or artwork. Violation of this provision shall constitute a material breach of the Agreement. If no Announce Date is specified by Licensor, Licensee shall have the right to promote on the Licensed Service and otherwise to the general public the upcoming availability of each Included Program during the period starting no more than thirty (30) days before its Availability Date unless otherwise directed by Licensor (and in no event may Licensee promote any title prior to receiving an Availability Notice for such title) and to continue promoting such availability through the last day of the Term. If no Announce Date is specified by Licensor, Licensee may promote the upcoming exhibition of an Included Program on the Licensed Service in printed materials distributed directly and solely to Customers not earlier than forty-five (45) days prior to the Availability Date of such Included Program unless otherwise directed by Licensor (and in no event may Licensee promote any title prior to receiving an Availability Notice for such title) and to continue promoting such availability through the last day of the Term. Licensee shall not promote any Included Program after the expiration of the Term or after the withdrawal of such Included Program hereunder. In no event may Licensee promote any Included Program prior to receiving an availability list containing such program. Messaging of Promotion. If any announcement, promotion or advertisement for an Included Program is more than ten (10) days in advance of its Availability Date, Licensee shall only announce and/or promote and/or advertise (in any and all media) its future availability on the Licensed Service by referring to its specific Availability Date. By way of example, in such case “Coming to ________ September 10” would be acceptable, but “Coming soon on _______” would not be acceptable; or If any announcement, promotion or advertisement for an Included Program is ten (10) or fewer days in advance of its Availability Date, Licensee shall have the right to announce and/or promote and/or advertise (in any and all media) its future availability by referring generally to its upcoming availability or referring to its specific Availability Date. By way of example, in such case both “Coming to _______ September 10” and “Coming soon on _______” would be acceptable.

Timing of Promotion. If an Included Program has an Availability Date that is less than forty-five (45) days after its Home Video Rental Street Date, Licensor may establish a date prior to which no marketing or promotion may occur for any title (“Announce Date”), in which case Licensee may not “pre-promote” such title prior to such Announce Date, to include, without limitation: (a) solicit any pre-orders; (b) advertise referencing price or release date; or (c) use any title-related images or artwork. Violation of this provision shall constitute a material breach of the Agreement. If no Announce Date is specified by Licensor, Licensee shall have the right to promote on the Licensed Service and otherwise to the general public the upcoming availability of each Included Program during the period starting no more than thirty (30) days before its Availability Date unless otherwise directed by Licensor Xxxxxxxx (and in no event may Licensee promote any title prior to receiving an Availability Notice for such title) and to continue promoting such availability through the last day of the Term. If no Announce Date is specified by Licensor, Licensee may promote the upcoming exhibition of an Included Program on the Licensed Service in printed materials distributed directly and solely to Customers not earlier than forty-five (45) days prior to the Availability Date of such Included Program unless otherwise directed by Licensor Xxxxxxxx (and in no event may Licensee promote any title prior to receiving an Availability Notice for such title) and to continue promoting such availability through the last day of the Term. Licensee shall not promote any Included Program after the expiration of the Term or after the withdrawal of such Included Program hereunder. In no event may Licensee promote any Included Program prior to receiving an availability list containing such program. Messaging of Promotion. If any announcement, promotion or advertisement for an Included Program is more than ten (10) days in advance of its Availability Date, Licensee shall only announce and/or promote and/or advertise (in any and all media) its future availability on the Licensed Service by referring to its specific Availability Date. By way of example, in such case “Coming to ________ September 10” would be acceptable, but “Coming soon on _______” would not be acceptable; or If any announcement, promotion or advertisement for an Included Program is ten (10) or fewer days in advance of its Availability Date, Licensee shall have the right to announce and/or promote and/or advertise (in any and all media) its future availability by referring generally to its upcoming availability or referring to its specific Availability Date. By way of example, in such case both “Coming to _______ September 10” and “Coming soon on _______” would be acceptable.

Timing of Promotion. 12.2.1 If an Included Program has an Availability Date that is less than forty-five (45) days after its Home Video Rental Street Date, Licensor may establish a date prior to which no marketing or promotion may occur for any title (““ Announce Date”), in which case Licensee may not ““ pre-promote” such title prior to such Announce Date, to include, without limitation: (a) solicit any pre-orders; (b) advertise referencing price or release date; or (c) use any title-related images or artwork. Violation of this provision shall constitute a material breach of the Agreement. . 12.2.2 If no Announce Date is specified by Licensor, Licensee shall have the right to promote on the Licensed Service and otherwise to the general public the upcoming availability of each Included Program during the period starting no more than thirty (30) days before its Availability Date unless otherwise directed by Licensor (and in no event may Licensee promote any title prior to receiving an Availability Notice for such title) and to continue promoting such availability through the last day of the Term. its License Period. 12.2.3 If no Announce Date is specified by Licensor, Licensee may promote the upcoming exhibition of an Included Program on the Licensed Service in printed materials distributed directly and solely to Customers not earlier than forty-five (45) days prior to the Availability Date of such Included Program unless otherwise directed by Licensor (and in no event may Licensee promote any title prior to receiving an Availability Notice for such title) and to continue promoting such availability through the last day of the Term. such Included Program ’s License Period. 12.2.4 Licensee shall not promote any Included Program after the expiration of the Term License Period for such Included Program or after the withdrawal of such Included Program hereunder. In no event may Licensee promote any Included Program prior to receiving an availability list containing such program. Messaging of Promotion. If any announcement, promotion or advertisement for an Included Program is more than ten (10) days in advance of its Availability Date, Licensee shall only announce and/or promote and/or advertise (in any and all media) its future availability on the Licensed Service by referring to its specific Availability Date. By way of example, in such case “Coming to ________ September 10” would be acceptable, but “Coming soon on _______” would not be acceptable; or If any announcement, promotion or advertisement for an Included Program is ten (10) or fewer days in advance of its Availability Date, Licensee shall have the right to announce and/or promote and/or advertise (in any and all media) its future availability by referring generally to its upcoming availability or referring to its specific Availability Date. By way of example, in such case both “Coming to _______ September 10” and “Coming soon on _______” would be acceptable.