Direct Consumer Level definition

Direct Consumer Level. The Direct Consumer Level means the level of Videogram distribution at which Videograms are sold or rented directly to the paying public. The Direct Consumer Level includes the sale or rental of Videograms by means of retail outlets, mail order, video clubs, and similar methods. Where Commercial Video or Public Video rights are licensed, the Direct Consumer Level also includes the authorized public performance, exhibition, or diffusion of Videograms in accordance with such Licensed Right. Distributor will not be deemed to be engaged in distribution at the Direct Consumer Level unless such distribution is performed by a Distributor Affiliate, or unless Distributor participates in the profits from such distribution, and then only to the extent of such participation.
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Direct Consumer Level means the level of distribution at which Laser Videodiscs are distributed directly by PIONEER to the retail consumer, including, but not limited to, sales through any direct response distribution method such as any direct mail or mail order distribution, telephone order, any "Club Plan" (as hereinafter defined), home shopping networks, "800" and "900" numbers, infomercials and similar methods of "order" distribution. A "Club Plan" shall refer to the distribution at the Direct Consumer Level of Laser Videodiscs (a) under a plan or arrangement through which a subscriber thereto is obligated to purchase a number of Laser Videodiscs within a specific period of time or a plan under which Laser Videodiscs are shipped automatically to customers at specific intervals, or a combination thereof, (b) under a plan or arrangement through which a subscriber (who may or may not have any obligation to purchase a specific number of Laser Videodiscs within a specific period of time) shall purchase Laser Videodiscs on a positive option basis (i.e., no automatic shipments), and (c) through PIONEER's direct mail club presently referred to as "PIONEER's Laserdisc Fan Club". PIONEER is currently party to an agreement with Columbia House dated April 7, 1993 ("Columbia House Agreement") pursuant to which PIONEER has granted to Columbia House a non-exclusive license to sell Laser Videodiscs embodying the Programs during the Term throughout the Territory at the Direct Consumer Level only through Club Plans. The term of the Columbia House Agreement shall expire on September 30, 1995. PIONEER will not renew, extend or replace the Columbia House Agreement without LIVE's prior written consent, which consent LIVE shall not unreasonably withhold, if and to the extent any such renewal, extension or replacement agreement will cover any or all of the Programs licensed hereunder. Even if LIVE shall consent to PIONEER's renewal, extension or replacement of the Columbia House Agreement, the term of such agreement shall expire no later than upon the expiration or termination of the Term of this Agreement. If PIONEER shall renew, extend or replace the Columbia House Agreement with LIVE's prior consent, then PIONEER agrees that fifty percent (50%) of any and all monies, including advance payments (which if received by PIONEER in consideration of a grant of rights in and to the Programs together with other motion pictures shall be fairly and reasonably allocated by PIONEER amongst the Programs and ...
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Direct Consumer Level. The Direct Consumer Level means the level of Videogram distribution at which Videograms are sold or rented directly to the paying public. The "Direct Consumer Level" includes the sale or rental of Videograms by means of retail outlets, mail order, video clubs, and similar methods. Where Commercial Video or Public Video rights are licensed, the Direct Consumer Level also includes the authorized public performance, exhibition, or diffusion of Videograms in accordance with the such Licensed Right. Distributor will not be deemed to be engaged in distribution at the Direct Consumer Level unless such distribution is performed by a Distributor Affiliate, or unless Distributor participates in the profits from such distribution, and then only to the extent of such participation. 7.5 Royalty Income: All amounts collected by any collecting society, authors' rights organization, performing rights society or governmental agency that are payable to authors, producers, performers or other Persons and that arise from royalties, compulsory licenses, cable retransmission income, music performance royalties, tax rebates, exhibition surcharges, levies on blank Videograms or hardware, rental or lending royalties, or the like, will as between Licensor and Distributor be the sole property of Licensor and will not be included in or credited to any Gross Receipts. Licensor has the sole right to apply for and collect all these amounts. If any of them are paid to Distributor then Distributor will immediately remit them to Licensor with an appropriate statement identifying the payment. 7.6 Rebates and Subsidies: The following amounts, if received by used by or credited to Distributor, any Distributor Affiliate or any approved subdistributor or agent, will not be included in Gross Receipts but will be used to reduce Recoupable Distribution Costs: (i) print, publicity and similar subsidies for the cost of releasing, advertising or publicizing the Picture; (ii) income from publicity tie-ins; or (iii) freight, print, trailer, advertising and other cost recoveries, rebates, refunds or discounts from exhibitors, approved subdistributors or other Persons. 7 <PAGE> 8. RECOUPABLE DISTRIBUTION COSTS 8.1 Recoupable Distribution Costs - Defined: "Recoupable Distribution Costs" mean all direct, auditable, out-of-pocket, reasonable and necessary costs, exclusive of salaries and overhead, and less any discounts, credits, rebates or similar allowances, actually paid by Distributor for exploiting eac...
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Examples of Direct Consumer Level in a sentence

  • The "Direct Consumer Level" includes the sale or rental of Videograms by means of retail outlets, mail order, video clubs, and similar methods.

  • Where Commercial Video or Public Video rights are licensed, the Direct Consumer Level also includes the authorized public performance, exhibition, or diffusion of Videograms in accordance with the such Licensed Right.

  • Distributor will not be deemed to be engaged in distribution at the Direct Consumer Level unless such distribution is performed by a Distributor Affiliate, or unless Distributor participates in the profits from such distribution, and then only to the extent of such participation.

  • This means that Gross Receipts derived from the exploitation of any of the following Rights licensed must be calculated at the following levels: (i) for Home Video Rental, Home Video Sellthru, TVOD, SVOD, NVOD or EST Rights, at Wholesale Level or Direct Consumer Level as applicable; (ii) for Commercial Video or Public Video Rights, at the level at which payments are remitted by local exhibitors of the Program(s).

Related to Direct Consumer Level

  • Post-consumer recovered material means any product used by a consumer, including a business that purchases the material, that has served its intended end use, and that has been separated or diverted from the solid waste stream for the purpose of use, reuse, or recycling.

  • Post-Consumer Waste means any product generated by a business or consumer which has served its intended end use, and which has been separated or diverted from solid waste for the purpose of recycling into a usable commodity or product, and which does not include post-industrial waste.

  • The Consumer Price Index means the Consumer Price Index for Canada as published by Statistics Canada (1971 = 100) and hereinafter called the C.P.I.

  • Post-consumer material means a material or finished product that has served its intended use and has been discarded for disposal or recovery, having completed its life as a consumer item. Post consumer material is a part of the broader category of "recycled content."

  • Barrier Level means the Barrier Level as specified in § 1 of the Product and Underlying Data.

  • Consumer Price Index means the Consumer Price Index for

  • Consumer product means a chemically formulated product used by household and institutional consumers including, but not limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products; but does not include other paint products, furniture coatings, or architectural coatings. As used in this article, the term “consumer product” shall also refer to aerosol adhesives, including aerosol adhesives used for consumer, industrial, and commercial uses.

  • Related Consumer Action means a private action by or on behalf of one or more consumers or an enforcement action by another governmental agency brought against Respondent based on substantially the same facts as described in Section IV of this Consent Order.

  • Consumer fireworks means fireworks devices that are designed to produce visible effects by combustion, that are required to comply with the construction, chemical composition, and labeling regulations promulgated by the United States consumer product safety commission under 16 CFR parts 1500 and 1507, and that are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Consumer fireworks does not include low-impact fireworks.

  • Consumer account means an account established primarily for personal, family, or household use.

  • Working level month (WLM) means an exposure to 1 working level for 170 hours (2,000 working hours per year divided by 12 months per year is approximately equal to 170 hours per month).

  • Working level (WL) means any combination of short-lived radon daughters in 1 liter of air that will result in the ultimate emission of 1.3E+5 MeV of potential alpha particle energy. The short-lived radon daughters are—for radon-222: polonium-218, lead-214, bismuth-214, and polonium-214; and for radon-220: polonium-216, lead-212, bismuth-212, and polonium-212.

  • service consumer means any person that receives or uses a service;

  • Investigative consumer report means a consumer report or portion thereof in which information about a natural person's character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with the person's neighbors, friends, associates, acquaintances, or others who may have knowledge concerning such items of information.

  • Ultimate consumer means any person who buys otherwise than—

  • Consumer advocate means the consumer advocate referred to in Iowa Code chapter 475A.

  • Consumer-goods transaction means a consumer transaction in which:

  • Mean Sea Level means the average height of the sea for all stages of the tide. It is used as a reference for establishing various elevations within the floodplain. For the purposes of this Ordinance, the term is synonymous with the National Geodetic Vertical Datum (NGVD) of 1929, the North American Vertical Datum (NAVD) of 1988, or other datum, to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced.

  • Postconsumer waste means a finished material that would normally be

  • RBC level means an insurer's company action level RBC, regulatory action level RBC, authorized control level RBC, or mandatory control level RBC where:

  • Digital Signal Level 1 (DS-1 means the 1.544 Mbps first level signal in the time division multiplex hierarchy.

  • Total Evaluated CRIS MW means the Additional CRIS MW requested plus either (i) if the Installed Capacity Supplier previously received an exemption under Sections 23.4.5.7.2(b), 23.4.5.7.6(b), 23.4.5.7.7 or 23.4.5.7.8, all prior Additional CRIS MW since the facility was last exempted under Sections 23.4.5.7.2(b), 23.4.5.7.6(b), or 23.4.5.7.8, or (ii) for all other Installed Capacity Suppliers, all MW of Capacity for which an Examined Facility obtained CRIS pursuant to the provisions in ISO OATT Sections 25, 30, or 32 (OATT Attachments S, X, or Z). For purposes of Section 23.4.5 of this Attachment H, “UCAP Offer Reference Level” shall mean a dollar value equal to the projected clearing price for each ICAP Spot Market Auction determined by the ISO on the basis of the applicable ICAP Demand Curve and the total quantity of Unforced Capacity from all Installed Capacity Suppliers in a Mitigated Capacity Zone for the period covered by the applicable ICAP Spot Market Auction. For purposes of Section 23.4.5 of this Attachment H, “Unit Net CONE” shall mean localized levelized embedded costs of a specified Installed Capacity Supplier, including interconnection costs, and for an Installed Capacity Supplier located outside a Mitigated Capacity Zone including embedded costs of transmission service, in either case net of likely projected annual Energy and Ancillary Services revenues, and revenues associated with other energy products (such as energy services and renewable energy credits, as determined by the ISO, translated into a seasonally adjusted monthly UCAP value using an appropriate class outage rate. The Unit Net CONE of an Installed Capacity Supplier that has functions beyond the generation or transmission of power shall include only the embedded costs allocated to the production and transmission of power, and shall not net the revenues from functions other than the generation or transmission of power.

  • Earned value management system means an earned value management system that complies with the earned value management system guidelines in the ANSI/EIA-748.

  • Motor-driven cycle means every motorcycle that has a gasoline engine that (i) displaces less than

  • Eligible Consumer means a consumer of electricity in the area of supply of the distribution licensee, who uses a rooftop solar system installed in the consumer premises, to offset part or all of the consumer's own electrical requirements, given that such systems can be self-owned or third party owned;

  • Acceptable earned value management system means an earned value management system that generally complies with system criteria in paragraph (b) of this clause.