Common use of Content of the Service Clause in Contracts

Content of the Service. (a) Throughout the Term, the Service shall be a twenty-four (24) hour per day, seven (7) day per week, professionally produced, satellite-delivered Spanish language programming service consisting exclusively of Spanish-language general entertainment programming, including (but not limited to) Mexican-produced movies, variety, talk and other shows, educational programs, children's programming, boxing and other sports programming, and news, all similar (in terms of the nature, content, type and quality of programs) to the programming on the program schedule attached hereto as Exhibit B. During each month of the Term, Network shall send a copy of its monthly program schedule to Affiliate, in care of: Programming Department. Network agrees that the Service (including any advertisements contained therein) will not contain (i) programming that has received, or had it been rated would have received, an MPAA "X" or "NC-17" rating; (ii) more than two (2) hours per calendar day of religious programming, provided that none of such religious programming shall be of a proselytizing nature that includes any solicitation or request for donations, contributions or payments of any kind, whether monetary or otherwise; (iii) a sufficient quantity of music videos such that the Service could be characterized as a music video service; (iv) a sufficient quantity of children's programming such that the Service could be characterized as a children's programming service; (v) live or taped excerpts or entire portions of actual courtroom trials, hearings or other similar proceedings as a substantial component of the programming; (vi) pay-per-view movies or events; (vii) financial news; (viii) blackouts; (ix) surcharges; (x) promotion or marketing of "800," "888," "900," or "976" telephone services, or other similar services that ▇▇▇▇ a caller for placing or confirming the call (other than for the telephone company's cost of the call), that relates directly or indirectly to gambling, the occult, astrological, psychic, sexual or romantic activities or other adults-only services, or that is directed at children; or (xi) direct on-air sales programming (as defined herein) in excess of three (3) hours in any one (1) calendar day, which may only occur between the hours of 12:00 a.m. and 6:00 a.m., prevailing Eastern Time, subject to the qualifications set forth in Section 3(i) hereof, provided that none of such direct on-air sales programming shall be telecast on the weekends.

Appears in 1 contract

Sources: Affiliation Agreement (Hispanic Television Network Inc)

Content of the Service. (a) Throughout the Term, Term the programming on the Service shall be a twentyconsist of long-four (24) hour per dayform aerobic workouts; workouts which focus on body building, seven (7) day per week, professionally produced, satellite-delivered Spanish language programming service consisting exclusively of Spanish-language general entertainment programmingshaping and/or toning; news and views on health topics, including nutrition, weight loss, food, cooking, skin and hair care and vitamins; sporting events (but e.g. ---- aerobic competitions) specifically relating to health and fitness (as opposed to other skills or other athletic competitions generally), provided that the Service shall not limited toinclude more than fifteen (15) Mexicanhours of such sporting events in any calendar month; and a segment currently known as "Fitness Plus" which demonstrates high quality health and fitness products and merchandise for purchase by an advertised 1-produced movies800 product information and ordering number, variety, talk and other shows, educational programs, children's programming, boxing and other sports programming, and news, all such programming to be similar (in terms of the nature, content, type and quality of programs) to the programming on the program schedule attached hereto as Exhibit B. During B, and no other programming of any other type or variety whatsoever. Network shall, during each month of the Term, Network shall send a one (1) copy of its monthly program schedule to Affiliate, in care of: Programming Department. Network agrees that the Service (including any advertisements contained therein) will shall not contain (i) any programming that has received, or had it been rated would have received, an MPAA "X" or "NC-17" rating; (ii) more than two sixty (260) hours minutes on one day per calendar week (which day shall be Sunday) of religious programming, provided that none of any such religious programming shall must be of a proselytizing nature that includes explicitly health and fitness related and may not contain any solicitation or request for donations, contributions or payments of any kind, whether monetary or otherwisefunds; (iii) a sufficient quantity of music videos such that the Service could be characterized as a music video service; or (iv) a sufficient quantity of children's programming such that the Service could be characterized as a children's programming service; (v) live or taped excerpts or entire portions of actual courtroom trials, hearings or other similar proceedings as a substantial component of the programming; (vi) pay-per-view movies or events; (vii) financial news; (viii) blackouts; (ix) surcharges; (x) promotion or marketing of "800," "888," "900," or "976" telephone services, or other similar services that ▇▇▇▇ a caller for placing or confirming the call (other than for the telephone company's cost of the call), that relates directly or indirectly to gambling. In addition, the occult, astrological, psychic, sexual or romantic activities or other adults-only services, or that is directed at children; or (xi) Service shall not contain any "direct on-air sales programming sales" (as defined hereinbelow) in excess of three programming other than: (3A) hours in any one (1) calendar day, which may only occur between the hours of 12:00 1:00 a.m. and 6:00 a.m., prevailing Eastern Time (and in the event Network provides both an eastern and a western feed of the signal of the Service, between the hours of 1:00 a.m. and 6:00 a.m. Pacific Time for the western feed), and (B) up to thirty (30) minutes each day, which such thirty (30) minutes shall not be during "Prime Time." For purposes of this Section 3(a), subject to "Prime Time" shall mean the qualifications set forth time between 8:00 p.m. and 11:00 p.m., Eastern Time (and in Section 3(ithe event Network provides both an eastern and a western feed of the signal of the Service, between the hours of 8:00 p.m. and 11:00 p.m. Pacific Time for the western feed). "Direct on-air sales" programming shall mean any programming (except for the segment of the Service currently known as "Fitness Plus") hereof, provided that none of such which is over two (2) minutes in length and includes the direct on-air marketing and/or sales programming shall of products and/or services, including, without limitation, home-shopping and "infomercials," and which may include product or service demonstrations, promotions, testimonials, and/or referrals and may be telecast on the weekendsin a documentary, talk-show, news, information or other disguised format.

Appears in 1 contract

Sources: Affiliation Agreement (International Family Entertainment Inc)