Common use of Content Protection Requirements Clause in Contracts

Content Protection Requirements. The New Schedule B to the Original Agreement is deleted and replaced in its entirety with the Schedule B attached to this Amendment #10 (“Schedule B”); and shall apply to all exploitation of Included Pictures under the Original Agreement, as amended hereby, whether such exploitation takes place during an Early Window VOD Term or otherwise. In the event of a conflict between the terms of Schedule B, as attached hereto, and any other terms relating to content protection or security requirements and obligations set forth in the Original Agreement, as amended hereby, the terms of Schedule B shall control. Licensee Marketing Commitments. Licensee will in good faith make reasonable efforts to promote the availability of Early Window Titles in the Early Window Test in Toronto. Licensee shall match, in the form of marketing spend for the Early Window Test, the amount that Licensor spends on marketing the Early Window Test in Toronto during the Early Window Test Term. Licensee shall brand the Early Window Test as “Home Premiere” or such other brand as Licensor shall specify. Without limiting the generality of the foregoing, Licensee shall promote the availability of Early Window Titles on the Licensed Service as follows (the “Minimum Marketing Requirements”): promotion of each Early Window Title shall utilize marketing tactics including, but not limited to, ▇▇▇▇▇▇ channel placement, consistent and prominent IPG placement, click-through banners, e-mail blasts, ▇▇▇▇ stuffers, and a dedicated folder branded Home Premiere or such other brand as Licensor shall specify; Each Early Window Title shall include a promotional tag promoting the availability of other Sony VOD titles on Licensee’s service; Licensee may not market with respect to any Early Window Title during the two week period after Widest Theatrical Release of such Early Window Title; Licensee will treat Licensor in a non-discriminatory fashion with respect to its marketing of Early Window Titles vis-à-vis its marketing of titles that other content providers include in an early, pre-DVD release VOD offering during the Early Window Test Term based on a comparable level of title commitment; provided that Licensor shall provide Licensee with a comparable level of support and financial commitment, if any, that other content providers contribute for such marketing; Licensee shall mutually agree with Licensor upon all marketing materials related to Early Window Titles and the Early Window Test; and Each Home Premiere title shall include a promotional tag promoting the availability of other Licensor VOD titles on the Licensed Service. Notwithstanding anything to the contrary herein, (i) Licensee will not promote the Licensed Service, the Early Window Test or VOD as an alternative to the in-theater viewing experience with regard to any Early Window Title(s) then playing in theaters;(ii) Licensee will not promote Early Window Titles in such manner that it discourages the in-theater experience and (iii) Licensee shall only advertise, market and/or promote the availability of the Early Window Titles as part of the Early Window Test or the Early Window Test, generally, within Toronto, Canada. If Licensor requires Licensee to use the Home Premiere trademark pursuant to this Section 2.6, then such branding and messaging will be incorporated into all promotional materials distributed by Licensee in compliance with standards established by the DEG and subject to the Trademark Guidelines set forth as Exhibit 1 hereto. Licensee shall provide monthly accountings (within thirty (30) days after the month) to Licensor setting forth an itemization of the promotional activity conducted by Licensee pursuant to this Section 2.6.

Content Protection Requirements. The New Schedule B to the Original Agreement is deleted and replaced in its entirety with the Schedule B attached to this Amendment #10 (“Schedule B”); and shall apply to all exploitation of Included Pictures under the Original Agreement, as amended hereby, whether such exploitation takes place during an Early Window VOD Term or otherwise. In the event of a conflict between the terms of Schedule B, as attached hereto, and any other terms relating to content protection or security requirements and obligations set forth in the Original Agreement, as amended hereby, the terms of Schedule B shall control. Licensee Marketing Commitments. Licensee will in good faith make reasonable efforts to promote the availability of Early Window Titles in the Early Window Test in Toronto. Licensee shall match, in the form of marketing spend for the Early Window Test, the amount that Licensor spends on marketing the Early Window Test in Toronto during the Early Window Test Term. Licensee shall brand the Early Window Test as “Home Premiere” or such other brand as Licensor shall specify. Without limiting the generality of the foregoing, Licensee shall promote the availability of Early Window Titles on the Licensed Service as follows (the “Minimum Marketing Requirements”): promotion of each Early Window Title shall utilize marketing tactics including, but not limited to, ▇▇▇▇▇▇ channel placement, consistent and prominent IPG placement, click-through banners, e-mail blasts, ▇▇▇▇ bill stuffers, and a dedicated folder branded Home Premiere or such other brand as Licensor shall specify; Each Early Window Title shall include a promotional tag promoting the availability of other Sony VOD titles on Licensee’s service; Licensee may not market with respect to any Early Window Title during the two week period after Widest Theatrical Release of such Early Window Title; Licensee will treat Licensor in a non-discriminatory fashion with respect to its marketing of Early Window Titles vis-à-vis its marketing of titles that other content providers include in an early, pre-DVD release VOD offering during the Early Window Test Term based on a comparable level of title commitment; provided that Licensor shall provide Licensee with a comparable level of support and financial commitment, if any, that other content providers contribute for such marketing; Licensee shall mutually agree with Licensor upon all marketing materials related to Early Window Titles and the Early Window Test; and Each Home Premiere title shall include a promotional tag promoting the availability of other Licensor VOD titles on the Licensed Service. Notwithstanding anything to the contrary herein, (i) Licensee will not promote the Licensed Service, the Early Window Test or VOD as an alternative to the in-theater viewing experience with regard to any Early Window Title(s) then playing in theaters;(ii) Licensee will not promote Early Window Titles in such manner that it discourages the in-theater experience and (iii) Licensee shall only advertise, market and/or promote the availability of the Early Window Titles as part of the Early Window Test or the Early Window Test, generally, within Toronto, Canada. If Licensor requires Licensee to use the Home Premiere trademark pursuant to this Section 2.6, then such branding and messaging will be incorporated into all promotional materials distributed by Licensee in compliance with standards established by the DEG and subject to the Trademark Guidelines set forth as Exhibit 1 hereto. Licensee shall provide monthly accountings (within thirty (30) days after the month) to Licensor setting forth an itemization of the promotional activity conducted by Licensee pursuant to this Section 2.6.