Common use of Content Standards Clause in Contracts

Content Standards. Before the Service Provider Services are launched, Service Provider and Sprint will mutually agree on each individual content channel included in the Service Provider Services and list it on Exhibit B of this Agreement. Thereafter, any additional mutually agreed upon content channel will be added to Exhibit B of this Agreement without the need for a formal amendment hereof. As part of the approval process, the parties will mutually make an initial determination of whether each such content channel is appropriate under the content standards defined below. If a content provider changes its programming standard from what was previously agreed to by Sprint and Service Provider such that it violated the content standards (i.e. it changes programming and starts including TV MA programming where previously it had only provided TV14), it will be treated in the same manner as other content standards violations set forth below. .Materials that are included in the Service Provider Services will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content that is defamatory, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; or (e) disparage, defame, or discredit Sprint or any Sprint Affiliate, or contain content that is derogatory, detrimental, or reflects unfavorably on the name or business reputation of Sprint or any Sprint Affiliate. Subsections (a) through (e) above are collectively referred to as the “Content Standards.” If at any time Sprint determines in its sole discretion that Service Provider has violated any of the Content Standards, Sprint may temporarily suspend the Service Provider Services. Sprint will notify Service Provider of the suspension in writing or via e-mail and Service Provider must cure the violation within 5 business days (the “Cure Period”) after this notification by removing the portion of the Service Provider Services that violates the Content Standards. If Service Provider reasonably disputes Sprint’s determination of a Content Standards violation, the parties will confer in good faith and attempt to resolve the dispute during the Cure Period, but in all cases Sprint will make the final determination. Sprint may continue the suspension of the Service Provider Services during the Cure Period. If Service Provider fails to cure the Content Standards violation within the Cure Period, Sprint may, without further notice, immediately terminate is Agreement. Service Provider may in its * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. discretion remove any particular content channel from Service Provider Services at any time and replace it with one or more content channels of equal or greater value with 30 days notice to Sprint prior to the content channel replacement. Service Provider will promptly notify Sprint if it: (a) receives a complaint from a User that involves any of the prohibitions in the Content Standards; or (b) otherwise becomes aware of an alleged Content Standards violation. Sprint also reserves the right to review content channels before they are included as part of Service Provider Services to determine if they violate the Content Standards. If during this review Sprint determines in its sole discretion that any materials violate any of the Content Standards, Sprint will notify Service Provider and Service Provider will remove the violating materials before the Service Provider Services will be transmitted to Users. Service Provider will not, and will not assist any third party to, make fraudulent charges for Service Provider Services, mislead Users concerning Service Provider Services, or misrepresent the nature of Service Provider Services to Users. Sprint reserves the right to suspend Service Provider Services if Sprint determines, in its sole discretion, that any Service Provider Services are fraudulent, misleading to Users, or being misrepresented to Users.

Content Standards. Before the Service Provider Services are launched, Service Provider The Applications and Sprint will mutually agree on each individual content channel included in the Service Provider Services and list it on Exhibit B of this Agreement. Thereafter, any additional mutually agreed upon content channel will be added to Exhibit B of this Agreement without the need for a formal amendment hereof. As part of the approval process, the parties will mutually make an initial determination of whether each such content channel is appropriate under the content standards defined below. If a content provider changes its programming standard from what was previously agreed to by Sprint and Service Provider such that it violated the content standards (i.e. it changes programming and starts including TV MA programming where previously it had only provided TV14), it will be treated in the same manner as other content standards violations set forth below. .Materials that are included in the Service Provider Services marketing materials will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content that is defamatory, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; or (e) disparage, defame, or discredit Sprint or any Sprint Affiliate, or contain content that is derogatory, detrimental, or reflects unfavorably on the name or business reputation of Sprint or any Sprint Affiliate. Subsections (a) through (e) above are collectively referred to as the “Content Standards.” If at any time Sprint determines in its sole discretion that Service Provider Company has violated any of the Content Standards, Sprint may temporarily suspend the Service Provider Services[*****]. Sprint will notify Service Provider Company of the suspension in writing or via e-mail and Service Provider Company must cure the violation within 5 business days five (5) Business Days (the “Cure Period”) after this notification by removing the portion of the Service Provider Services Company’s services that violates violate the Content Standards. If Service Provider Company reasonably disputes Sprint’s determination of a Content Standards violation, the parties will confer in good faith and attempt to resolve the dispute during the Cure Period, but in all cases Sprint will make the final determination. Sprint may continue the suspension of the Service Provider Services this Agreement during the Cure Period. If Service Provider Company fails to cure the Content Standards violation within the Cure Period, Sprint may, without further notice, immediately terminate is [*****] this Agreement. Service Provider may in its * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. discretion remove any particular content channel from Service Provider Services at any time and replace it with one or more content channels of equal or greater value with 30 days notice to Sprint prior to the content channel replacement. Service Provider Company will promptly notify Sprint if it: (a) receives a complaint from a User that involves any of the prohibitions in the Content Standards; or (b) otherwise becomes aware of an alleged Content Standards violation. Sprint also reserves the right to review content channels before they are included as part of Service Provider Services to determine if they violate the Content Standards. If during this review Sprint determines in its sole discretion that any materials violate any of the Content Standards, Sprint will notify Service Provider and Service Provider will remove the violating materials before the Service Provider Services will be transmitted to Users. Service Provider Company will not, and will not assist any third party to, make fraudulent charges for Service Provider ServicesCompany’s Applications and services, mislead Users concerning Service Provider ServicesUsers, or misrepresent the nature of Service Provider Services Company’s Applications and services to Users. Sprint reserves the right to suspend Service Provider Services [*****] this Agreement if Sprint determines, in its sole discretion, determines that any Service Provider Services of Companies activities related to this Agreement are fraudulent, misleading to Users, or being misrepresented to Users.

Content Standards. Before the Service Provider Services are launched, Service Provider and Sprint will mutually agree on each individual content channel included in the Service Provider Services and list it on Exhibit B of this Agreement. Thereafter, any additional mutually agreed upon content channel will be added to Exhibit B of this Agreement without the need for a formal amendment hereof. As part of the approval process, the parties will mutually make an initial determination of whether each such content channel is appropriate under the content standards defined below. If a content provider changes its programming standard from what was previously agreed to by Sprint and Service Provider such that it violated the content standards (i.e. it changes programming and starts including TV MA programming where previously it had only provided TV14), it will be treated in the same manner as other content standards violations set forth below. .Materials Materials that are included in the Service Provider Sorrent Services will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content that is defamatory, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; or (e) disparage, defame, or discredit Sprint or any Sprint Affiliate, or contain content that is derogatory, detrimental, or reflects unfavorably on the name or business reputation of Sprint or any Sprint Affiliate. Subsections (a) through (e) above are collectively referred to as the “Content Standards.” If at any time Sprint determines in its sole discretion that Service Provider Sorrent has violated any of the Content Standards, Sprint may temporarily suspend the Service Provider Sorrent Services. Sprint will notify Service Provider Sorrent of the suspension in writing or via e-mail and Service Provider Sorrent must cure the violation within 5 3 business days (the “Cure Period”) after this notification by removing the portion of the Service Provider Sorrent Services that violates the Content Standards. If Service Provider Sorrent reasonably disputes Sprint’s determination of a Content Standards violation, the parties will confer in good faith and attempt to resolve the dispute during the Cure Period, but in all cases Sprint will make the final determination. Sprint may continue the suspension of the Service Provider Sorrent Services during the Cure Period. If Service Provider Sorrent fails to cure the Content Standards violation within the Cure Period, Sprint may, without further notice, immediately terminate is this Agreement. Service Provider may in its * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. discretion remove any particular content channel from Service Provider Services at any time and replace it with one or more content channels of equal or greater value with 30 days notice to Sprint prior to the content channel replacement. Service Provider Sorrent will promptly notify Sprint if it: (a) receives a complaint from a User that involves any of the prohibitions in the Content Standards; or (b) otherwise becomes aware of an alleged Content Standards violation. Sprint also reserves the right to review content channels materials before they are included as part of Service Provider the Sorrent Services to determine if they violate the Content Standards. If during this review Sprint determines in its sole discretion that any materials violate any of the Content Standards, Sprint will notify Service Provider Sorrent and Service Provider Sorrent will remove the violating materials before the Service Provider Sorrent Services will be transmitted to Users. Service Provider Sorrent will not, and will not assist any third party to, make fraudulent charges for Service Provider Sorrent Services, mislead Users concerning Service Provider Sorrent Services, or misrepresent the nature of Service Provider Sorrent Services to Users. Sprint reserves the right to suspend Service Provider Sorrent Services if Sprint determines, in its sole discretion, that any Service Provider Sorrent Services are fraudulent, misleading to Users, or being misrepresented to Users.

Content Standards. Before the Service Provider Services are launched, Service Provider and Sprint will mutually agree on each individual content channel included in the Service Provider Services and list it on Exhibit B of this Agreement. Thereafter, any additional mutually agreed upon content channel will be added to Exhibit B of this Agreement without the need for a formal amendment hereof. As part of the approval process, the parties will mutually make an initial determination of whether each such content channel is appropriate under the content standards defined below. If a content provider changes its programming standard from what was previously agreed to by Sprint and Service Provider such that it violated the content standards (i.e. it changes programming and starts including TV MA programming where previously it had only provided TV14), it will be treated in the same manner as other content standards violations set forth below. .Materials A. Materials that are included in the Service Provider JAMDAT Services will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content that is defamatory, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, orientation or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; or (e) disparage, defame, defame or discredit Sprint PCS or any Sprint PCS Affiliate, or contain content that is derogatory, detrimental, detrimental or reflects unfavorably on the name or business reputation of Sprint PCS or any Sprint PCS Affiliate. Subsections (a) through (e) above are collectively referred to as the “"Content Standards.” " If at any time Sprint PCS determines in its sole discretion that Service Provider JAMDAT has violated any of the Content Standards, Sprint PCS may temporarily suspend the Service Provider offending portion of the JAMDAT Services. Sprint PCS will notify Service Provider JAMDAT of the suspension violation in writing or via e-mail and Service Provider must JAMDAT shall cure the violation within 5 business days [***] (the “"Cure Period”") after this such notification by removing the portion of the Service Provider JAMDAT Services that violates the Content Standards. If Service Provider JAMDAT reasonably disputes Sprint’s Sprint PCS' determination of a Content Standards violation, the parties will confer in good faith and attempt to resolve the dispute during the Cure Period, but in all cases Sprint PCS will make the final determination. Sprint PCS may continue the suspension of the Service Provider offending portion of the JAMDAT Services during the Cure Period. If Service Provider JAMDAT fails to cure the Content Standards violation within the Cure Period, Sprint PCS may, without further notice, immediately terminate is Agreement. Service Provider may in its * Certain information on this page has been omitted and filed separately with permanently suspend the Securities and Exchange Commission. Confidential treatment has been requested with respect to offending portion of the omitted portions. discretion remove any particular content channel from Service Provider Services at any time and replace it with one or more content channels of equal or greater value with 30 days notice to Sprint prior to the content channel replacement. Service Provider JAMDAT Services. B. JAMDAT will promptly notify Sprint PCS if it: (a) receives a complaint from a User that involves any of the prohibitions in the Content Standards; or (b) otherwise becomes aware of an alleged Content Standards violation. Sprint PCS also reserves the right to review content channels materials before they are included as part of Service Provider the JAMDAT Services to determine if they violate the Content Standards. If If, during this review review, Sprint PCS determines in its sole discretion that any materials violate any of the Content Standards, Sprint PCS will notify Service Provider JAMDAT and Service Provider JAMDAT will remove the violating materials before the Service Provider JAMDAT Services will be are transmitted to Users. Service Provider In addition, neither party will nottake any action that interferes with the development, operation, maintenance or content of: (a) the other party's or the party's affiliates' websites; or (b) the other party's respective servers or other equipment related to the development, operation and will not assist any third party to, make fraudulent charges for Service Provider Services, mislead Users concerning Service Provider Services, or misrepresent the nature maintenance of Service Provider Services to Users. Sprint reserves the right to suspend Service Provider Services if Sprint determines, in its sole discretion, that any Service Provider Services are fraudulent, misleading to Users, or being misrepresented to Userswebsites.

Content Standards. Before the Service Provider Services are launched, Service Provider and Sprint will mutually agree on each individual content channel included in the Service Provider Services and list it on Exhibit B of this Agreement. Thereafter, any additional mutually agreed upon content channel will be added to Exhibit B of this Agreement without the need for a formal amendment hereof. As part of the approval process, the parties will mutually make an initial determination of whether each such content channel is appropriate under the content standards defined below. If a content provider changes its programming standard from what was previously agreed to by Sprint and Service Provider such that it violated the content standards (i.e. it changes programming and starts including TV MA programming where previously it had only provided TV14), it will be treated in the same manner as other content standards violations set forth below. .Materials Materials that are included in the Service Provider Services will not: (a) facilitate or promote illegal activity, or contain content that is illegal; (b) contain content that is defamatory, obscene, distasteful, racially or ethnically offensive, harassing, or that is discriminatory based upon race, gender, color, creed, age, sexual orientation, or disability; (c) contain sexually suggestive or explicit content; (d) infringe upon or violate any right of any third party; or (e) disparage, defame, or discredit Sprint or any Sprint Affiliate, or contain content that is derogatory, detrimental, or reflects unfavorably on the name or business reputation of Sprint or any Sprint Affiliate. Subsections (a) through (e) above are collectively referred to as the “Content Standards.” If at any time Sprint determines in its sole discretion that Service Provider has violated any of the Content Standards, Sprint may temporarily suspend the Service Provider Services. Sprint will notify Service Provider of the suspension in writing or via e-mail and Service Provider must cure the violation within 5 3 business days (the “Cure Period”) after this notification by removing the portion of the Service Provider Services that violates the Content Standards. If Service Provider reasonably disputes Sprint’s determination of a Content Standards violation, the parties will confer in good faith and attempt to resolve the dispute during the Cure Period, but in all cases Sprint will make the final determination. Sprint may continue the suspension of the Service Provider Services during the Cure Period. If Service Provider fails to cure the Content Standards violation within the Cure Period, Sprint may, without further notice, immediately terminate is this Agreement. Service Provider may in its * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. discretion remove any particular content channel from Service Provider Services at any time and replace it with one or more content channels of equal or greater value with 30 days notice to Sprint prior to the content channel replacement. Service Provider will promptly notify Sprint if it: (a) receives a complaint from a User that involves any of the prohibitions in the Content Standards; or (b) otherwise becomes aware of an alleged Content Standards violation. Sprint also reserves the right to review content channels materials before they are included as part of the Service Provider Services to determine if they violate the Content Standards. If during this review Sprint determines in its sole discretion that any materials violate any of the Content Standards, Sprint will notify Service Provider and Service Provider will remove the violating materials before the Service Provider Services will be transmitted to Users. Service Provider will not, and will not assist any third party to, make fraudulent charges for Service Provider Services, mislead Users concerning Service Provider Services, or misrepresent the nature of Service Provider Services to Users. Sprint reserves the right to suspend Service Provider Services if Sprint determines, in its sole discretion, determines that any Service Provider Services are fraudulent, misleading to Users, or being misrepresented to Users.