Common use of Reuse Clause in Contracts

Reuse. SAMPLE “The provisions below apply to the reuse of High Budget AVOD Programs. (a) Initial compensation for a High Budget AVOD Program shall constitute payment for a twenty-six (26) consecutive week period of use on any free-to-the-consumer advertiser-supported new media platform, commencing with the first day that the High Budget AVOD Program is available on any free-to-the-consumer advertiser-supported new media platform. (b) For all uses of a High Budget AVOD Program on any free-to-the-consumer advertiser-supported platform beyond the twenty-six (26) consecutive week period, the Producer shall pay a residual equal to six percent (6.0%) of the ‘Distributor’s gross,’ as defined in Paragraph 4 of the ‘Sideletter re Exhibition of Motion Pictures Transmitted Via New Media,’ attributable to the period beyond the twenty-six (26) consecutive week use period. Health contributions to the SAG-AFTRA Health Plan and pension contributions to the SAG Pension Plan or retirement contributions to the AFTRA Retirement Fund, as applicable, shall be paid in addition to the payment required hereunder. “It is understood that ‘Distributor’s gross’ does not include advertising revenues received by the free-to-the-consumer advertiser-supported platform unless the license, distribution or other agreement between the Producer and the free-to-the-consumer advertiser-supported platform provides for sharing in such revenues for exhibition of the High Budget AVOD Program. (i) For clarity, If advertising time is withheld by the platform (i.e.,barter), the fair market value of the amount allocated to the “barter” portion of the deal shall be included in the Distributor’s gross referred to above. SAMPLE (c) For exhibition of a High Budget AVOD Program on any consumer pay new media platform, the Producer shall make a residual payment equal to three and six-tenths percent (3.6%) of ‘Distributor’s gross’ as defined in Paragraph 4 of the ‘Sideletter re Exhibition of Motion Pictures Transmitted Via New Media.’ Such payment shall include health contributions to the SAG-AFTRA Health Plan and pension contributions to the SAG Pension Plan or retirement contributions to the AFTRA Retirement Fund, as applicable. (d) For use of a High Budget AVOD Program in traditional media (e.g., theatrical exhibition, free television, basic cable, pay television, home video), the Producer shall pay residuals under existing Television Agreement formulas.