Subscriber Terms. T-Mobile will set the retail price for the Company Applications and will control the Subscriber terms of purchase. T-Mobile will use commercially reasonable efforts to provide Company with thirty (30) days prior notice of the initial price and any price change for the Company Applications. Company will not present any purchase terms to Subscribers. Company may present terms of service to Subscribers for use of Networked Applications as well as a privacy policy, provided that (i) they are clearly and conspicuously presented to the Subscriber; (ii) they do not conflict with T-Mobile’s Subscriber agreements (e.g., service terms and conditions and privacy policy); and (iii) when the terms are presented to the Subscriber, Company notifies the Subscriber that Company’s terms do not supersede, and Subscriber is still bound by, the terms of its agreements with T-Mobile.
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Sources: Mobile Application Agreement (Mobitv Inc), Mobile Application Agreement (Mobitv Inc)