DISTRIBUTION COMMITMENT Clause Samples

DISTRIBUTION COMMITMENT. CDD shall have the right, but not the obligation, during the Term to make Feature Films available (whether in High Definition, Standard Definition or both) to Amazon hereunder. Amazon shall have the right, but not the obligation, to select (whether in High Definition, Standard Definition or both, all subject to what CDD has made available in its sole discretion) such Feature Films for license hereunder. Once Amazon has selected (whether in High Definition, Standard Definition or both) a Feature Film for license, such Feature Film shall be an Included Program hereunder and Amazon may distribute such Included Program (either as a High Definition Feature Film, a Standard Definition Feature Film or both, as selected by Amazon) solely pursuant to the terms and conditions set forth herein commencing on, but not before, such Included Program’s Availability Date. CDD shall have the right to withdraw each Feature Film that is an Included Program selected by Amazon for license at any time during the Term and in its sole discretion, provided that, to the extent that such Included Program is not Withdrawn pursuant to CDD’s rights pursuant to Section 14.1 hereof, which allow CDD to discontinue Digital Locker Functionality, Amazon shall be allowed to maintain Digital Locker Functionality for such Included Program subject to the terms of the Agreement. Amazon agrees that (i) no Adult Program shall be distributed, exhibited, promoted or listed on the same screen (other than the home page of the Service, which may contain a textual link with a section of the user interface exhibiting, promoting or listing Adult Programs) as a screen on the Service on which an Included Program is promoted or listed, and (ii) no Adult Program will be classified within the same genre/category as any Included Program. As used herein, “Adult Program” means so called XXX programs which principally consist of pornographic sexual content or content which either party reasonably believes may be considered obscene in the Territory. The parties acknowledge that they may disagree as to what constitutes an Adult Program and that in the event that CDD believes that Adult Programs are being distributed, exhibited, or promoted too close a proximity to Included Programs, CDD may give reasonably-detailed written notice of such circumstances, in which case the parties will consult with an eye towards reducing to acceptable levels the frequency or effects of such instances. If such consultations, and the acti...