Common use of Downgrading Clause in Contracts

Downgrading. 1. If Producer engages a performer as a principal performer for a commercial, the principal performer shall be entitled to use fees for the use of the commercial and may not be downgraded as long as his/her face appears in the commercial as exhibited. 2. If a performer is engaged as a principal performer but his/her face does not remain in the commercial as exhibited, the principal performer shall be notified of such downgrading within 60 days after the completion of his/her employment, but in no event later than 15 working days after the first use of the commercial, and concurrently therewith shall be paid an additional session fee. If such notice is timely given and payment is made to the principal performer as above provided, the downgrading shall be deemed effective retroactively to the date of such first use of the commercial and no use fees shall become payable for the use of the commercial. If such written notice is not given or payment made within the period above provided, the principal performer shall be paid as a principal performer for all uses of the commercial which occur prior to the giving of a written notice of such downgrading, but in no event shall such payment be less than the session fee. (See Agreed Interpretation 11, page 148.)