Common use of Feature Films Clause in Contracts

Feature Films. 9.2.1 The materials for each Standard Definition Feature Film will be subject to a non-recoupable servicing fee in the amount of $250 (the “Film Servicing Fee”) for each program Delivered by CDD in accordance with Schedule D (and such program is an Included Program) during the Term, which fee will be deemed to cover Delivery of one file, encoded in “Standard Definition” resolution (as described in more detail in Schedule D under the heading “Standard Definition Source Specifications”). Additional files that are requested by Amazon and that CDD agrees to provide will be subject to additional servicing fees as hereafter mutually agreed by the parties in writing, from time to time. 9.2.2 With respect to each High Definition Feature Film, Amazon shall have the option of taking delivery of a Copy in one of two formats: (i) a 50Mbps MPEG.n2t file with a remuxed audio (the “Custom Spec”) or (ii) a ProRes file, provided, that, Amazon may not take delivery of a Copy in a ProRes file, nor will CDD be required to deliver a Copy in a ProRes file, until Amazon has added the Anti-Piracy Link to the detail page for the relevant Included Program as described in Section 19.2. Amazon shall notify CDD in writing of its selection of Copy format for each High Definition Feature Film at the time it elects to accept a Feature Film pursuant to Section 4 hereof. If Amazon requests delivery of a ProRes file, CDD shall make available a Copy thereof as follows: (i) if a ProRes file with 5.1 audio channel (a “ProRes 5.1 File”) is available, then CDD shall make such file available; (ii) if a ProRes 5.1 File is not available, then CDD shall make a standard ProRes file (a “Standard ProRes File”) available. From any such Copy, Amazon shall have the right to (A) create files for distribution in High Definition as set forth in Schedule C and (B) transcode to Standard Definition as set forth in Schedule C with respect to Standard Definition Feature Films. All costs (including, without limitation, duplication/encoding, shipping and forwarding charges, and insurance) of creating and making Source Copies in the Custom Spec for High Definition Feature Films and Advertising Materials available to Amazon (“HD Film Delivery Costs”) shall be borne solely by Amazon; provided that the cost of each Copy created in the Custom Spec shall not exceed $4.75/minute of video. All costs (including, without limitation, duplication/encoding, shipping and forwarding charges, and insurance) of creating and making ProRes 5.1 Files or Standard ProRes Files for High Definition Feature Films available to Amazon shall be borne solely by CDD. 9.2.3 CDD shall invoice Amazon for Film Servicing Fees owed by Amazon under Section 9.2.1 and HD Film Delivery Costs owed under Section 9.2.2 and Amazon shall pay such Film Servicing Fees and HD Film Delivery Costs no later than forty-five (45) days following its receipt of such invoices from CDD.