Common use of Grant of Distribution Rights Clause in Contracts

Grant of Distribution Rights. NRTC grants to Member the exclusive right to market, sell and retain revenue from Programming (except Non Select Services as defined in Section 2(b)) transmitted over the HCG Frequencies directly to Committed Member Residences as set forth in Exhibit C. Programming and the terms and conditions with respect to Programming marketed and sold to Committed Member Residences are set forth in Exhibit H, which exhibit may be amended by NRTC from time to time. Any Committed Member Residence and/or Commercial Establishment as applicable, which subscribes to Programming shall be deemed a "Subscriber" under this Agreement. Committed Member Residences shall be determined by and limited to the specific residences listed or the specific geographic area described in Exhibit C, as appropriate. Member shall also have the right to market, sell and retain revenue from the distribution of Programming (except Non Select Services) directly to commercial establishments such as hotels, bars and similar establishments being determined by and limited to those locations within counties or zip codes for which Member has exercised Member Contract Options C-2, X-0, X-0, X-0 xx C-9. The Programming that is available to be marketed and sold to Commercial Establishments shall be governed by the terms and conditions to be set forth in Exhibit H-1, which exhibit may be amended by NRTC from time to time. To the extent consistent with this Agreement and the terms of the Programming agreements, Member shall have the right to establish the terms and conditions upon which it will market and sell Programming (except Non Select Services) to such Committed Member Residences and/or Commercial Establishments and, subject to its payment to NRTC or HCG, as appropriate, of all sums required under this Agreement, shall be entitled to all revenues from such marketing and sales to Committed Member Residences and Commercial Establishments ("Member Revenues"). Any rights to distribute, market, sell and retain revenue from any of the Programming shall be subject to Section 8 of this Agreement and shall extend only to the extent and for the duration as may be provided under the relevant Programming agreements. Member acknowledges that NRTC may be unable to obtain the right for Member to distribute Programming to residences that have cable television services available. With respect to Programming, NRTC shall pay to Member on a pro rata basis all other net revenues that NRTC receives from HCG which are directly attributable to Committed Member Residences and/or Commercial Establishments. The parties acknowledge that HCG does not now have the right to distribute all of the planned HCG DirecTv and has no obligation to NRTC or to Member to obtain all of such rights, but that HCG intends to use reasonable efforts to obtain all of such rights.

Appears in 1 contract

Samples: Member Agreement (Golden Sky Systems Inc)

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Grant of Distribution Rights. NRTC grants to Member the exclusive right to market, sell and retain revenue from Programming (except Non Select Services as defined in Section 2(b)) transmitted over the HCG Frequencies directly to Committed Member Residences as set forth in Exhibit C. C__. Programming and the terms and conditions with respect to Programming marketed and sold to Committed Member Residences are set forth in Exhibit H, which exhibit may be amended by NRTC from time to time. Any Committed Member Residence and/or Commercial Establishment as applicable, which subscribes to Programming shall be deemed a "Subscriber" under this Agreement. Committed Member Residences shall be determined by and limited to the specific residences listed or the specific geographic area described in Exhibit C___, as appropriate. Member shall also have the right to market, sell and retain revenue from the distribution of Programming (except Non Select Services) directly to commercial establishments such as hotels, bars and similar establishments being determined by and limited to those locations within counties or zip codes for which Member has exercised Member Contract Options C-2, X-0, X-0, X-0 xx C-9. The Programming that is available to be marketed and sold to Commercial Establishments shall be governed by the terms and conditions to be set forth in Exhibit H-1, which exhibit may be amended by NRTC from time to time. To the extent consistent with this Agreement and the terms of the Programming agreements, Member shall have the right to establish the terms and conditions upon which it will market and sell Programming (except Non Select Services) to such Committed Member Residences and/or Commercial Establishments and, subject to its payment to NRTC or HCG, as appropriate, of all sums required under this Agreement, shall be entitled to all revenues from such marketing and sales to Committed Member Residences and Commercial Establishments ("Member Revenues"). Any rights to distribute, market, sell and retain revenue from any of the Programming shall be subject to Section 8 of this Agreement and shall extend only to the extent and for the duration as may be provided under the relevant Programming agreements. Member acknowledges that NRTC may be unable to obtain the right for Member to distribute Programming to residences that have cable television services available. With respect to Programming, NRTC shall pay to Member on a pro rata basis all other net revenues that NRTC receives from HCG which are directly attributable to Committed Member Residences and/or Commercial Establishments. The parties acknowledge that HCG does not now have the right to distribute all of the planned HCG DirecTv and has no obligation to NRTC or to Member to obtain all of such rights, but that HCG intends to use reasonable efforts to obtain all of such rights.

Appears in 1 contract

Samples: Digital Television Services of Kansas LLC

Grant of Distribution Rights. NRTC DIRECTV grants to Member the exclusive right to market, sell and retain revenue from Programming (except Non Non-Select Services as defined in Section 2(b)1(c) of these Terms and Conditions) transmitted over the HCG Frequencies directly to Committed Member Residences Residences”, as set forth such term was defined in Exhibit C. such Member’s Existing Member Agreement (as amended, including the Exhibits thereto). Programming and the terms and conditions with respect to Programming marketed and sold to Committed Member Residences are set forth shall be the same as the Programming provided and the terms and conditions in Exhibit Heffect under Member’s Existing Member Agreement, which exhibit may be amended subject to amendment by NRTC DIRECTV from time to time. Any Committed Member Residence and/or Commercial Establishment Establishment, as applicable, which subscribes to Programming shall be deemed a "Subscriber" under this Agreementthese Terms and Conditions. Committed Member Residences shall be determined by and limited to the specific residences listed or the specific geographic area described in Exhibit C, as appropriatearea(s) acquired by Member (or any predecessor(s)-in-interest) under its (or their ) Existing Member Agreement(s). Member shall also have the right to market, sell and retain revenue from the distribution of Programming (except Non Non-Select Services) directly to commercial establishments such as hotels, bars and similar establishments (collectively, “Commercial Establishments”), with such Commercial Establishments being determined by and limited to those locations within counties or zip codes for which Member has exercised had the same rights with respect to Commercial Establishments under its Existing Member Contract Options C-2, X-0, X-0, X-0 xx C-9Agreement. The Programming that is available to be marketed and sold to Commercial Establishments shall be governed subject to amendment by the terms and conditions to be set forth in Exhibit H-1, which exhibit may be amended by NRTC DIRECTV from time to time. To the extent consistent with this the Agreement (including these Terms and Conditions and the terms of the Programming agreements, Member shall have the right to establish the terms and conditions upon which it will market and sell Programming (except Non Non-Select Services) to such Committed Member Residences and/or Commercial Establishments and, subject to its payment to NRTC or HCGNRTC, as appropriatemaster servicer for DIRECTV, of all sums required under this Agreementthe Agreement (including these Terms and Conditions), shall be entitled to all revenues from such marketing and sales to Committed Member Residences and Commercial Establishments ("Member Revenues"). Any rights to distribute, market, sell and retain revenue from any of the Programming shall be subject to Section 8 of this Agreement these Terms and Conditions and shall extend only to the extent and for the duration as may be provided under the relevant Programming agreements. Member acknowledges that NRTC DIRECTV may be unable to obtain the right for Member to distribute Programming to residences that have cable television services service available. With respect to Programming, NRTC shall pay to Member on a pro rata basis all other net revenues that NRTC receives from HCG which are directly attributable to Committed Member Residences and/or Commercial Establishments. The parties acknowledge that HCG does not now have the right to distribute all of the planned HCG DirecTv and has no obligation to NRTC or to Member to obtain all of such rights, but that HCG intends to use reasonable efforts to obtain all of such rights.

Appears in 1 contract

Samples: Member Offer Agreement (Directv Holdings LLC)

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Grant of Distribution Rights. NRTC grants to Member the exclusive right to market, sell and retain revenue from Programming (except Non Select Services as defined in Section 2(b)) transmitted over the HCG Frequencies directly to Committed Member Residences as set forth in Exhibit C. C__. Programming and the terms and conditions with respect to Programming marketed and sold to Committed Member Residences are set forth in Exhibit H, which exhibit may be amended by NRTC from time to time. Any Committed Member Residence and/or Commercial Establishment as applicable, which subscribes to Programming shall be deemed a "Subscriber" under this Agreement. Committed Member Residences shall be determined by and limited to the specific residences listed or the specific geographic area described in Exhibit 16 C___, as appropriate. Member shall also have the right to market, sell and retain revenue from the distribution of Programming (except Non Select Services) directly to commercial establishments such as hotels, bars and similar establishments being determined by and limited to those locations within counties or zip codes for which Member has exercised Member Contract Options C-2, X-0, X-0, X-0 xx C-9. The Programming that is available to be marketed and sold to Commercial Establishments shall be governed by the terms and conditions to be set forth in Exhibit H-1, which exhibit may be amended by NRTC from time to time. To the extent consistent with this Agreement and the terms of the Programming agreements, Member shall have the right to establish the terms and conditions upon which it will market and sell Programming (except Non Select Services) to such Committed Member Residences and/or Commercial Establishments and, subject to its payment to NRTC or HCG, as appropriate, of all sums required under this Agreement, shall be entitled to all revenues from such marketing and sales to Committed Member Residences and Commercial Establishments ("Member Revenues"). Any rights to distribute, market, sell and retain revenue from any of the Programming shall be subject to Section 8 of this Agreement and shall extend only to the extent and for the duration as may be provided under the relevant Programming agreements. Member acknowledges that NRTC may be unable to obtain the right for Member to distribute Programming to residences that have cable television services available. With respect to Programming, NRTC shall pay to Member on a pro rata basis all other net revenues that NRTC receives from HCG which are directly attributable to Committed Member Residences and/or Commercial Establishments. The parties acknowledge that HCG does not now have the right to distribute all of the planned HCG DirecTv and has no obligation to NRTC or to Member to obtain all of such rights, but that HCG intends to use reasonable efforts to obtain all of such rights.

Appears in 1 contract

Samples: Primewatch Inc

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