Common use of Viewing Cards Clause in Contracts

Viewing Cards. (i) The Viewing Card(s) supplied by the Broadcaster shall at all times remain the sole and exclusive property of the Broadcaster and the Broadcaster shall forthwith deactivate the same upon expiry or termination of the Agreement as per the provisions and procedure laid down in this Agreement (ii) The Affiliate shall use the Viewing Card(s) only in terms of the Agreement and at the installation address mentioned in clause 1.1 of Schedule to this Agreement. The Affiliate shall not make any unauthorized use or tamper with the Viewing Card(s) in any manner whatsoever. However, in the event the Affiliate desires to move the Viewing Card(s) to some other address, the Affiliate shall obtain prior written permission from the Broadcaster and such permission shall not be unduly delayed or refused by the Broadcaster. The Affiliate shall not sell exchange or transfer the Viewing Card(s) in any manner whatsoever. If, upon any investigation or inspection, it is found that any Viewing Card(s) is being misutilised, mishandled or used in any manner, other than what has been specifically provided for under this Agreement, then, the Affiliate shall be liable to compensate the Broadcaster for any loss or damages caused to the Broadcaster by such misutilisation or mishandling or unprescribed use. In any such event the Broadcaster shall also be entitled to immediately take back possession of the Viewing Card(s) and also to initiate appropriate civil/ criminal proceedings in respect of such unauthorized use in addition to any other action that it deems appropriate under the law. (iii) The Broadcaster shall not be liable for any defect in the Viewing Card(s) that is attributable to any unauthorized use, tampering or damage due to negligent use of the same by the Affiliate or any other person. In the event, the Viewing Card(s) is lost, stolen or damaged; the Affiliate shall immediately inform the Broadcaster. In the event, the Affiliate desires new Viewing Card(s) for any channel forming part of the Subscribed Channels, the same may be issued at the discretion of BROADCASTER on payment of such charges as may be specified by the Broadcaster from time to time. In the event of deactivation of the Viewing Card(s) for any reason whatsoever, including nonpayment of Subscription Amounts, the Affiliate shall be liable to pay to the Broadcaster such charges as may be determined by the Broadcaster from time to time for re‐activation of the Viewing Card(s). In the event, any of the Viewing Card(s) is not in use by the Affiliate, the same shall be returned to the Broadcaster immediately.

Appears in 1 contract

Sources: Affiliate Agreement

Viewing Cards. (i) The Viewing Card(s) supplied by the Broadcaster Distributor shall at all times remain the sole and exclusive property of the Broadcaster Distributor and the Broadcaster Distributor shall forthwith deactivate the same upon expiry or termination of the Agreement as per the provisions and procedure laid down in this Agreement. In case of the expiry or termination of this Agreement, the DTH Service Provider shall forthwith return the Viewing Cards to the Distributor (ii) The Affiliate DTH Service Provider shall use the Viewing Card(s) only in terms of the Agreement and at the installation address mentioned in clause 1.1 5.1 of Schedule to this Agreement. The Affiliate DTH Service Provider shall not make any unauthorized use or tamper with the Viewing Card(s) in any manner whatsoever. However, in the event the Affiliate DTH Service Provider desires to move the Viewing Card(s) to some other address, the Affiliate DTH Service Provider shall obtain prior written permission from the Broadcaster Distributor and such permission shall not be unduly delayed or refused by the BroadcasterDistributor. The Affiliate DTH Service Provider shall not sell sell, exchange or transfer the Viewing Card(s) in any manner whatsoever. If, upon any investigation or inspection, it is found that any Viewing Card(s) is being misutilisedmis-utilised, mishandled or used in any manner, other than what has been specifically provided for under this Agreement, then, the Affiliate DTH Service Provider shall be liable to compensate the Broadcaster Distributor for any loss or damages caused to the Broadcaster Distributor by such misutilisation mis-utilisation or mishandling mis-handling or unprescribed un prescribed use. In any such event the Broadcaster Distributor shall also be entitled to immediately take back possession of the Viewing Card(s) and also to initiate appropriate civil/ criminal proceedings in respect of such unauthorized use in addition to any other action that it deems appropriate under the law. (iii) The Broadcaster Distributor shall not be liable for any defect in the Viewing Card(s) that is attributable to any unauthorized use, tampering or damage due to negligent use of the same by the Affiliate DTH Service Provider or any other person. In the event, the Viewing Card(s) is lost, stolen or damaged; , the Affiliate DTH Service Provider shall immediately inform the BroadcasterDistributor. In the event, the Affiliate DTH Service Provider desires new Viewing Card(s) for any channel forming part of the Subscribed ChannelsChannel(s), the same may be issued at the discretion of BROADCASTER Distributor on payment of such charges as may be specified by the Broadcaster Distributor from time to time. In the event of deactivation of the Viewing Card(s) for any reason whatsoever, including nonpayment non-payment of Subscription AmountsAmount, the Affiliate DTH Service Provider shall be liable to pay to the Broadcaster Distributor such charges as may be determined by the Broadcaster Distributor from time to time for re‐activation re-activation of the Viewing Card(s). In the event, any of the Viewing Card(s) is not in use by the AffiliateDTH Service Provider, the same shall be returned to the Broadcaster Distributor immediately.

Appears in 1 contract

Sources: Reference Interconnect Agreement

Viewing Cards. (i) The Viewing Card(s) supplied by the Broadcaster shall at all times remain the sole and exclusive property of the Broadcaster and the Broadcaster shall forthwith deactivate the same upon expiry or termination of the Agreement as per the provisions and procedure laid down in this Agreement (ii) The Affiliate DAS Operator shall use the Viewing Card(s) only in terms of the Agreement and at the installation address mentioned in clause 1.1 of Schedule to this Agreement. The Affiliate DAS Operator shall not make any unauthorized use or tamper with the Viewing Card(s) in any manner whatsoever. However, in the event the Affiliate DAS Operator desires to move the Viewing Card(s) to some other address, the Affiliate DAS Operator shall obtain prior written permission from the Broadcaster and such permission shall not be unduly delayed or refused by the Broadcaster. The Affiliate DAS Operator shall not sell sell, exchange or transfer the Viewing Card(s) in any manner whatsoever. If, upon any investigation or inspection, it is found that any Viewing Card(s) is being misutilised, mishandled or used in any manner, other than what has been specifically provided for under this Agreement, then, the Affiliate DAS Operator shall be liable to compensate the Broadcaster for any loss or damages caused to the Broadcaster by such misutilisation or mishandling or unprescribed use. In any such event the Broadcaster shall also be entitled to immediately take back possession of the Viewing Card(s) and also to initiate appropriate civil/ criminal proceedings in respect of such unauthorized use in addition to any other action that it deems appropriate under the law. (iii) The Broadcaster shall not be liable for any defect in the Viewing Card(s) that is attributable to any unauthorized use, tampering or damage due to negligent use of the same by the Affiliate DAS Operator or any other person. In the event, the Viewing Card(s) is lost, stolen or damaged; , the Affiliate DAS Operator shall immediately inform the Broadcaster. In the event, the Affiliate DAS Operator desires new Viewing Card(s) for any channel forming part of the Subscribed Channels, the same may be issued at the discretion of BROADCASTER on payment of such charges as may be specified by the Broadcaster from time to time. In the event of deactivation of the Viewing Card(s) for any reason whatsoever, including nonpayment non-payment of Subscription Amounts, the Affiliate DAS Operator shall be liable to pay to the Broadcaster such charges as may be determined by the Broadcaster from time to time for re‐activation re-activation of the Viewing Card(s). In the event, any of the Viewing Card(s) is not in use by the AffiliateDAS Operator, the same shall be returned to the Broadcaster immediately.

Appears in 1 contract

Sources: Reference Interconnect Offer