| 7. Exclusivity |
Non-exclusive |
| 8. Holdbacks |
N/A |
| 9. Pre-Promotion Date |
90 days prior to the Start Date |
| 10. Delivery Materials |
As defined in the Ecoflix Delivery Schedule |
| 11. Delivery Obligations |
Licensor shall deliver the Delivery Materials, at no charge to Licensee, no later than 60 days prior to Start Date for each licensed Program. |
| 13. Sublicense |
Ecoflix maintains relationships internationally with third party Licensees. In the event that Ecoflix’s promotion and marketing efforts result in a paid offer or offers for the Program during the License Period, in the Territory, and for any or all of the Licensed Rights herein, Ecoflix shall be entitled to conclude such sublicense and pay Licensor one third of the gross license fee. Ecoflix shall inform and remit due payment to Licensor no later than twenty-eight business days from receipt of funds into its account. Ecoflix shall be responsible for all costs of sale including marketing, sale, and delivery of the Program. |
| 14. Additional Terms |
This Agreement shall be governed by, construed, and interpreted in accordance with the laws of the state of California, and where applicable, the United States of America. The Licensor confirms that it is the sole and exclusive copyright owner of the Program(s) and warrants that the exploitation thereof will not infringe upon the copyright, right of privacy or any other intellectual property rights and/or moral right of a third person. Licensor has obtained all third-party licenses, approvals, and consents required and related to the Content as are necessary to deliver the Content to and for the use of Licensee as specified herein. The Delivery Materials shall conform to a first-class technical standard. If the Licensee determines that any of the Delivery Materials are of such quality as to make them technically unfit for the Licensee to exercise the Licensed Rights granted to Licensee, the Licensee shall give immediate notice in writing to the Licensor specifying the particular defect in detail. Upon receipt of such notice, the Licensor shall have the opportunity to fix and redeliver the materials free of charge; If Licensor is unable to cure the particular defect(s), Licensee may at its own election, either fix the material itself or terminate this Agreement. |
