XXX Media Group
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Original Agreement |
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January 19, 2019 |
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January 1, 2019 |
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3 Years |
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"Subscribers" shall mean HD Subscribers and SD Subscribers. |
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"SD Subscribers" shall mean those end-user customers (both residential and commercial) authorized by MVPD to receive Signals via the MVPD System in SDTV format. |
Confidence Level100%
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"HD Subscribers" shall mean those end-user customers (both residential and commercial) authorized by MVPD to receive Signals via the MVPD System in HDTV format. |
Confidence Level100%
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"Signals" means Digital Signal(s) |
Confidence Level100%
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"Digital Signals" shall mean, on a per-station basis, the digital signal in form…that will include any or all of the following formats:
(i) "Primary Signal"
(ii) "Multiplexed Programming" (iii) Xxxxx |
Confidence Level100%
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$5.00 per subscriber X |
Rate Checks
Definition of In-Market Definition of Out-of-Market Definition of Significantly Viewed Definition of Big 4 Station Definition of Non-Big 4 Station
Confidence Level100%
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For bulk billed Subscribers (i.e. accounts billed on a bulk rate basis by Distributor and in which no unit has a separate reception box, dish or antenna), the number of Subscribers per multiple dwelling unit complex (such as apartments, hotels, motels, hospitals, universities, other commercial establishments or other multiple dwelling units) may be calculated on an equivalent billing unit (“EBU”) basis, whereby the number of EBUs are calculated by dividing the bulk rate charged to the customer for the package containing the Station by the standard single unit retail rate of the service package containing the Station that is received by that unit. |
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On an annual basis at the request of BROADCASTER, MVPD shall provide to BROADCASTER a statement certifying that the Subscriber Reports provided to BROADCASTER during the prior period are complete and accurate. Such statement shall be certified by MVPD's qualified representative. At BROADCASTER's request, MVPD shall permit BROADCASTER's independent representative to review, during the Term and no more than once each calendar year and for the same calendar year as the date of the notification of BROADCASTER's intent to audit, and for one (1) year and on a one-time basis only thereafter, such MVPD Subscriber records as may be reasonably requested by BROADCASTER for the sole purpose of verifying such statements at reasonable times, upon reasonable advance written notice and during normal business hours and at MVPD offices. Such review shall be at BROADCASTER's sole cost and expense. Such review shall be conducted during reasonable business hours and in such manner as not to interfere with MVPD's normal business activities and shall not continue for more than fifteen (15) business days. If BROADCASTER audits MVPD's books and records, then BROADCASTER shall, within Sixty (60) days of the conclusion of such audit, inform MVPD in writing of any claim resulting therefrom (including a complete and true copy of any third-party audit), and, except for the claims set forth in such notice or fraud on the part of MVPD, all statements rendered by MVPD with respect to the period covered by such audit shall be conclusive and binding on BROADCASTER and not subject to further audit or claim. BROADCASTER shall not have the right to examine or inquire into any matters or items which are embraced by or contained in any Subscriber Report after the expiration of eighteen (18) months from and after BROADCASTER's receipt of such Subscriber Report, which period shall be extended if BROADCASTER has given notice of its desire to commence an audit , and such Subscriber Report shall be final and conclusive upon BROADCASTER upon the expiration of such period, as may be extended. The information derived from and the process of such review shall be subject to the confidentiality provisions contained within this document, and any third-party auditor shall be required to acknowledge in writing its agreement to such confidentiality provisions. In the event that any shortfall (plus applicable interest at the rate of x% per month, and, if the discrepancy is x percent (x%) of more between the License Fees paid by MVPDS and the License Fees actually due by MVPD under this Agreement, then MVPD shall reimburse BROADCASTER for all reasonable costs incurred by BROADCASTER in connection with such audit. |
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| System Detected Nuances | ||
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15 Business Days |
Review Period Checks
Should be greater than or equal to 15 and less than 60 days.
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Within sixty (60) days of the conclusion of audit |
Audit Copy Submission Checks
Should be greater than or equal to 0 and less than 180 days from Report submission date.
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18 months from and after BROADCASTER's receipt of such Subscriber Report. |
Rights Expiration Date Checks
Mentions Expiration Higher than 12 months.
Confidence Level100%
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BROADCASTER |
Audit Cost & Expense Checks
Check for the names of either of the Party Check for the auditing firm
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Annual |
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| Variance 1 | Variance 2 | Variance 3 | Variance 4 | Variance 5 | Variance 6 | Variance 7 | Variance 8 | Total | |
|---|---|---|---|---|---|---|---|---|---|
| MVPD 1 | 22,445 | 495,068 | 77,647 | 34,990 | 15,500 | 645,650 | |||
| MVPD 2 | 3,356 | 5,855 | 5,962 | 122,404 | 38,979 | 176,556 | |||
| MVPD 3 | 13,669 | 31,098 | 11,533 | 8,611 | 64,911 | ||||
| MVPD 4 | 4,245 | 1,205,401 | 16,022 | 13,640 | 86,594 | 42,496 | 1,368,398 | ||
| MVPD 5 | 6,022 | 69,525 | 5,501 | 8,501 | 25,697 | 31,005 | 146,251 | ||
| MVPD 6 | 12,166 | 48,554 | 3,012 | 14,498 | 1,666 | 79,896 | |||
| MVPD 7 | 17,554 | 381,455 | 905 | (14,440) | 22,821 | 408,295 | |||
| MVPD 8 | 38,646 | 98,022 | 5,664 | 3,256 | 145,588 | ||||
| MVPD 9 | 1,202 | 2,545 | 2,887 | 6,634 | |||||
| MVPD 10 | 14,073 | 18,212 | 13,805 | 46,090 | |||||
| All Other | 8,980 | 8,874 | 323,545 | 32,515 | 5,300 | 75,100 | 28,955 | 483,269 | |
| Total | 112,763 | 52,138 | 2,650,532 | 138,445 | 18,963 | 374,218 | 222,813 | 1,666 | 3,571,538 |
Test : Test
Bulk Billing Definition : For bulk billed Subscribers (i.e. accounts...
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