THE RIGHT TO ADVERTISE AND
PROMOTE THE TOUR AND LICENSE THIRD PARTIES TO USE THE OFFICIAL TOUR LOGO IN ANY
ADVERTISEMENT OR PROMOTION, SUBJECT TO WPTE'S OBLIGATION TO ENSURE THAT ALL SUCH
ADVERTISING AND PROMOTION IS CONDUCTED IN COMPLIANCE WITH APPLICABLE LAWS AND
REGULATIONS;
(O)
WPTE SHALL HAVE THE RIGHT TO APPROVE AND
GENERATE PROFITS FROM TELEVISION AND RADIO BROADCASTS, MOTION PICTURES AND OTHER
MEDIA EVENTS EMANATING FROM OR PRODUCED AT THE TOUR;
(P)
WPTE SHALL HAVE THE RIGHT TO OWN THE TAPES
AND ALL BROADCASTING-RELATED MATERIALS AND TO POST-EDIT AND SELL ALL SHOWS AND
CONTENTS RELATED TO THE TOUR IN ANY AND ALL MEDIA, INCLUDING ONLINE, MOBILE,
DOMESTIC AND INTERNATIONAL TELEVISION, DVD, DIGITAL STREAMING, DOWNLOADS, ETC.
NOW KNOWN OR HEREAFTER DEVELOPED IN ANY AND ALL TERRITORIES;
(Q)
WPTE AND CLSAC AGREE NOT TO CHARGE ANY
ROYALTY OR OTHER FEE TO ANY LOCAL CHINESE TELEVISION BROADCASTER IN THE
TERRITORY FOR THE FIRST 36 MONTHS COMMENCING FROM THE DATE HEREOF IN ORDER TO
BETTER PROMOTE THE TOUR; AND
4
(R)
WPTE SHALL OWN ALL REVENUES GENERATED
FROM THE PROMOTION OF WPTE'S BRANDED PROPERTY AND WEBSITE IN CHINA.
CLSAC hereby agrees that WPTE
shall have the right to exercise all or part of the above rights through WPTE's
affiliates or other companies designated by WPTE.
2.2.
PASS THROUGH RIGHTS.
AS THE EXCLUSIVE
MARKETING PARTNER, WPTE HAS THE EXCLUSIVE RIGHT TO REPACKAGE, RESELL AND
OTHERWISE MONETIZE OR GENERATE PROFITS FROM SELLING AND/OR MARKETING RELATED
RIGHTS TO THIRD PARTIES SEEKING TO BE AFFILIATED WITH THE TOUR; TO DESIGNATE
PERSONS SEEKING TO BE AFFILIATED WITH THE TOUR AS THIRD PARTY SPONSORS OF THE
TOUR ("THIRD PARTY SPONSORS") AND TO LICENSE ANY AND ALL OF THE RIGHTS NOTED IN
SECTION 2.1 ABOVE TO THE THIRD PARTY SPONSORS FOR USE WITHIN THE TERRITORY (THE
"PASS THROUGH RIGHTS").
THE PASS THROUGH RIGHTS SHALL INCLUDE THE FOLLOWING
EXCLUSIVE RIGHTS:
(A)
TO DESIGNATE THE SUPPORTING SPONSOR, GRANT
THIRD PARTY SPONSORS THE RIGHT TO USE THE OFFICIAL TOUR LOGO AND THE TITLE AND
APPROVE ALL ON-SITE EVENT ELEMENTS TO BE USED BY THE THIRD PARTY SPONSORS;
(B)
TO GRANT ON-SITE BENEFITS TO THIRD PARTY
SPONSORS, INCLUDING BUT NOT LIMITED TO ADVERTISING, SAMPLE DISTRIBUTION, BOOTHS
SET-UP, PLACEMENT OF THIRD PARTY SPONSOR'S LOGOS ON SIGNAGE AND ADVERTISING, OR
OTHER PROMOTIONAL ACTIVITIES RELATED TO THE TOUR;
(C)
TO DESIGNATE PREFERRED BEVERAGES FOR THE
TOUR REGARDLESS OF ANY PREFERRED BEVERAGES OF ANY VENUE ON THE TOUR;
(D)
TO GRANT THIRD PARTY SPONSORS WITH FRANCHISE
RIGHTS TO FRANCHISED MERCHANDISE, MARKET MERCHANDISE SUCH AS PLAYING CARDS,
APPARELS, DRINKS OR COMPUTER GAMES, USE THE LOGOS, NAMES, LIKENESSES, ETC. OF
THE TOUR TO MONETIZE MERCHANDISE AND GRANT APPROVAL TO THIRD PARTY SPONSORS TO
MONETIZE SUCH LOGOS, NAMES, LIKENESSES, ETC.;
(E)
TO RE-PACKAGE AND SELL THE CONTENTS AND
IMAGES OF THE TOUR, INCLUDING PHOTOS, INTERNET CONTENTS, FILM OR OTHER SUCH
PROGRAMS WHICH MAY BE SOLD, LICENSED OR LEASED TO THIRD PARTIES;
(F)
TO LICENSE COMMUNICATIONS OPERATORS WITH
JOINT MOBILE PHONE AND COMMUNICATIONS RIGHTS THROUGHOUT THE TERRITORY, INCLUDING
DOWNLOADABLE CONTENTS