USE THE VIRGIN MARKS (BUT NOT THE CHOSEN NAMES, THE NAME
"VIRGIN.NET" NOR THE DOMAIN NAMES OTHER THAN VIRGINMOBILE.COM WHICH IS
NON-EXCLUSIVE) OUTSIDE THE TERRITORY IN RELATION TO ACTIVITIES SIMILAR OR
IDENTICAL TO THE LICENSED ACTIVITIES (INCLUDING ROAMING SERVICES) AND MAY GRANT
SUCH RIGHTS USING FORMS OF TECHNOLOGY OR MEDIA DEVELOPED IN THE FUTURE THAT WILL
BY ITS NATURE BE ACCESSIBLE WORLD-WIDE, SUCH THAT THE VIRGIN MARKS MAY BE
ACCESSIBLE TO PERSONS WITHIN THE TERRITORY. THE LICENSEE AGREES THAT THE GRANT
OF THESE RIGHTS SHALL NOT AMOUNT TO A BREACH OF VEL'S OBLIGATIONS UNDER THIS
DEED PROVIDED THAT (SAVE IN RELATION TO ROAMING SERVICES) VEL DOES NOT AUTHORISE
THESE OTHER PARTIES TO USE THE VIRGIN MARKS TO SOLICIT ORDERS OR TARGET
CUSTOMERS WITHIN THE TERRITORY FOR THE GOODS OR SERVICES THAT ARE THE SUBJECT OF
THE LICENSED ACTIVITIES WHERE SUCH ORDERS ORIGINATE FROM INSIDE THE TERRITORY;
(C)
SAVE AS OTHERWISE PERMITTED UNDER THIS DEED
INCLUDING CLAUSES 3.2(N) AND (T), THE NTL GROUP IS NOT PERMITTED TO USE THE
MARKS TO BRAND ANY MUSIC DOWNLOAD SERVICE (OTHER THAN RINGTONES) WITHOUT THE
AGREEMENT OF SUCH RELEVANT VIRGIN COMPANY WHO HAS AN EXCLUSIVE LICENCE TO USE
THE VIRGIN MARKS IN CONNECTION WITH A MUSIC DOWNLOAD SERVICE, BUT THE LICENSEE
AND MEMBERS OF THE NTL GROUP MAY INCLUDE A MUSIC DOWNLOAD SERVICE AS A PARTNER
SERVICE OR AS PART OF A BUNDLED SERVICE IN ACCORDANCE WITH THIS DEED;
(D)
THE LICENSEE AND MEMBERS OF THE NTL GROUP SHALL ONLY
USE THE MARKS IN THE FORM OF THE NAMES AND SHALL NOT USE THE NAME "VIRGIN" OR
THE "V" FROM THE VIRGIN SIGNATURE BY ITSELF, EXCEPT IN THE FOLLOWING
CIRCUMSTANCES:
(I)
THOSE LISTED IN SCHEDULE 5;
(II)
WHERE THERE ARE SPACE CONSTRAINTS AND WHERE
THE LICENSEE HAS SOUGHT AND OBTAINED VEL'S PRIOR WRITTEN CONSENT (NOT TO BE
UNREASONABLY WITHHELD, CONDITIONED OR DELAYED);
(III)
WHERE THE LICENSEE HAS SOUGHT AND OBTAINED VEL'S
PRIOR WRITTEN
23
CONSENT (NOT TO BE UNREASONABLY WITHHELD, CONDITIONED OR DELAYED);
(IV)
IN THE CASE OF THE V MARKS "VFESTIVAL" AND "V2000
(SERIES)", ANY USE SHALL ONLY BE IN RELATION TO PROMOTIONAL MATERIALS RELATING
TO THE LICENSEE'S SPONSORSHIP OF THE VFESTIVAL; OR
(V)
AS OTHERWISE PERMITTED BY THE TM GUIDELINES;
(E)
IF THE CHOSEN NAME IS "VIRGIN VISION" THE LICENSEE
AND MEMBERS OF THE NTL GROUP SHALL NOT USE "VISION" EXCEPT IN CONJUNCTION WITH
THE NAME "VIRGIN" OR THE FORM "VIRGIN VISION"; AND
(F)
IN STANDALONE PHYSICAL RETAIL OUTLETS OPERATED
UNDER THE MARKS THE LICENSEE MAY NOT MARKET OR SUPPLY COMMUNICATIONS SERVICES
PROVIDED BY A THIRD PARTY (FOR THE AVOIDANCE OF DOUBT, FOR THE PURPOSES OF THIS
CLAUSE 3.3(F), "THIRD PARTY" SHALL NOT INCLUDE MEMBERS OF THE NTL GROUP) AND
SOLD UNDER A THIRD PARTY BRAND EXCEPT WITH THE CONSENT OF VEL NOT TO BE
UNREASONABLY WITHHELD, CONDITIONED OR DELAYED.
ADDITIONAL PROVISIONS RELATING TO CONTENT
3.4
THE FOLLOWING PROVISIONS SHALL APPLY IN
RELATION TO THE GRANT OF RIGHTS IN CLAUSES 3.1(A)(V) TO (VIII) AND CLAUSE
3.2(A):
(A)
NOTHING IN THE GRANT OF