OF THIS AGREEMENT THE TERM "BRAND
PROMINENCE" SHALL MEAN THE RELATIVE PROMINENCE BETWEEN THE PARTYPOKER BRAND AND
WPT BRANDS WITHIN THE SAME EPISODE. FOR PURPOSES OF CLARITY BUT WITHOUT
PREJUDICE TO THE GRANT TO PARTYPOKER OF THE TELEVISION INTEGRATION RIGHTS,
PARTYPOKER ACKNOWLEDGES THAT THERE MAY BE SUBSTANTIAL PHYSICAL ON-SITE
3
WPT BRANDING APPEARING IN EACH EPISODE (SIMILAR TO OTHER SPORTS LEAGUES SUCH AS
THE NFL OR NBA) AND THIS FORM OF WPT BRANDING SHALL NOT BE INCLUDED WITHIN THE
CALCULATION OF WPT BRANDING FOR THE PURPOSES OF BRAND PROMINENCE.
3.1.3.
OPTION FOR TABLE RING BRANDING.
PARTYPOKER MAY ELECT, AT ITS SOLE
DISCRETION, TO ADD TO ITS TELEVISION INTEGRATION RIGHTS WITH THE ADDITION OF
VIDEO BRANDING ON THE POKER TABLE, TABLE RING ("TABLE RING INTEGRATION") FOR AN
ADDITIONAL FEE EQUAL TO THE ACTUAL COST OF PROVIDING SUCH ADDITIONAL INTEGRATION
WHICH SHALL BE NO MORE THAN THIRTEEN THOUSAND DOLLARS ($13,000) PER EPISODE.
3.1.4.
WPT SPONSORSHIP EXCLUSIVITY.
SUBJECT TO SECTION , TO THE
EXTENT THAT IT IS WITHIN WPT'S COMMERCIALLY REASONABLE CONTROL WPT AGREES NOT TO
OFFER OR GRANT ANY IN-SHOW GRAPHIC SPONSORSHIP INTEGRATION IN ANY INTERNATIONAL
WPT EPISODE ("INTERNATIONAL SPONSORSHIP RIGHTS") DURING THE PERIODS PARTYPOKER
IS ENTITLED TO THE TELEVISION INTEGRATION RIGHTS FOR SUCH EPISODES PURSUANT TO
THIS SECTION 3.
.
NOTWITHSTANDING SECTION 3.1.4, WPT MAY GRANT INTERNATIONAL
SPONSORSHIP RIGHTS TO OTHER THIRD PARTY SPONSORS FOR THE INTERNATIONAL WPT
EPISODES PROVIDED THAT: (I) NO THIRD PARTY SHALL BE GIVEN THE RIGHT TO BE NAMED
AS THE TITLE SPONSOR OF THE INTERNATIONAL WPT EPISODES; AND (II) NO
INTERNATIONAL SPONSORSHIP RIGHTS SHALL ALLOW PROMOTION (WHETHER DIRECTLY OR
INDIRECTLY) OF ANY TYPE OF REAL MONEY ONLINE GAMING OTHER THAN AS SPECIFICALLY
ALLOWED UNDER THIS AGREEMENT . FOR PURPOSE OF CLARITY, THIS SECTION IS INTENDED
TO INCLUDE THE RESTRICTION OF SPONSORSHIP INTEGRATION OF SUBSCRIPTION BASED
SITES OPERATED BY A PARTYPOKER COMPETITOR. IN THIS AGREEMENT THE TERM
"PARTYPOKER COMPETITOR" MEANS, EXCLUDING WPT, ANY OTHER UNDERTAKING WHOSE
PRIMARY BUSINESS IS REAL MONEY ONLINE GAMING INCLUDING BUT NOT LIMITED TO, SUCH
OFFERINGS BY POKERSTARS, ULTIMATEBET, AND 888.
3.1.5.
BROADCAST COMMITMENTS.
WPT'S COMPENSATION IN EACH TERRITORY IN
RESPECT TO THE INTERNATIONAL WPT EPISODES SHALL BE CONDITIONAL UPON SUCCESSFULLY
SECURING TELEVISION BROADCAST DISTRIBUTION AND BROADCAST WITH THE PRE-APPROVED
BROADCASTERS (THE "APPROVED BROADCASTERS") FOR THE INTERNATIONAL WPT EPISODES IN
COUNTRIES LISTED ON THE PARTYPOKER PRIMARY COUNTRY LIST AND ON THE PARTYPOKER
SECONDARY COUNTRY LIST (SUCH APPROVED BROADCASTERS AND PRIMARY COUNTRY LIST AND
SECONDARY COUNTRY LIST BEING SET FORTH IN APPENDIX 1).
IN ORDER TO QUALIFY AS
AN APPROVED BROADCASTER IN AN APPROVED COUNTRY (THE "QUALIFIED DEALS"), THE
FOLLOWING CONDITIONS MUST BE MET:
(A) WPT MUST USE COMMERCIALLY REASONABLE
EFFORTS TO SECURE SPOT ADVERTISING AND BROADCAST SPONSORSHIP (WHERE AVAILABLE)
EXCLUSIVITY IN FAVOUR OF PARTYPOKER AND WPT
FOR THE CATEGORY OF ONLINE GAMING
(SUBJECT TO THE ARRANGEMENT OF THE PARTIES IN SECTION 3.1.6) AND WHERE SUCH
EXCLUSIVITY CANNOT BE OBTAINED, WPT SHALL USE COMMERCIALLY REASONABLE EFFORTS TO
ENSURE THAT THERE IS A PROHIBITION ON ANY PARTYPOKER COMPETITOR PURCHASING
ADVERTISING OR OTHERWISE PROMOTING ITS