THE CREATION OF CONTENT (OTHER THAN RESTRICTED CONTENT) AND
ACQUISITION OF CONTENT, TOGETHER WITH THE RIGHTS TO PACKAGE, BUNDLE AND
DISTRIBUTE CONTENT IN THE TERRITORY UNDER
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THE MARKS (WHETHER THROUGH THE COMMUNICATIONS SERVICES OR ANY OTHER SIMILAR
PLATFORM OR DISTRIBUTION MEANS NOT BRANDED WITH THE MARKS WHETHER PROVIDED BY
THE NTL GROUP OR A THIRD PARTY), PROVIDED THAT IN RESPECT OF ANY RESTRICTED
CONTENT CREATED BY THIRD PARTIES FOR THE NTL GROUP, THE LICENSEE SHALL ENSURE
THAT THE USE OF THE MARKS IN RELATION TO SUCH RESTRICTED CONTENT:
(I)
DOES NOT CREATE THE IMPRESSION THAT THE
LICENSEE IS ACTUALLY THE CREATOR OF THE RESTRICTED CONTENT OR THAT IT IS
OTHERWISE BRANDED WITH THE MARKS;
(II)
IS IN ACCORDANCE WITH HONEST COMMERCIAL PRACTICES
AND WITHOUT DUE CAUSE DOES NOT TAKE UNFAIR ADVANTAGE OF THE MARKS;
(B)
TO USE THE MARKS IN THE TERRITORY IN RELATION TO
ANCILLARY SERVICES;
(C)
TO USE THE MARKS IN THE TERRITORY IN RELATION TO
BUNDLED SERVICES;
(D)
TO USE THE MARKS IN THE TERRITORY IN RELATION TO
PARTNER SERVICES;
(E)
TO USE THE NAME "VIRGIN" AS PART OF ITS REGISTERED
COMPANY NAMES AND TO USE THE SAME ON HEADED NOTEPAPER AND OTHER CORPORATE
MATERIALS AND COMMUNICATIONS WHICH, IN THE COURSE OF BUSINESS, BEAR THE COMPANY
NAME AND IN RELATION TO THE NON-TRADING ACTIVITIES AND SECURITIES LISTING OF ANY
MEMBER OF THE NTL GROUP AND AS MAY OTHERWISE BE REQUIRED BY LAW DURING THE TERM,
PROVIDED THAT WHEN USED AS A COMPANY NAME SUCH NAME IS ALWAYS FOLLOWED BY THE
RELEVANT COMPANY DENOTATION (E.G. LIMITED) FOR THE RELEVANT TYPE OF COMPANY AND
JURISDICTION;
(F)
TO USE THE MARKS ON OR IN RELATION TO THE SITE,
ADVERTISEMENTS, SPONSORSHIP, MATERIALS, PROMOTIONAL BROCHURES, OTHER MATERIALS,
MAGAZINES AND THE PHYSICAL ASSETS OF MEMBERS OF THE NTL GROUP AND OTHER
MATERIALS USED IN EACH CASE IN THE ORDINARY COURSE OF CONDUCTING AND PROMOTING
THE LICENSED ACTIVITIES;
(G)
TO USE THE MARKS IN THE TERRITORY IN RELATION TO
PROMOTIONAL PRODUCTS (INCLUDING THOSE IN ELECTRONIC FORM) WHICH ARE INCIDENTAL
TO THE LICENSED ACTIVITIES PROVIDED THAT THEY ARE NORMALLY DISTRIBUTED FREE BY
MEMBERS OF THE NTL GROUP IN THE TERRITORY AND NOT BY WAY OF COMMERCIAL OR RETAIL
SALE;
(H)
TO USE THE MARKS IN THE TERRITORY IN RELATION TO THE
SALE AND SUPPLY OF:
(I)
OTHER EQUIPMENT, UNBRANDED MOBILE ACCESSORIES,
UNBRANDED MOBILE DEVICES AND UNBRANDED CORE EQUIPMENT THROUGH THE RETAIL STORES
AND DIRECT SALES CHANNELS (WHETHER SUCH DIRECT SALES CHANNELS ARE OPERATED BY
THE NTL GROUP OR ON ITS BEHALF); AND
(II)
BRANDED MOBILE ACCESSORIES AND BRANDED MOBILE
DEVICES THROUGH THE SALES CHANNELS,
PROVIDED THAT THE SALE AND SUPPLY OF UNBRANDED CORE EQUIPMENT, MOBILE
ACCESSORIES, MOBILE DEVICES, AND OTHER EQUIPMENT THROUGH RETAIL STORES IS
ANCILLARY OR INCIDENTAL TO THE SALE AND SUPPLY OF NTL GROUP'S COMMUNICATIONS
SERVICES AND BRANDED CORE EQUIPMENT, BRANDED MOBILE ACCESSORIES AND BRANDED
MOBILE DEVICES THROUGH SUCH RETAIL STORES;
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(I)
TO USE THE MARKS IN THE TERRITORY ON OR IN
RELATION TO MOBILE ACCESSORIES AND MOBILE DEVICES;