BE ACCEPTABLE IN THE 1:4 RATION ON THE TABLE RING).
FOR PURPOSE OF CLARITY,
OTHER THAN IN REGARD TO THE FLOP SHOT AND POKER TABLE, NOTHING IN THIS SECTION
3.2.2 SHALL PROHIBIT WPT FROM THE PROMOTION OF ITS OWN ONLINE GAMING SITES IN
THE INTERNATIONAL PPT EPISODES. 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 PPT BRANDING
APPEARING IN EACH EPISODE (SIMILAR TO OTHER SPORTS LEAGUES SUCH AS THE NFL OR
NBA) AND THIS FORM OF PPT BRANDING SHALL NOT BE INCLUDED WITHIN THE CALCULATION
OF WPT BRANDING FOR THE PURPOSES OF BRAND PROMINENCE.
3.2.3.
OPTION FOR TABLE RING BRANDING.
PARTYPOKER MAY ELECT, AT ITS SOLE
DISCRETION, TO ADD TO ITS TELEVISION INTEGRATION RIGHTS WITH 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.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT PARTYPOKER
AND WPT COME TO AN AGREEMENT FOR THE DOMESTIC PRODUCTION/DISTRIBUTION OF THE
PROFESSIONAL POKER TOUR SERIES, WPT AGREES TO PROVIDE ON-SITE INTEGRATION ON THE
TABLE RING IN THE INTERNATIONAL BROADCASTS AT NO ADDITIONAL COST PROVIDED THERE
ARE NO OBJECTIONS FROM THE HOST-CASINO. DOMESTIC BROADCASTER OR REGULATORY
ISSUES. IN THE EVENT OF OBJECTION BY EITHER THE HOST-CASINO, DOMESTIC
BROADCASTER OR WHERE REGULATORY ISSUES ARISE, WPT SHALL INFORM PARTYPOKER AND
WHERE PARTYPOKER ELECTS AND, IT IS REASONABLE TO DO SO, WPT SHALL USE
COMMERCIALLY REASONABLE ENDEAVOURS TO CHALLENGE SUCH DECISION.
3.2.4.
PPT SPONSORSHIP EXCLUSIVITY.
SUBJECT TO SECTION , TO THE
EXTENT THAT IT IS WITHIN WPT'S COMMERCIALLY REASONABLE CONTROL WPT AGREES NOT TO
OFFER OR GRANT INTERNATIONAL SPONSORSHIP RIGHTS WITHIN ANY INTERNATIONAL PPT
EPISODE DURING THE PERIODS PARTYPOKER IS ENTITLED TO THE TELEVISION INTEGRATION
RIGHTS FOR THE EPISODES PURSUANT TO THIS SECTION 3.2.
.
NOTWITHSTANDING SECTION 3.2.4, 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 ENCOMPASS THE RESTRICTION OF SPONSORSHIP INTEGRATION OF SUBSCRIPTION BASED
SITES OPERATED BY PARTYPOKER COMPETITORS. ).
3.2.5.
BROADCASTER COMMITMENTS.
WPT'S COMPENSATION IN RESPECT OF THE
INTERNATIONAL PPT EPISODES SHALL BE CONDITIONAL UPON IT SUCCESSFULLY SECURING
QUALIFIED DEALS
7
(WHICH SHALL APPLY MUTATIS MUTANDIS TO
INTERNATIONAL PPT EPISODES AS FOR INTERNATIONAL WPT EPISODES) WITH THE APPROVED
BROADCASTERS FOR THE INTERNATIONAL PPT 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).
3.2.6.
ADVERTISING INVENTORY AGREEMENT.
PARTYPOKER WILL BE RESPONSIBLE
FOR NEGOTIATING ADVERTISING RATES AND OBTAINING ADVERTISING