SUMMARY OF DEFINED QUALITY FAILURES IN DCDAs
Alternative Content - Feature shown less than 15 times, at the same site, in the first week
Digital Title - Feature shown more than 15 times, at the same site, in the first week.
DISNEY - Quality Failure
Digital Title - "Quality Failure" is a failure of the DCIP Owned Equipment
- During the first 2 weeks of a booking:
- 2 OR MORE consecutive missed exhibitions
- Any time after first 2 weeks, either:
- 3 OR MORE consecutive missed exhibitions or
- 4 total missed exhibitions (consecutive or not)
VPF Credits
- Distributor or the applicable Distributor Operating Entity will receive a credit against VPFs otherwise due -
-
100% of the VPF paid if a Quality Failure occurs during the first 2 weeks of the applicable Digital Title Engagement
-
50% of the VPF paid if a Quality Failure occurs during the 3rd or 4th week of such Digital Title Engagement
Exclusions:
-
Any cause beyond a party's control - See contract for specific events covered by this item
- Power Outage
- Fire Alarm System Failures
-
Malfunction caused by an act or omission by or on behalf of distributor.
- Content or Key Packaging Errors
- Content or Key Delivery Errors
-
Lamp and/or Reflector failure - that can be fixed with replacement
-
Failures by third parties with whom the Distributor has contracted directly to provide optional services (including any Affiliate of DCIP)
SONY - Quality Failure
Digital Title - "Quality Failure" is a failure of DCIP Owner Equipment
- 2 OR MORE consecutive missed exhibitions of the same Booking
- 3 OR MORE exhibitions of the same Bookings (whether consecutive or not)
VPF Credits
- Sony will receive a credit for any Quality Failure if:
- Mitigated content is moved to another screen (of similar size and capacity) within 20 minutes of the scheduled start time.
The amount credited will be:
- 100% of the DCF paid or payable for any Quality Failure in connection with any Exhibition (or Alternative Content) Booking;
- 100% of the DCF paid or payable where the Quality Failure occurs in the 1st or 2nd week of a Digital Title engagement
- 50% of the DCF paid or payable where the Quality Failure occurs in the 3rd or 4th week of a Digital Title engagement
Exclusions:
-
Any cause beyond a party's control - See contract for specific events covered by this item
- Power Outage
- Fire Alarm System Failures
-
Malfunction caused by an act or omission by or on behalf of distributor.
- Content or Key Packaging Errors
- Content or Key Delivery Errors
-
Lamp and/or Reflector failure - that cannot be fixed with replacement
-
Disk Drive Failure - which cannot be fixed with replacement
-
Failures by third parties with whom the Distributor has contracted directly to provide optional services (including any Affiliate of DCIP)
UNIVERSAL - Quality Failure
Digital Title - "Quality Failure" is a failure of DCIP Owner Equipment
- 2 OR MORE consecutive missed exhibitions of the same Booking
- 3 OR MORE exhibitions of the same Bookings (whether consecutive or not)
VPF Credits
- Universal will receive the following credits if:
- 100% of the relevant Standard VPF, if a Qualifying Event occurs within the first 2 Weeks of the Digital Title Engagement.
- 50% of the relevant Standard VPF, if a Qualifying Event occurs during the 3rd or 4th Week of the Digital Title Engagement
- 100% of the fee for Alternate Content
Qualifying Event - A Quality Failure that is not mitigated by the site.
Exclusions:
-
Any cause beyond a party's control - See contract for specific events covered by this item
- Power Outage
- Fire Alarm System Failures
-
Malfunction caused by an act or omission by or on behalf of distributor.
- Content or Key Packaging Errors
- Content or Key Delivery Errors
-
Lamp and/or Reflector failure - that cannot be fixed with replacement
-
Disk Drive Failure - which cannot be fixed with replacement
-
Failures by third parties with whom the Distributor has contracted directly to provide optional services (including any Affiliate of DCIP)
PARAMOUNT - Quality Failure
Digital Title - "Quality Failure" is a failure of DCIP Owner Equipment
- 2 OR MORE consecutive missed exhibitions of a Digital Title in the opening weekend of a Digital Title
- 3 OR MORE consecutive missed exhibitions starting in week 2 of the Digital Title.
VPF Credits
- Distributor shall be entitled to a VPF Credit of:
- 100% of the relevant Standard VPF, if a Qualifying Event occurs within the first 2 Weeks of the Digital Title Engagement.
- 50% of the relevant Standard VPF, if a Qualifying Event occurs during the 3rd or 4th Week of the Digital Title Engagement
- 100% of the fee for Alternate Content
Exclusions:
-
Any cause beyond a party's control - See contract for specific events covered by this item
- Power Outage
- Fire Alarm System Failures
-
Malfunction caused by an act or omission by or on behalf of distributor.
- Content or Key Packaging Errors
- Content or Key Delivery Errors
-
Lamp and/or Reflector failure - that cannot be fixed with replacement
-
Disk Drive Failure - which cannot be fixed with replacement
-
Failures by third parties with whom the Distributor has contracted directly to provide optional services (including any Affiliate of DCIP)
FOX - Quality Failure
Digital Title - "Quality Failure" is a failure of DCIP Owner Equipment
- 2 OR MORE consecutive missed exhibitions of a Digital Title in the opening week of a Digital Title
- 3 OR MORE consecutive missed exhibitions of a Digital Title from the 2nd week on
- 3 OR MORE consecutive missed exhibitions of a Digital Title on a Projection System at a "Rural Complex" per Exhibit "L" below.
VPF Credits
- Distributor shall be entitled to a VPF Credit of:
- 100% of the relevant Standard VPF, if a Qualifying Event occurs within the first 2 Weeks of the Digital Title Engagement.
- 50% of the relevant Standard VPF, if a Qualifying Event occurs during the 3rd or 4th Week of the Digital Title Engagement
- 100% of the fee for Alternate Content
Exclusions:
-
Any cause beyond a party's control - See contract for specific events covered by this item
- Power Outage
- Fire Alarm System Failures
-
Malfunction caused by an act or omission by or on behalf of distributor.
- Content or Key Packaging Errors
- Content or Key Delivery Errors
-
Lamp and/or Reflector failure - that cannot be fixed with replacement
-
Disk Drive Failure - which cannot be fixed with replacement
-
Failures by third parties with whom the Distributor has contracted directly to provide optional services (including any Affiliate of DCIP)
