TiVo 2004 Annual Report Download - page 107

Download and view the complete annual report

Please find page 107 of the 2004 TiVo annual report below. You can navigate through the pages in the report by either clicking on the pages listed below, or by using the keyword search tool below to find specific information within the annual report.

Page out of 208

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
  • 13
  • 14
  • 15
  • 16
  • 17
  • 18
  • 19
  • 20
  • 21
  • 22
  • 23
  • 24
  • 25
  • 26
  • 27
  • 28
  • 29
  • 30
  • 31
  • 32
  • 33
  • 34
  • 35
  • 36
  • 37
  • 38
  • 39
  • 40
  • 41
  • 42
  • 43
  • 44
  • 45
  • 46
  • 47
  • 48
  • 49
  • 50
  • 51
  • 52
  • 53
  • 54
  • 55
  • 56
  • 57
  • 58
  • 59
  • 60
  • 61
  • 62
  • 63
  • 64
  • 65
  • 66
  • 67
  • 68
  • 69
  • 70
  • 71
  • 72
  • 73
  • 74
  • 75
  • 76
  • 77
  • 78
  • 79
  • 80
  • 81
  • 82
  • 83
  • 84
  • 85
  • 86
  • 87
  • 88
  • 89
  • 90
  • 91
  • 92
  • 93
  • 94
  • 95
  • 96
  • 97
  • 98
  • 99
  • 100
  • 101
  • 102
  • 103
  • 104
  • 105
  • 106
  • 107
  • 108
  • 109
  • 110
  • 111
  • 112
  • 113
  • 114
  • 115
  • 116
  • 117
  • 118
  • 119
  • 120
  • 121
  • 122
  • 123
  • 124
  • 125
  • 126
  • 127
  • 128
  • 129
  • 130
  • 131
  • 132
  • 133
  • 134
  • 135
  • 136
  • 137
  • 138
  • 139
  • 140
  • 141
  • 142
  • 143
  • 144
  • 145
  • 146
  • 147
  • 148
  • 149
  • 150
  • 151
  • 152
  • 153
  • 154
  • 155
  • 156
  • 157
  • 158
  • 159
  • 160
  • 161
  • 162
  • 163
  • 164
  • 165
  • 166
  • 167
  • 168
  • 169
  • 170
  • 171
  • 172
  • 173
  • 174
  • 175
  • 176
  • 177
  • 178
  • 179
  • 180
  • 181
  • 182
  • 183
  • 184
  • 185
  • 186
  • 187
  • 188
  • 189
  • 190
  • 191
  • 192
  • 193
  • 194
  • 195
  • 196
  • 197
  • 198
  • 199
  • 200
  • 201
  • 202
  • 203
  • 204
  • 205
  • 206
  • 207
  • 208

with Section 3.3 (DIRECTV Sale of User Data to Third Parties)), DIRECTV's fee payment for that year would be [*].
6.3 Editorial Review Rights.
(a) DIRECTV shall have the right to reasonably review and approve the factual accuracy and the creative content generated by TiVo or any third
party providing content to TiVo for distribution to the DIRECTV DVR Receivers, including but not limited to Showcases and Lead Generation and
Submission Functionality (collectively, the "TiVo Content"). All TiVo Content shall comply with applicable Laws and comport with reasonable
standards of good taste (consistent with the broadcast standards utilized by major broadcast television networks for commercial advertising, including
standards applicable to advertising that is available during daytime hours), including without limitation, those relating to advertisements of material that
would be considered objectionable to a reasonable DIRECTV customer, and further including without limitation, those relating to advertisements for
drug-related paraphernalia, cigarettes and distilled spirits.
(b) TiVo shall have the right to reasonably review and approve the factual accuracy and the creative content generated by DIRECTV or any third
party providing content to DIRECTV for distribution to the Stand Alone Receivers (including but not limited to Showcases and Lead Generation and
Submission Functionality (collectively, the "DIRECTV Content"). All DIRECTV Content shall comply with applicable Laws and comport with
reasonable standards of good taste (consistent with the broadcast standards utilized by major broadcast television networks for commercial advertising,
including standards applicable to advertising that is available during daytime hours), including without limitation, those relating to advertisements of
material that would be considered objectionable to a reasonable TiVo customer, and further including without limitation, those relating to
advertisements for drug-related paraphernalia, cigarettes and distilled spirits.
(c) DIRECTV and TiVo will cooperate to establish mutually agreeable editorial review procedures so as to enable each party to exercise its rights
as contemplated by this Agreement.
6.4 User-Interface Modifications and Control. DIRECTV shall have the sole control over modifications to the user interface in the application of the
TiVoVision functionality on the DIRECTV DVR Receivers for DIRECTV TiVoVision Use, and TiVo agrees to implement and manage such user interface
modifications at TiVo's then-current rates for such services; provided that, prior to DIRECTV exercising its license option pursuant to Section 4.6
(Technology License) of the Development Agreement, any such modification does not require an upgrade to the then-current software version on any of the
DIRECTV DVR Receivers. The user interface presentation for the TiVoVision functionality on the DIRECTV DVR Receivers for TiVo's TiVoVision Use
shall be substantially similar in nature and quality as that of DIRECTV use for similar content.
[*] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment
has been requested with respect to the omitted portions.