Additional Marketing to Cardholders and Financial Products Customers Sample Clauses

Additional Marketing to Cardholders and Financial Products Customers. (a) Sears may advertise and promote Sears and Merchandise by including promotional materials regarding Sears or such Merchandise in the Account and Financial Product billing statements (the “Sears Statement Inserts”), and shall pay Purchaser’s Cost to produce such Sears Statement Inserts. Purchaser shall make available to Sears for such solicitation purposes 83% (rounded to the nearest whole insert) of the space available for Statement Inserts in each billing statement, with the remaining space being available for Purchaser’s promotion of the Program, which materials shall be subject to the approval of Sears (such approval not to be unreasonably withheld), unless Sears and Purchaser agree otherwise; provided, however, that any Credit Card disclosures, notices, and other information required by Law (as reasonably determined by Purchaser) or Purchaser Policy (collectively, the “Purchaser Notices”) shall have first priority, and the Sears Statement Inserts permitted pursuant to this Section 4.4(a) shall be assigned priority second to such Purchaser Notices. Sears shall conform to all customary standards and requirements of Purchaser in connection with the size and weight requirements for Sears Statement Inserts. Sears shall retain all revenue it receives from the Sears Statement Inserts. Notwithstanding the foregoing, Purchaser shall not be required to add additional Sears Statement Inserts that would require additional mail postage, unless Sears agrees to assume the costs related to such additional postage. (b) Sears may, at its own expense, send individual pieces of direct mail (“Sears Solo Mailings”) to Cardholders or Financial Products Customers to promote Merchandise. Subject to applicable Law and Purchaser Policy, Purchaser shall, for the purpose of conducting a Sears Solo Mailing, provide a current list of Cardholders or Financial Products Customers to Sears, or to a mail house or agent designated by Sears, in electronic form or such other standard format as Sears may reasonably request. (c) For all Accounts and Financial Products, Sears shall have access to, and may use 93% of the space that is reasonably available on the billing statements and billing envelopes, including the space on the billing envelope that is commonly referred to as the “bangtail” (which Purchaser shall include on all billing envelopes) to advertise and promote Merchandise (“Sears Billing Messages”), and shall pay Purchaser’s actual direct cost (without any allocation of overhead...