Common use of Advertising and Marketing Clause in Contracts

Advertising and Marketing. (a) Sprint will not, and will permit any of its Subsidiaries to, purchase advertising from any Local Media to promote specific iDEN Products and Services or the iDEN Network using the Sprint Brands, and will not permit any other party to advertise or otherwise promote in Local Media specific iDEN Products and Services or the iDEN Network using the Sprint Brands in the Service Area. (b) Any print advertising not prohibited by Section 2.7(a) that uses the Sprint Brands to promote specific iDEN Products and Services or the iDEN Network and that is reasonably likely to be seen by consumers in the Service Area will contain a disclaimer to the effect that such iDEN Products and Services are available only at participating retail locations. (c) Sprint will not, and will not permit its Subsidiaries to, undertake any new local pricing plans with respect to iDEN Products and Services in the Service Area that are unique to the Service Area and inconsistent with Sprint’s nationwide pricing plans for iDEN Products and Services. (d) Sprint will not, and will not permit any of its Subsidiaries to, make any promotional offers to CDMA Customers in the Service Area that are intended, or could reasonably be expected, to induce or otherwise encourage such CDMA Customers to reduce or cease the use of CDMA Products and Services in favor of iDEN Products and Services (e.g., awarding free iDEN handsets to CDMA Customers who turn in their CDMA handsets). (e) Sprint will avoid, and will cause its Subsidiaries to avoid, sending any direct mail or engaging in outbound telemarketing targeted for or into the Service Area that uses the Sprint Brands to promote iDEN Products and Services; provided that iPCS recognizes that Sprint’s systems will not permit total elimination of such marketing and that an immaterial de minimus amount of such marketing might occur in the Service Area. Upon written notice from iPCS that such immaterial de minimus marketing is occurring in the Service Area, Sprint will promptly use its commercially reasonable efforts to reduce such marketing to negligible levels. (f) Nothing in this Agreement will prohibit Sprint from sending to customers an announcement of the Sprint Nextel Merger that does not promote any specific product or service.

Advertising and Marketing. (a) Sprint will not, and will not permit any of its Subsidiaries to, purchase advertising from any Local Media to promote specific iDEN Products and Services or the iDEN Network using the Sprint Brands, and will not permit any other party to advertise or otherwise promote in Local Media specific iDEN Products and Services or the iDEN Network using the Sprint Brands in the Service Area. (b) Any print advertising not prohibited by Section 2.7(a) that uses the Sprint Brands to promote specific iDEN Products and Services or the iDEN Network and that is reasonably likely to be seen by consumers in the Service Area will contain a disclaimer to the effect that such iDEN Products and Services are available only at participating retail locations. (c) Sprint will not, and will not permit its Subsidiaries to, undertake any new local pricing plans with respect to iDEN Products and Services in the Service Area that are unique to the Service Area and inconsistent with Sprint’s 's nationwide pricing plans for iDEN Products and Services. (d) Sprint will not, and will not permit any of its Subsidiaries to, make any promotional offers to CDMA Customers in the Service Area that are intended, or could reasonably be expected, to induce or otherwise encourage such CDMA Customers to reduce or cease the use of CDMA Products and Services in favor of iDEN Products and Services (e.g., awarding free iDEN handsets to CDMA Customers who turn in their CDMA handsets). (e) Sprint will avoid, and will cause its Subsidiaries to avoid, sending any direct mail or engaging in outbound telemarketing targeted for or into the Service Area that uses the Sprint Brands to promote iDEN Products and Services; provided that iPCS the Affiliate recognizes that Sprint’s 's systems will not permit total elimination of such marketing and that an immaterial de minimus minimis amount of such marketing might occur in the Service Area. Upon written notice from iPCS the Affiliate that such immaterial de minimus minimis marketing is occurring in the Service Area, Sprint will promptly use its commercially reasonable efforts to reduce such marketing to negligible levels. (f) Nothing in this Agreement will prohibit Sprint from sending to customers an announcement of the Sprint Nextel Merger that does not promote any specific product or service.

Advertising and Marketing. (a) Sprint will not, and will not permit any of its Subsidiaries to, purchase advertising from any Local Media to promote specific iDEN Products and Services or the iDEN Network using the Sprint Brands, and will not permit any other party to advertise or otherwise promote in Local Media specific iDEN Products and Services or the iDEN Network using the Sprint Brands in the Service Area. (b) Any print advertising not prohibited by Section 2.7(a) that uses the Sprint Brands to promote specific iDEN Products and Services or the iDEN Network and that is reasonably likely to be seen by consumers in the Service Area will contain a disclaimer to the effect that such iDEN Products and Services are available only at participating retail locations. (c) Sprint will not, and will not permit its Subsidiaries to, undertake any new local pricing plans with respect to iDEN Products and Services in the Service Area that are unique to the Service Area and inconsistent with Sprint’s nationwide pricing plans for iDEN Products and Services. (d) Sprint will not, and will not permit any of its Subsidiaries to, make any promotional offers to CDMA Customers in the Service Area that are intended, or could reasonably be expected, to induce or otherwise encourage such CDMA Customers to reduce or cease the use of CDMA Products and Services in favor of iDEN Products and Services (e.g.for example, but without limitation, awarding free iDEN handsets to CDMA Customers who turn in their CDMA handsets). (e) Sprint will avoid, and will cause its Subsidiaries to avoid, sending any direct mail or engaging in outbound telemarketing targeted for or into the Service Area that uses the Sprint Brands to promote iDEN Products and Services; provided that iPCS UbiquiTel recognizes that Sprint’s systems will not permit total elimination of such marketing and that an immaterial de minimus amount of such marketing might occur in the Service Area. Upon written or telephonic notice from iPCS UbiquiTel that such immaterial de minimus marketing is occurring in the Service Area, Sprint will promptly use its commercially reasonable efforts to reduce such marketing to negligible levels. (f) Nothing in this Agreement will prohibit Sprint from sending to customers an announcement of the Sprint Nextel Merger that does not promote any specific product or service.

Advertising and Marketing. (a) Sprint will notDealer acknowledges and agrees that it is important for the System in general, and will permit any the other franchisees of the System in particular, that advertising and marketing programs used by franchisees of the System attempt to maximize general public recognition and acceptance of CarpetMAX -REGISTERED TRADEMARK- branded products and the retail outlets offering CarpetMAX -REGISTERED TRADEMARK- branded products. Accordingly, Dealer agrees that the Company and its Subsidiaries toCAC shall oversee all advertising and promotional programs undertaken by Dealer and other franchisees with the sole discretion to approve or disapprove the creative concepts, purchase advertising from any Local Media to promote specific iDEN Products materials and Services or the iDEN Network using the Sprint Brandsmedia used in such programs, and will the placement and allocation thereof. Dealer agrees not permit to offer any other party to advertise advertising or otherwise promote in Local Media specific iDEN Products and Services or the iDEN Network using the Sprint Brands in the Service Area. (b) Any print advertising promotional programs which do not prohibited by Section 2.7(a) that uses the Sprint Brands to promote specific iDEN Products and Services or the iDEN Network and that is reasonably likely to be seen by consumers in the Service Area will contain a disclaimer conform to the effect specifications, regulations and code of ethics outlined and provided by the Company and the CAC. Furthermore, in order to show uniformity and standardization among all franchisees of the System, Dealer shall obtain the Company's prior written approval of all written advertising or other marketing and promotional programs not previously approved by the Company regarding the Store including, without limitation, "yellow pages" advertising, newspaper ads, flyers, brochures, coupons, direct mail pieces, public relations activities, telemarketing programs and campaigns, specialty and novelty items and radio and television advertising. Any proposed written advertising or description of a marketing or promotional program not previously approved by the Company shall be submitted to the Company at least 20 days prior to publication, broadcast or use. Dealer acknowledges that such iDEN Products advertising and Services are available only at participating retail locations. (c) Sprint will notpromoting the Store in accordance with the Company's standards and specifications for advertising is an essential aspect of the Proprietary Marks and the CarpetMAX -REGISTERED TRADEMARK- brand and Dealer agrees to comply with all advertising standards and specifications. Dealer shall be solely responsible for compliance with all laws applicable to advertising in Dealer's Exclusive Area and, and will not permit its Subsidiaries toin particular, undertake any new local pricing plans Dealer agrees to take adequate measures to ascertain all legal requirements with respect to iDEN Products Dealer advertising and Services to comply fully with all such requirements. In no event shall Dealer be required by the Company to engage in the Service Area that are unique to the Service Area and inconsistent with Sprint’s nationwide pricing plans for iDEN Products and Servicesany advertising activities which would violate applicable law in Dealer's jurisdiction. (d) Sprint will not, and will not permit any of its Subsidiaries to, make any promotional offers to CDMA Customers in the Service Area that are intended, or could reasonably be expected, to induce or otherwise encourage such CDMA Customers to reduce or cease the use of CDMA Products and Services in favor of iDEN Products and Services (e.g., awarding free iDEN handsets to CDMA Customers who turn in their CDMA handsets). (e) Sprint will avoid, and will cause its Subsidiaries to avoid, sending any direct mail or engaging in outbound telemarketing targeted for or into the Service Area that uses the Sprint Brands to promote iDEN Products and Services; provided that iPCS recognizes that Sprint’s systems will not permit total elimination of such marketing and that an immaterial de minimus amount of such marketing might occur in the Service Area. Upon written notice from iPCS that such immaterial de minimus marketing is occurring in the Service Area, Sprint will promptly use its commercially reasonable efforts to reduce such marketing to negligible levels. (f) Nothing in this Agreement will prohibit Sprint from sending to customers an announcement of the Sprint Nextel Merger that does not promote any specific product or service.