Advertising Showroom Sample Clauses

Advertising Showroom. (a) Licensor shall promote, market and advertise the Licensed Marks and shall administer the budget for such advertising, marketing and promotion. As a contribution to said advertising, marketing and promotion, Licensee shall pay to Licensor a fee (the "ADVERTISING FEE") for each Annual Period in an amount equal to ***** percent (**%) of the higher of: (i) the actual Net Sales by gender for such Annual Period; and (ii) the Guaranteed Minimum Net Sales by gender, as such term is defined below, for such Annual Period. During each Annual Period, Licensee shall pay the Advertising Fee to Licensor in installments by gender proportional to and at the same time as installments of Guaranteed Minimum Royalty, as such term is defined below, for such Annual Period are payable hereunder. Any additional Advertising Fee payable to Licensor, or any refund of Advertising Fee payable to Licensee, for an Annual Period shall be accounted for and paid in the same manner and at the same time that Sales Royalty, as such term is defined below, is to be accounted for and paid hereunder. The Advertising Fee for each gender for each Annual Period shall be credited for the same Annual Period by gender. No payment of Advertising Fee for any Annual Period in excess of the minimum Advertising Fee by gender for such Annual Period shall be credited against the minimum Advertising Fee by gender for any other Annual Period. Under no circumstances shall the minimum Advertising Fee be refundable. (b) The Licensor Group shall use a portion of the Advertising Fee for institutional advertising of the Licensed Marks, as it so determines, which may include the cost of catalog advertising, Licensor's Websites and other electronic media and which may or may not include the Articles. In the event such advertising includes the Articles, Licensee shall cooperate with the Licensor Group in connection with such advertising and, if requested by Licensor, shall produce and deliver samples of Articles to Licensor for use in connection therewith at no cost to Licensor. (a) During the term of this Agreement, Licensee shall maintain at Licensee's expense, separate showrooms exclusively for the display of Articles by gender. Said showrooms shall be located in the borough of Manhattan and shall be located, designed, decorated, staffed, maintained and re-modeled, if deemed necessary in Licensor's reasonable judgment, in a manner commensurate with the reputation and prestige of the Licensed Marks and shall be sub...

Advertising Showroom