Anti-Diversion Sample Clauses
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Anti-Diversion. In order to assure continued effective promotion of Manufacture’s products and to protect against contamination and dilution of Manufacture’s products, and for other good and valid business reasons, it is the policy of Manufacturer that:
(1) Retailer may not sell Manufacturer’s products to any other retailer, re-seller, diverter, distributor, redistributor or wholesaler;
(2) Retailer may not knowingly sell Manufacturer’s products to any party intending to resell Manufacturer’s products;
(3) Retailer is authorized only to sell Manufacturer’s products directly to end-user consumers; and
(4) Retailer may not sell Manufacturer’s products in bulk. Retailer also acknowledges and agrees to Manufacturer’s Authorized Retailer Terms & Conditions (“T&C’s”) set forth in Exhibit A, which shall apply to Retailer. The T&C’s shall apply to all Manufacturer Products and may be adjusted by Manufacturer in its sole discretion.
Anti-Diversion. The product(s) subject to these Terms (the “Products”), including any software, documentation and any related technical data included with, or contained in, such Products, and any products utilizing any such Products, software, documentation or technical data (collectively, “Regulated Products”) may be subject to US export control laws and regulations, including the Export Administration Regulations and the International Traffic in Arms Regulations. The Customer shall not, and shall not permit any third parties to, directly or indirectly, export, re-export or release any Regulated Products to any jurisdiction or country to which, or any party to whom, the export, re-export or release of any Regulated Products is prohibited by applicable federal law, regulation or rule. The Customer shall be responsible for any breach of this Section by its customers, agents, distributors, resellers or vendors. A breach of this Section shall be considered a material breach of any agreement between the parties relating to the Products and WestRock may terminate any such agreement for cause without penalty.
Anti-Diversion. In order to assure the promotion of Products and high quality service to Customers and Consumer and to further protect against the dilution and contamination of the Sanitas Products and brands, it is the policy of Sanitas that all sales and/or distribution of Sanitas products not expressly permitted by this Agreement or the Customer Sales Policies are considered diversion (“Diversion”). With each order of Products, Customer represents that the Products being ordered are for professional spa, dermatological or medical services and sale to their informed end-users only. Distribution or sale of Products through other channels (including, without limitation, by mail or phone order, catalog, telephone solicitation, television, or radio, or through the world wide web (the “Internet”) or any other electronic medium) is strictly prohibited without the prior written consent of Sanitas. Furthermore, all authorized accounts acknowledge and agree to abide by the following:
(i) Customer will not sell Products to any diverter, distributor, redistributor, wholesaler or end-user that will or may likely engage in further distribution or sale of Products and will use its best efforts to prevent said parties from doing so.
(ii) Customer agrees not to sell in bulk and agrees not to sell any end-user more than six (6) pieces of any single SKU of Sanitas product in a single sales transaction in a single day.
(iii) Customer agrees not to remove, obliterate, hide, mask, alter or otherwise tamper with any batch codes, tracking codes, serial numbers, labels, lot numbers, expiration dates or any other codes located on the Product.
(iv) Customer will not distribute or sell products in bulk or resale Product to any other business, wholesaler, or distributor.
(v) Customer will not offer for sale, sell or distribute any backbar, tester or sample Products or Products associated with spa, dermatological or medical services or any products specifically identified or labeled as, or intended for, “Professional Use Only” or “Not Intended for Individual Sale” or “Not for Resale”.
Anti-Diversion. 1.1. Products purchased or otherwise acquired by the Customer shall be solely and exclusively for professional use in the provision of hairdressing services to its clients (“Professional Products”) or for resale to end-user consumers at Customer’s premises (“Salon”).
Anti-Diversion. (i) Impact shall not, and shall not permit any of its Affiliates or any of its and their licensees, sublicensees or Distributors to, distribute, market, promote, offer for sale or sell the Licensed Products directly or indirectly (a) to any Person for use in the Eikon Territory or (b) to any Person in the Impact Territory that Impact or any of its Affiliates or any of its or their licensees, sublicensees or Distributors knows (x) is likely to distribute, market, promote, offer for sale or sell any Licensed Product for use in the Eikon Territory or assist another Person to do so, or (y) has directly or indirectly distributed, marketed, promoted, offered for sale or sold any Licensed Product for use in the Eikon Territory or assisted another Person to do so. If Impact or any of its Affiliates receives or becomes aware of the receipt by a licensee, sublicensee or Distributor of any orders for any Licensed Product for use in the Eikon Territory, such Person shall refer such orders to Eikon. Impact shall cause its Affiliates and its and their licensees, sublicensees and Distributors to notify Eikon of any receipt of any orders for any Licensed Product for use in the Eikon Territory.
(ii) Eikon shall not, and shall not permit any of its Affiliates or any of its and their Sublicensees or Distributors to, distribute, market, promote, offer for sale or sell the Licensed Products directly or indirectly (a) to any Person for commercial use in the Impact Territory or (b) to any Person in the Eikon Territory that Eikon or any of its Affiliates or any of its or their Sublicensees or Distributors knows (x) is likely to distribute, market, promote, offer for sale or sell any Licensed Product for commercial use in the Impact Territory or assist another Person to do so, or (y) has directly or indirectly distributed, marketed, promoted, offered for sale or sold any Licensed Product for commercial use in the Impact Territory or assisted another Person to do so. If Eikon or any of its Affiliates or its or their Sublicensees receives or becomes aware of the receipt by a licensee, sublicensee or distributor of any orders for any Licensed Product for commercial use in the Impact Territory, such Person shall refer such orders to Impact. Eikon shall cause its Affiliates and its and their Sublicensees and Distributors to notify Impact of any receipt of any orders for any Licensed Product for commercial use in the Impact Territory.
(iii) If, notwithstanding the foregoing, a court of ...
Anti-Diversion. Reseller agrees to abide by JDB’s anti-diversion policy which is attached hereto as Exhibit C.
Anti-Diversion