Appearance and Customer Satisfaction. BUYER acknowledges that the appearance of, and customer experience at, every Branded Outlet reflects on the good will value of the Brands to every customer, SELLER and Affiliate, and are essential to the reputation of the Marks, Brands and Products. BUYER accordingly agrees, and agrees to cause the Operators, while this Agreement remains in effect, to:
(a) fulfill, at each Branded Outlet, the appearance and customer service objectives and expectations established from time to time by SELLER for its branded outlets, including those set forth in Section 6.2, below;
(b) refrain from use, and from allowing the use, of any Branded Outlet for sale, use, storage, rent, display, or offering of:
(1) pornographic or sexually explicit magazines, videotapes, compact disks, digital video disks, electronic and digital media, and similar literature or items of merchandise;
(2) illegal gambling, illegal gaming, or any gaming that, in SELLER’s sole judgment, may constitute an unlawful activity, regardless of whether such sale, use, storage, rent, display or offering is lawful, including without limitation, such activities at a facility that may be confused by the consuming public as associated with the Branded Outlet;
(3) scheduled or controlled substances, illegal drugs and any item that, in SELLER’s sole judgment, would have the potential to negatively impact its brand reputation or is analogous to a scheduled or controlled substance, regardless of its labeling and regardless whether its sale, use or distribution is lawful, including but not limited to, substances known or marketed as synthetic drugs, “spice”, “herbal incense”, “K2”, “bath salts” or the like; and
(4) any item that, in SELLER’s sole judgment, is intended or designed for use in ingesting, inhaling, or otherwise consuming an illegal drug or for manufacturing or processing of an illegal drug, including but not limited to, pipes, tubes, xxxxx clips, instructions or descriptive materials, or containers for concealing illegal drugs or drug paraphernalia;
(c) refrain from charging unlawful prices for Products sold during a declared or undeclared crisis or emergency; and
(d) train employees and establish and enforce reasonable controls, procedures and safeguards for the detection and prevention at the Branded Outlets of:
(1) skimming, identity theft, and other forms of fraud involving the use of Transaction Cards; and
(2) the sale of tobacco or alcohol content products, and any other age-restricted products, to u...
