Common use of Approval of Advertising Clause in Contracts

Approval of Advertising. (a) No sales, promotion or other advertising or training materials relating to the Products or Company (“Sales Material”) shall be used unless approved in writing by Company prior to such use. “Sales Material” shall include, but is not limited to, any material relating to the Products or Company which are designed to create public interest in life insurance or annuities or in an insurer, or in an insurance producer, or to induce the public to purchase, modify, increase, reinstate, borrow on, surrender, replace, or retain a policy of insurance or annuity. (b) The consideration for and the giving of such approval shall apply to each specific request and shall not be construed to have applied to any subsequent materials or programs. All materials shall be subject to periodic review after initial approval to ensure compliance with applicable law, regulations, and Company policies. At least one hard copy of each piece of Sales Materials in the form used shall be supplied to Company at least ten business days prior to first use. Additional copies or longer time period may be required for Sales Materials that must be filed for approval with any regulatory authorities prior to use. (c) No representations in connection with the sale or solicitation for sale of the Products, other than those contained in the currently effective registration statement and prospectus for each Registered Product filed with the SEC, or in the approved Sales Materials for each Product, shall be made by Producer. Producer assumes full responsibility for all Sales Materials not prepared or approved by Company and all such Sales Materials will be deemed to be Producer’s materials. Unless otherwise agreed by the parties it shall be Broker Dealer’s responsibility to file and obtain FINRA approval of any Sales Materials prepared by Producer. (d) The Company will use reasonable efforts to provide Producer with information and marketing assistance, including providing reasonable quantities of advertising materials, sales literature, and reports on such terms and at such costs as the Company and the Producer shall mutually agree from time to time. Sales Material provided by the Company shall have been authorized by the Company and shall conform to all applicable legal requirements as of the date of delivery. (e) Company shall not use any advertising material, prospectus, proposal, or representation referring to Producer or its affiliates unless furnished by Producer or until the approval of Producer shall have been first secured. The consideration for and the giving of such approval shall relate to each specific request and shall not be construed to have applied to any subsequent materials or programs. (f) The provision of Products and Sales Material to Producer, or sales material referring to the Producer, shall not provide the receiving party with any license to use any tradenames, trademarks, service marks or logos or proprietary information of the providing party, except to the extent necessary to carry out the purposes of this Agreement.

Appears in 8 contracts

Samples: Life Insurance Company Product Sales Agreement (Separate Account VA PP), Life Insurance Company Product Sales Agreement (Separate Account Va U), Life Insurance Company Product Sales Agreement (Separate Account Va V)

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Approval of Advertising. (a) No sales, promotion or other advertising or training materials relating to the Products or Company (“Sales Material”) shall be used by any Producer or Subproducer unless approved in writing by Company prior to such use. Company approval notice will specify the approved jurisdictions, intended audience and manner of distribution for the specific material. “Sales Material” shall include, but is not limited to, any material relating to the Products or Company which are is designed to create public interest in life insurance or annuities or in an insurer, or in an insurance producer, or to induce the public to purchase, modify, increase, reinstate, borrow on, surrender, replace, or retain a policy of insurance or annuity. (b) The consideration for and the giving of such approval shall apply to each specific request and shall not be construed to have applied to any subsequent materials or programs. All materials shall be subject to periodic annual review after initial approval to ensure continued compliance with applicable law, regulations, and Company policies. At least one hard copy of each piece of Sales Materials in the form proposed to be used shall be supplied to Company at least ten business days prior to first use. Additional copies or longer time period may be required for Sales Materials that must be filed for approval with any regulatory authorities prior to use. Producer or Subproducer shall maintain records of sales material dissemination for no less than 5 years after discontinuance of use or publication, unless otherwise notified by Company. These dissemination records shall be provided promptly to Company upon request. (c) Company retains the right to revoke any sales material approvals. Upon receipt of a written revocation notice from Company, Producer or Subproducer shall discontinue use of the specific material within 3 business days. (d) No representations in connection with the sale or solicitation for sale of the Products, other than those contained in the currently effective registration statement and prospectus for each Registered Product filed with the SEC, or in the approved Sales Materials for each Product, shall be made by Producer. Producer assumes full responsibility for all Sales Materials not prepared or approved by Company and all such Sales Materials will be deemed to be Producer’s materials. Unless otherwise agreed by the parties it shall be Broker Broker-Dealer’s responsibility to file and obtain FINRA approval of any Sales Materials prepared by Producer. (de) The Company will use reasonable efforts to provide Producer with information and marketing assistance, including providing reasonable quantities of advertising materials, sales literature, and reports on such terms and at such costs as the Company and the Producer shall mutually agree from time to time. Sales Material provided by the Company shall have been authorized by the Company and shall conform to all applicable legal requirements as of the date of delivery. (ef) Company shall not use any advertising material, prospectus, proposal, or representation referring to Producer or its affiliates unless furnished by Producer or until the approval of Producer shall have been first secured. The consideration for and the giving of such approval shall relate to each specific request and shall not be construed to have applied to any subsequent materials or programs. (fg) The provision of Products As between Company and Sales Material to Producer, or sales material referring to the Producer, shall not provide the receiving party with any license to use any tradenames, all trademarks, service marks marks, trade names, logos, or logos other words, symbols or proprietary information indicia of origin, identifying the Company or the Company’s products or services (the “Marks”) are and will remain the exclusive property of the providing partyCompany or its licensors. Before publishing or disseminating any materials bearing a Xxxx, Producer will deliver an exact copy of the materials to the Company for prior written approval. If the Company notifies Producer that the use of the Xxxx is inappropriate, Producer will not publish or otherwise disseminate the materials until they have been modified and approved by the Company in writing. Producer will not acquire any rights in the Marks, except the limited use rights specified in the written approval provided by the Company. Producer will not register, directly or indirectly, any trademark, service xxxx, trade name, company name, Internet domain name, or other proprietary or commercial right, that is identical or confusingly similar to a Xxxx, or constitutes a translation of a Xxxx. All goodwill arising from the use of the Marks inures to the extent necessary to carry out exclusive benefit of the purposes of this AgreementCompany or its licensors.

Appears in 2 contracts

Samples: Sales Agreement (Separate Account Va-2l), Broker/Dealer Sales Agreement (Separate Account Va M)

Approval of Advertising. (a) No sales, promotion or other advertising or training materials relating to the Products or Company (“Sales Material”) shall be used unless approved in writing by Company prior to such use. “Sales Material” shall include, but is not limited to, any material relating to the Products or Company which are designed to create public interest in life insurance or annuities or in an insurer, or in an insurance producer, or to induce the public to purchase, modify, increase, reinstate, borrow on, surrender, replace, or retain a policy of insurance or annuity. (b) The consideration for and the giving of such approval shall apply to each specific request and shall not be construed to have applied to any subsequent materials or programs. All materials shall be subject to periodic review after initial approval to ensure compliance with applicable law, regulations, and Company policies. At least one hard copy of each piece of Sales Materials in the form used shall be supplied to Company at least within ten business days prior to of first use. Additional copies or longer time period may be required for Sales Materials that must may be required to be filed for approval with any state regulatory authorities prior to useauthorities. (c) No representations in connection with the sale or solicitation for sale of the Products, other than those contained in the currently effective registration statement and prospectus for each Registered Product filed with the SEC, or in the approved Sales Materials for each Product, shall be made by Producer. Producer assumes full responsibility for all Sales Materials not prepared or approved by Company and all such Sales Materials will be deemed to be Producer’s materials. Unless otherwise agreed by the parties it shall be Broker Dealer’s responsibility to file and obtain FINRA approval of any Sales Materials prepared by Producer. (d) The Company will use reasonable efforts to provide Producer you with information and marketing assistance, including providing reasonable quantities of advertising materials, sales literature, and reports on such terms and at such costs as the Company and the Producer shall mutually agree from time to time. Sales Material provided by the Company shall have been authorized by the Company and shall conform to all applicable legal requirements as of the date of delivery. (e) . Company shall not use any advertising material, prospectus, proposal, or representation referring to Producer or its affiliates unless furnished by Producer or until the approval of Producer shall have been first secured. The consideration for and the giving of such approval shall relate to each specific request and shall not be construed to have applied to any subsequent materials or programs. (fe) The provision of Products and Sales Material for the Products to Producer, or sales material referring to the Producer, Producer shall not provide the receiving party Producer with any license to use any tradenames, trademarks, service marks or logos or proprietary information of the providing partyCompany, except to the extent necessary for the Producer to carry out distribute the purposes policies in accordance with the terms of this Agreement.

Appears in 2 contracts

Samples: Broker/Dealer Agreement (Separate Account VA WM), Broker/Dealer Agreement (Separate Account VA WM)

Approval of Advertising. (a) No sales, promotion or other advertising or training materials relating to the Products or Company (“Sales Material”) shall be used by any Producer or Subproducer unless approved in writing by Company prior to such use. Company approval notice will specify the approved jurisdictions, intended audience and manner of distribution for the specific material. “Sales Material” shall include, but is not limited to, any material relating to the Products or Company which are is designed to create public interest in life insurance or annuities or in an insurer, or in an insurance producer, or to induce the public to purchase, modify, increase, reinstate, borrow on, surrender, replace, or retain a policy of insurance or annuity. (b) The consideration for and the giving of such approval shall apply to each specific request and shall not be construed to have applied to any subsequent materials or programs. All materials shall be subject to periodic annual review after initial approval to ensure continued compliance with applicable law, regulations, and Company policies. At least one hard copy of each piece of Sales Materials in the form proposed to be used shall be supplied to Company at least ten (10) business days prior to first use. Additional copies or longer time period may be required for Sales Materials that must be filed for approval with any regulatory authorities prior to use. Producer or Subproducer shall maintain records of sales material dissemination for no less than five (5) years after discontinuance of use or publication, unless otherwise notified by Company. These dissemination records shall be provided promptly to Company upon request. (c) Company retains the right to revoke any Sales Material approvals. Upon receipt of a written revocation notice from Company, Producer or Subproducer shall discontinue use of the specific material within three (3) business days. (d) No representations in connection with the sale or solicitation for sale of the Products, other than those contained in the currently effective registration statement and prospectus for each Registered Product filed with the SEC, or in the approved Sales Materials for each Product, shall be made by Producer. Producer assumes full responsibility for all Sales Materials not prepared or approved by Company and all such Sales Materials will be deemed to be Producer’s materials. Unless otherwise agreed by the parties it shall be Broker Broker-Dealer’s responsibility to file and obtain FINRA approval of any Sales Materials prepared by Producer. (de) The Company will use reasonable efforts to provide Producer with information and marketing assistance, including providing reasonable quantities of advertising materials, sales literature, and reports on such terms and at such costs as the Company and the Producer shall mutually agree from time to time. Sales Material provided by the Company shall have been authorized by the Company and shall conform to all applicable legal requirements as of the date of delivery. (ef) Company shall not use any advertising material, prospectus, proposal, or representation referring to Producer or its affiliates unless furnished by Producer or until the approval of Producer shall have been first secured. The consideration for and the giving of such approval shall relate to each specific request and shall not be construed to have applied to any subsequent materials or programs. (fg) The provision of Products As between Company and Sales Material to Producer, or sales material referring to the Producer, shall not provide the receiving party with any license to use any tradenames, all trademarks, service marks marks, trade names, logos, or logos other words, symbols or proprietary information indicia of origin, identifying the Company or the Company’s products or services (the “Marks”) are and will remain the exclusive property of the providing partyCompany or its licensors. Before publishing or disseminating any materials bearing a Xxxx, Producer will deliver an exact copy of the materials to the Company for prior written approval. If the Company notifies Producer that the use of the Xxxx is inappropriate, Producer will not publish or otherwise disseminate the materials until they have been modified and approved by the Company in writing. Producer will not acquire any rights in the Marks, except the limited use rights specified in the written approval provided by the Company. Producer will not register, directly or indirectly, any trademark, service xxxx, trade name, company name, Internet domain name, or other proprietary or commercial right, that is identical or confusingly similar to a Xxxx, or constitutes a translation of a Xxxx. All goodwill arising from the use of the Marks inures to the extent necessary to carry out exclusive benefit of the purposes of this AgreementCompany or its licensors.

Appears in 2 contracts

Samples: Selling Agreement (Transamerica Life Insurance Co), Broker/Dealer Sales Agreement (Separate Account Va Bny)

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Approval of Advertising. (a) No sales, promotion or other advertising or training materials relating to the Products or Company (“Sales Material”) shall be used by any Producer or Subproducer unless approved in writing by Company prior to such use. Company approval notice will specify the approved jurisdictions, intended audience and manner of distribution for the specific material. “Sales Material” shall include, but is not limited to, any material relating to the Products or Company which are is designed to create public interest in life insurance or annuities or in an insurer, or in an insurance producer, or to induce the public to purchase, modify, increase, reinstate, borrow on, surrender, replace, or retain a policy of insurance or annuity. (b) The consideration for and the giving of such approval shall apply to each specific request and shall not be construed to have applied to any subsequent materials or programs. All materials shall be subject to periodic annual review after initial approval to ensure continued compliance with applicable law, regulations, and Company policies. At least one hard copy of each piece of Sales Materials in the form proposed to be used shall be supplied to Company at least ten (10) business days prior to first use. Additional copies or longer time period may be required for Sales Materials that must be filed for approval with any regulatory authorities prior to use. Producer or Subproducer shall maintain records of sales material dissemination for no less than five (5) years after discontinuance of use or publication, unless otherwise notified by Company. These dissemination records shall be provided promptly to Company upon request. (c) Company retains the right to revoke any Sales Material approvals. Upon receipt of a written revocation notice from Company, Producer or Subproducer shall discontinue use of the specific material within three (3) business days. (d) No representations in connection with the sale or solicitation for sale of the Products, other than those contained in the currently effective registration statement and prospectus for each Registered Product filed with the SEC, or in the approved Sales Materials for each Product, shall be made by Producer. Producer assumes full responsibility for all Sales Materials not prepared or approved by Company and all such Sales Materials will be deemed to be Producer’s materials. Unless otherwise agreed by the parties it shall be Broker Broker-Dealer’s responsibility to file and obtain FINRA approval of any Sales Materials prepared by Producer. (de) The Company will use reasonable efforts to provide Producer with information and marketing assistance, including providing reasonable quantities of advertising materials, sales literature, and reports on such terms and at such costs as the Company and the Producer shall mutually agree from time to time. Sales Material provided by the Company shall have been authorized by the Company and shall conform to all applicable legal requirements as of the date of delivery. (ef) Company shall not use any advertising material, prospectus, proposal, or representation referring to Producer or its affiliates unless furnished by Producer or until the approval of Producer shall have been first secured. The consideration for and the giving of such approval shall relate to each specific request and shall not be construed to have applied to any subsequent materials or programs. (fg) The provision of Products As between Company and Sales Material to Producer, or sales material referring to the Producer, shall not provide the receiving party with any license to use any tradenames, all trademarks, service marks marks, trade names, logos, or logos other words, symbols or proprietary information indicia of origin, identifying the Company or the Company’s products or services (the “Marks”) are and will remain the exclusive property of the providing partyCompany or its licensors. Before publishing or disseminating any materials bearing a Mark, Producer will deliver an exact copy of the materials to the Company for prior written approval. If the Company notifies Producer that the use of the Mark is inappropriate, Producer will not publish or otherwise disseminate the materials until they have been modified and approved by the Company in writing. Producer will not acquire any rights in the Marks, except the limited use rights specified in the written approval provided by the Company. Producer will not register, directly or indirectly, any trademark, service mark, trade name, company name, Internet domain name, or other proprietary or commercial right, that is identical or confusingly similar to a Mark, or constitutes a translation of a Mark. All goodwill arising from the use of the Marks inures to the extent necessary to carry out exclusive benefit of the purposes of this AgreementCompany or its licensors.

Appears in 1 contract

Samples: Selling Agreement (Transamerica Financial Life Insurance Co)

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