Channels of Distribution. (i) Licensee shall diligently and continuously manufacture, sell, distribute, advertise, and promote the Licensed Products during the Term, and shall make and maintain adequate arrangements for the distribution of the Licensed Products solely to the Channels of Distribution set forth in Schedule M. Licensee shall offer the Licensed Products for sale in substantial quantities by the marketing date specified in Schedule H, with delivery within a reasonable time thereafter, including at least one of the Licensed Products in each of the categories listed in Schedule B.
(ii) If, at any time thereafter, Licensee for a period of three (3) consecutive months has failed to sell any of the Licensed Products (or any class or category of the Licensed Products) covered hereunder to any of the Channels of Distribution set forth in Schedule M, Licensor, in addition to all other remedies available to it hereunder, may terminate this license with respect to such Licensed Products or class or category thereof which have not been sold during such period by giving written notice of termination to such effect to Licensee. Such written notice of termination shall become effective thirty (30) days thereafter with respect to any Licensed Products (or any class of category of the Licensed Products) that has not been sold within said thirty (30) day cure period.
Channels of Distribution. The only channels of distribution of the Licensed Products shall be (a) the approved accounts listed on Schedule 5.4(a) and such other accounts as Licensor may approve in writing upon Licensee’s request; (b) Stores owned or operated by Licensee, (c) Licensor Retail Stores; and (d) to the extent permitted under Section 5.6, the off-price accounts set forth on Schedule 5.4(b) and such other off-price accounts as Licensor may approve in writing upon Licensee’s request. Any sale or distribution of Licensed Products to an account that is not a Store and that has not been approved in advance by Licensor shall be deemed a material breach of this Agreement. It is understood and agreed that (i) men’s and women’s Licensed Products under the XXXXXXX XXXX trademark shall be sold exclusively in the respective men’s and women’s Designer Collection Zones of such stores, and (ii) men’s and women’s Licensed Products under the Better Xxxx shall be sold exclusively in the appropriate Zones of such stores, with the exception of: (i) specialty stores or other stores that do not merchandise such products in a separate Zone and (ii)
Channels of Distribution. The Licensee shall have the right to offer the Licensed Products directly to or through the following channels of distribution: distributors selling directly to funeral homes. The Licensee shall have no right to distribute the Licensed Products (or distribute the Licensed Products to any party the Licensee has reason to believe will distribute the Licensed Products) (i) to a theme park or an amusement park; (ii) via television or other broadcast home shopping channels or services; or (iii) to discount stores, buyers clubs, jobbers, liquidators, or any other retailers selling goods at a deep discount.
Channels of Distribution. Paragraph 1(b)(ii) of the License Agreement Summary is hereby amended by deleting that paragraph in its entirety and replacing it with the following:
Channels of Distribution. Subject to the provisions of this Agreement, the Licensee shall sell the Licensed Products only via the Distribution Channels listed in the applicable part of Schedule 1, or as notified by the Licensor from time to time in writing.
Channels of Distribution. Approved channels of distribution include Web Advertising and, Physicians and Spas, Retail Stores (other than those excluded in the paragraph which immediately follows), Duty Free Shops; retail websites owned and operated by retailers in the above channels, Licensee’s websites, websites maintained by American Express alone or with partners such as vente-prive, as well as dxxxxxxxx.xxx and Axxxxxxx.xxx; Nordstrom's, Sephora, Dillards, Bloomingdales, Saks, Neiman Marcus, Bergdorf Gxxxxxx, Macy's and other categories of “Macy's and above” stores, as well as all military and post exchange stores. Price Club, Sam’s Club, Fedco and other “Club” type stores are currently excluded but will be permitted commencing any year in which Licensee achieves sales of $5 million or more. Mass Market, discount and Low Tier Department Stores (i.e., Wal-Mart, K-Mart, Target, and Sears), are excluded from the approved Channels of Distribution under this Agreement. Internet Retailers will be handled on an individually approved by Licensor basis, and except as so proscribed herein, all other channels shall be permitted. Licensed Products bearing the “kxxxx xxxxxxx” mxxx xxx not be sold in the home improvement, drugstore, or food and grocery Channels of Distribution. Televised retail channels (HSN, QVC, etc.) are specifically excluded from the approved Channels of Distribution.
Channels of Distribution. Funeral Home
Channels of Distribution. Wholesalers and Retailers.
Channels of Distribution. Licensed Products may be sold to mass merchandisers, department stores, home centers, warehouse or club retailers, wholesalers, co-ops, hardware stores, lawn and garden retailers and landscape/contractor suppliers or other channels as specifically and reasonably agreed to by the parties ("Channels of Distribution") within the Territory who intend to offer this line for sale in a manner consistent with the marketing positioning and strategy established by Licensee marketing plans further defined in Article 5.1 and brand segmentation/distribution strategy shown in Exhibit D.
Channels of Distribution. Notwithstanding anything to the contrary in Paragraphs 3 and 4.c. of Schedule “I” attached hereto, the Licensed Articles may be sold to distributors and wholesalers, and shall be distributed and made available for sale solely through the following Channels of Distribution: airport and duty-free stores, bars and taverns, club stores, grocery stores, restaurants, and specialty stores.
