Customer’s Covenants. A. The following applies to Customers that are approved by NIKE in writing to sell Product at one or more physical Stores (a “brick and mortar” store). STORES – Except as expressly permitted in Section 6.B and/or 6.C below, or when otherwise approved by NIKE in writing, Customer will not: (a) sell Product under any store name or at any physical Store other than under the store name and at the particular physical store identified in this Credit Application (Exhibit B) or, in the case of multiple Stores, at the location to which the Product was shipped (assuming it was an approved location); or (b) sell Product other than to retail consumers physically present at such Store who are purchasing for their personal use and not for resale; or (c) accept orders or sell Product through the Internet, e-mail, mobile applications, or any other electronic channel, except that Customer may advertise Product through those channels to create or enhance consumer awareness of Product performance features and/or indicate the availability of Product at an authorized Store so long as Customer complies with Section 9 below. Customer will at all times provide clean, modern and adequate retail outlet(s) necessary for the proper merchandising and selling of Product. B. The following applies if NIKE has indicated in the Account Agreement, or in another writing signed by an authorized representative of NIKE, that Customer is approved to sell Product through digital Stores (as defined below).
Appears in 2 contracts
Samples: Account Agreement, Account Agreement
Customer’s Covenants. A. The following applies to Customers that are approved by NIKE in writing to sell Product at one or more physical Stores store locations (a “brick and mortar” store). STORES – Except as expressly permitted in Section subsection 6.B and/or 6.C below, or when otherwise approved by NIKE FLIPBELT in writing, Customer will not:
not (a) sell Product under any store name or at any physical Store store location other than under the store name and at the particular physical store identified in this Credit Application (Exhibit B) or, in the case of multiple Storesstore locations, at the location to which the Product was shipped (assuming it was an approved location); or
(b) sell Product other than to retail consumers physically present at such Store store location who are purchasing for their personal use and not for resale; or
or (c) accept orders or sell Product through the Internet, e-mail, mobile applications, mail or any other electronic channel, except that Customer may advertise Product through those channels to create or enhance consumer awareness of Product performance features and/or indicate the availability of Product at an authorized Store store location so long as Customer complies with Section 9 below. Customer will at all times provide clean, modern and adequate retail outlet(s) necessary for the proper merchandising and selling of Product.
B. The following applies if NIKE has indicated in the Account Agreement, or in another writing signed by an authorized representative of NIKE, to Customers that Customer is are approved to sell Product through digital Stores (as defined below)on a website.
Appears in 1 contract
Samples: Map Retailer Agreement
Customer’s Covenants. A. The following applies to Customers that are approved by NIKE in writing to sell Product at one or more physical Stores store locations (a “brick and mortar” store). STORES – Except as expressly permitted in Section subsection 6.B and/or 6.C below, or when otherwise approved by NIKE the Company in writing, Customer will not:
not (a) sell Product under any store name or at any physical Store store location other than under the store name and at the particular physical store identified in this Credit Application (Exhibit B) or, in the case of multiple Storesstore locations, at the location to which the Product was shipped (assuming it was an approved location); or
(b) sell Product other than to retail consumers physically present at such Store store location who are purchasing for their personal use and not for resale; or
or (c) accept orders or sell Product through the Internet, e-mail, mobile applications, mail or any other electronic channel, except that Customer may advertise Product through those channels to create or enhance consumer awareness of Product performance features and/or indicate the availability of Product at an authorized Store store location so long as the Customer complies with Section 9 below. The Customer will at all times provide clean, modern and adequate retail outlet(s) necessary for the proper merchandising and selling of Product.
B. The following applies if NIKE has indicated in the Account Agreement, or in another writing signed by an authorized representative of NIKE, to Customers that Customer is are approved to sell Product through digital Stores (as defined below)on a website.
Appears in 1 contract
Samples: Account Agreement
Customer’s Covenants. A. The following applies to Customers that are approved by NIKE in writing to sell Product at one or more physical Stores store locations (a “brick and mortar” store). STORES – Except as expressly permitted in Section subsection 6.B and/or 6.C below, or when otherwise approved by NIKE the Company in writing, Customer will not:
not (a) sell Product under any store name or at any physical Store store location other than under the store name and at the particular physical store identified in this Credit Application (Exhibit B) or, in the case of multiple Storesstore locations, at the location to which the Product was shipped (assuming it was an approved location); or
(b) sell Product other than to retail consumers physically present at such Store store location who are purchasing for their personal use and not for resale; or
or (c) accept orders or sell Product through the Internet, e-mail, mobile applications, mail or any other electronic channel, except that Customer may advertise Product through those channels to create or enhance consumer awareness of Product performance features and/or indicate the availability of Product at an authorized Store store location so long as the Customer complies with Section 9 below. The Customer will at all times provide clean, modern and adequate retail outlet(s) necessary for the proper merchandising and selling of Product.
B. The following applies if NIKE has indicated in the Account Agreement, or in another writing signed by an authorized representative of NIKE, to Customers that Customer is are approved to sell Product through digital Stores (as defined below)on a website.
Appears in 1 contract
Samples: Account Agreement