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Description of Marketing Program Sample Clauses

Description of Marketing Program. TMF and Company hereby agree to participate in a marketing program pursuant to which TMF will obtain licenses to the software products and advertising materials of multiple licensors, and sublicense such rights to one or more Catalog Distributors who elect to participate in the Program, and Catalog Developers for the development and distribution of Catalogs. Each Catalog Distributor may determine in its sole discretion whether to select any of Company's Products to be featured in any of its Catalogs, and if so, which Product(s) it wishes to include. TMF will provide certain consulting services to Catalog Distributors with regard to the selection and updating of content for Catalogs, including Company Products and titles of other software licensors participating in the Program, and shall be entitled to exercise its independent judgment with regard thereto. TMF has contracted with a Catalog Developer to provide certain services relating to Catalog development, order processing services, and the payment of revenues by the Catalog Developers for Product sales to software licensors participating in the Program, and may contract with other Catalog Developers in the future. The Catalog Developers may subcontract their obligations, so long as they remain fully liable therefor, and are not in breach of this Agreement or their Agreement with TMF. Catalogs will be developed by each Catalog Developer in conjunction with each Catalog Distributor participating in the Program, in accordance with each Catalog Distributor's specifications. End Users will be entitled to purchase Products in the Catalog from the Catalog Developers as set forth in Section 3.

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  • Commercialization Reports Throughout the term of this Agreement and during the Sell-Off Period, and within thirty (30) days of December 31st of each year, Company will deliver to University written reports of Company’s and Sublicensees’ efforts and plans to develop and commercialize the innovations covered by the Licensed Rights and to make and sell Licensed Products. Company will have no obligation to prepare commercialization reports in years where (a) Company delivers to University a written Sales Report with active sales, and (b) Company has fulfilled all Performance Milestones. In relation to each of the Performance Milestones each commercialization report will include sufficient information to demonstrate achievement of those Performance Milestones and will set out timeframes and plans for achieving those Performance Milestones which have not yet been met.