Direct Marketing Industry Sample Clauses

Direct Marketing Industry. 1. Due to RiskWise's obligations arising out of a separate agreement and subsequent litigation with an undisclosed third party (herein "Supplier"), the details of which US Search has not been advised of, US Search and its customers are prohibited from marketing, selling, distributing or licensing any RiskWise Information Services in the Direct Marketing Industry as either noted in Exhibit B or as a result of a Direct Marketing Determination as herein defined.. For purposes of this Agreement, the Direct Marketing Industry means companies that sell a substantial portion of their products or services through catalogs, mail order, print advertisements, circulars, telemarketing and/or television (including by means of infomercials and special programming) permitting direct response from customers via mail, telephone or otherwise. For purposes of this Agreement, the parties agree that each of the companies listed on Exhibit B are companies in the Direct Marketing Industry. The determination of whether any other company is in the Direct Marketing Industry ("Direct Marketing Determination") shall be made if: (a) RiskWise in consultation with Supplier determines if the company meets the Direct Marketing Definition; (b) if the company does fall within the Direct Marketing definition then RiskWise shall request a waiver on US Search's behalf that would allow US Search to continue its marketing and/or sales efforts with the company in question ("Waiver"); (c) RiskWise shall use reasonable efforts to secure the Waiver from Supplier; and (d) If after Supplier considers the request for a Waiver and, still determines that the company is a Direct Marketer then the decision shall be final and binding on US Search and its customers for purposes of this Agreement. RiskWise shall use reasonable efforts to obtain the Direct Marketing Determination within ten (10) business days. 2. RiskWise will, within three (3) business days of learning that US Search is marketing to a Direct Marketing company not named in Exhibit B, notify US Search that said company is considered a company within the Direct Marketing Industry after promptly getting a Direct Marketing Determination. US Search will cease further marketing efforts with that prospective customer. 3. US Search acknowledges and agrees that upon thirty (30) days' written notice to US Search, RiskWise is entitled to discontinue the provision of Licensed Services to any customer of US Search that subsequent to the implementation of t...
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Related to Direct Marketing Industry

  • DIRECT MARKETING Prior to the introduction of any new product or service which Competitive Supplier may wish to make available to Participating Consumers or other Eligible Consumers located within the Town, Competitive Supplier agrees to (i) give the Town written notice of such new product or service and (ii) subject to the entry into reasonable confidentiality terms to the extent permitted by law and mutually acceptable to the Parties, discuss with the Town the possible inclusion of such new product or service in this aggregation program. The Parties agree to negotiate in good faith the terms, conditions, and prices for such products and services which the Parties agree should be included in a Town aggregation program. Competitive Supplier also agrees not to engage in any direct marketing to any Participating Consumer that relies upon Competitive Supplier’s unique knowledge of, or access to, Participating Consumers gained as a result of this ESA. For the purposes of this provision, “direct marketing” shall include any telephone call, mailing, electronic mail, or other contact between the Competitive Supplier and the Consumer. Broad-based programs of the Competitive Supplier that do not rely on unique knowledge or access gained through this ESA will not constitute such “direct marketing.”

  • Joint Marketing ‌ The parties will consult about undertaking joint marketing of the Customer’s Services and the Network.

  • Marketing Services The Manager shall provide advice and assistance in the marketing of the Vessels, including the identification of potential customers, identification of Vessels available for charter opportunities and preparation of bids.

  • Promotion and Marketing For the purpose of promotion and marketing, the Borrower hereby authorizes and consents to the reproduction, disclosure and use by the Lenders and the Agent of its name, identifying logo and the Facilities. The Borrower acknowledges and agrees that the Lenders shall be entitled to determine, in their sole discretion, whether to use such information; that no compensation will be payable by the Lenders or the Agent in connection therewith; and that the Lenders and the Agent shall have no liability whatsoever to it or any of its employees, officers, directors, affiliates or shareholders in obtaining and using such information as contemplated herein.

  • Advertising and Marketing Except in so far as herein expressly provided, the Service Provider shall not make or issue any formal or informal announcement (with the exception of Stock Exchange announcements), advertisement or statement to the media in connection with this Agreement or otherwise disclose the existence of this Agreement or the subject matter thereof to any other person without the prior written consent of SARS.

  • Marketing and Promotion The School will be responsible for marketing and promoting the Sports Facilities in accordance with the agreed aims and targets. A marketing strategy will be prepared and implemented and reviewed on an annual basis.

  • Sales and Marketing Subdistributor shall market, promote, and solicit orders for the Products to prospective and existing Customers (excluding the Excluded Customers) consistent with good business practice and the highest professional standards in the industry, in each case using its best efforts to maximize Product sales volume in the Territory in accordance with Distributor’s Product marketing strategies, channel and pricing guidelines, and sales policies, and in a manner that reflects favorably at all times on the Products and the good name, goodwill, and reputation of Distributor;

  • Marketing Vendor agrees to allow TIPS to use their name and logo within the TIPS website, database, marketing materials, and advertisements unless Vendor negotiates this term to include a specific acceptable-use directive. Any use of TIPS’ name and logo or any form of publicity, inclusive of press release, regarding this Agreement by Vendor must have prior approval from TIPS which will not be unreasonably withheld. Request may be made by email to xxxx@xxxx-xxx.xxx. For marketing efforts directed to TIPS Members, Vendor must request and execute a separate Joint Marketing Disclaimer, at xxxxxxxxx@xxxx-xxx.xxx, before TIPS can release contact information for TIPS Member entities for the purpose of marketing your TIPS contract(s). Vendor must adhere to strict Marketing Requirements once a disclaimer is executed. The Joint Marketing Disclaimer is a supplemental agreement specific to joint marketing efforts and has no effect on the terms of the TIPS Vendor Agreement. Vendor agrees that any images, photos, writing, audio, clip art, music, or any other intellectual property (“Property”) or Vendor Data utilized, provided, or approved by Vendor during the course of the joint marketing efforts are either the exclusive property of Vendor, or Vendor has all necessary rights, license, and permissions to utilize said Property in the joint marketing efforts. Vendor agrees that they shall indemnify and hold harmless TIPS and its employees, officers, agents, representatives, contractors, assignees, designees, and TIPS Members from any and all claims, damages, and judgments involving infringement of patent, copyright, trade secrets, trade or services marks, and any other intellectual or intangible property rights and/or claims arising from the Vendor’s (including Vendor’s officers’, employees’, agents’, Authorized Resellers’, subcontractors’, licensees’, or invitees’) unauthorized use or distribution of Vendor Data and Property.

  • Marketing and Sales Provide a detailed plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams, to include, but not limited to:

  • Manufacturing and Marketing Rights The Company has not granted rights to manufacture, produce, assemble, license, market, or sell its products to any other person and is not bound by any agreement that affects the Company's exclusive right to develop, manufacture, assemble, distribute, market, or sell its products.

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