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.
Sample 1
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Related to Direct Marketing Industry

  • Joint Marketing The Parties shall engage in joint marketing activities pursuant to Section 7.7 of this Agreement and any other joint marketing agreement that may be entered into from time to time.

  • 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 The Retailer shall, commencing no later than October 1, 1999, and continuing during the Term, and any extensions thereof, at no cost to GSI provide for Complete URL Integration in its advertising and marketing by:

  • Marketing and Promotion The Company agrees to make every reasonable effort to market its Contracts. It will not give disproportionately unequal emphasis and promotion to shares of the Fund as compared to other underlying investments of an Account. In addition, the Company shall not impose any fee, condition, rule or regulation for the use by a Contract owner of the Fund as an investment option that operates to the specific prejudice of the Fund vis-a-vis the other investment options offered by the Company to Contract owners. In marketing and administering its Contracts, the Company will comply with all applicable state and Federal laws.

  • 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 8.1 Fund or its designee shall periodically furnish Insurance Company with sales literature or other promotional materials for each Portfolio, in quantities as Insurance Company may reasonably request, for distribution to prospective purchasers of Contracts. Expenses for the printing and distribution of such documents shall be borne by Insurance Company.

  • Marketing and Sales Subject to the terms and conditions of this Agreement, all business decisions concerning the sales and marketing of Product in the Territory, including the price, other sale and promotional terms thereof, will be within the sole discretion of CryoLife. Upon SMI’s reasonable request, but no more frequently than twice per calendar year, CryoLife will discuss with SMI CryoLife’s marketing plans for Product in the Territory.

  • Clinical Development (a) Stellartech shall design, develop and construct a Clinical Unit for each of the Thermage Disposable Device and the Thermage Generator, and any required component or subassembly thereof and shall deliver such Clinical Units to Thermage in accordance with the Development Program; (b) Stellartech shall deliver to Thermage such other Deliverables as are contemplated by the Development Program in accordance with the Development Program; and (c) as requested by Thermage and automatically at the conclusion of the Development Program, Stellartech, so long as Thermage is not in breach of its material obligation hereunder, shall deliver in writing to Thermage any and all data and information held by or in the control of Stellartech which is necessary or useful to obtain regulatory approval of the Products in the United States or any foreign country.

  • 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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