Common use of DIRECT MARKETING Clause in Contracts

DIRECT MARKETING. Prior to the introduction of any new product or service which Competitive Supplier may wish to make available to Participating Customers or other Eligible Customers located within the Municipality, Competitive Supplier agrees to (i) give the Municipality and Program Manager 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 Municipality and Program Manager the possible inclusion of such new product or service in this or another aggregation program undertaken by the Municipality. Competitive Supplier also agrees not to engage, whether directly or through any of its Associated Entities, in any direct marketing to any Participating Customer that relies upon Competitive Supplier’s unique knowledge of, or access to, Participating Customers 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 Participating Customer with the intent to sell a new product or service. Programs of the Competitive Supplier that do not rely on unique knowledge or access gained through this ESA will not constitute such “direct marketing.” Notwithstanding the foregoing, Competitive Supplier shall have no liability for the marketing, offering or provision of products or services through any of its Associated Entities to Participating or Eligible Consumers if all of the following conditions are satisfied: 1) Such activity does not suggest, hint or otherwise imply that any marketed product(s) or service(s) is/are associated with Competitive Supplier or the CCA Program; 2) Such activity does not use the trade name or trade or service marks of the Competitive Supplier; 3) Such activity does not utilize any data obtained by Competitive Supplier obtained in connection with this ESA; and 4) Competitive Supplier is not aware of any such activity.

DIRECT MARKETING. Prior to the introduction of any new product or service which Competitive Supplier may wish to make available to Participating Customers or other Eligible Customers located within Consumers as part of the MunicipalityProgram, Competitive Supplier agrees to to (i) give the Municipality and Program Manager 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 Municipality and Program Manager Town the possible inclusion of such new product or service in this or another aggregation program undertaken by the MunicipalityTown. 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. Any new product or service that the Competitive Supplier and/or the Town wish to make available to Participating Consumers is subject to Department approval. Competitive Supplier also agrees not to engage, whether directly or through any of its Associated Entities, engage in any direct marketing to any Participating Customer Consumer that relies upon Competitive Supplier’s unique knowledge of, or access to, Participating Customers 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 Participating Customer with the intent to sell a new product or serviceConsumer. Programs 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.” Notwithstanding the foregoing, The Competitive Supplier shall have no liability for may only communicate with Participating Consumers and/or use the marketinglists of Eligible Consumers and Participating Consumers to send Department-approved educational materials, offering opt-out notices or provision other communications essential to the operation of the Program consistent with the terms of this ESA. Such lists may not be used by the Competitive Supplier to market any additional products or services through any of its Associated Entities to Participating or Eligible Consumers if all of the following conditions are satisfied: 1) Such activity does not suggest, hint or otherwise imply that any marketed product(s) or service(s) is/are associated with Competitive Supplier or the CCA Program; 2) Such activity does not use the trade name or trade or service marks of the Competitive Supplier; 3) Such activity does not utilize any data obtained by Competitive Supplier obtained in connection with this ESA; and 4) Competitive Supplier is not aware of any such activityParticipating Consumers.

DIRECT MARKETING. Prior to the introduction of any new product or service which Competitive Supplier may wish to make available to Participating Customers or other Eligible Customers located within the Municipality, Competitive Supplier agrees to (i) give the Municipality and Program Manager 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 Municipality and Program Manager the possible inclusion of such new product or service in this or another aggregation program undertaken by the Municipality. Competitive Supplier also agrees not to engage, whether directly or through any of its Associated Entities, in any direct marketing to any Participating Customer that relies upon Competitive Supplier’s unique knowledge of, or access to, Participating Customers 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 Participating Customer with the intent to sell a new product or service. Programs of the Competitive Supplier that do not rely on unique knowledge or access gained through this ESA will not constitute such “direct marketing.” Notwithstanding the foregoing, Competitive Supplier shall have no liability for the marketing, offering or provision of products or services through any of its Associated Entities to Participating or Eligible Consumers if all of the following conditions are satisfied: 1) Such activity does not suggest, hint or otherwise imply that any marketed product(s) or service(s) is/are associated with Competitive Supplier or the CCA Program; 2) Such activity does not use the trade name or trade or service marks of the Competitive Supplier; 3) Such activity does not utilize any data obtained by Competitive Supplier obtained in connection with this ESA; and 4) Competitive Supplier is not aware of any such activity.