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:

DIRECT MARKETING. Prior to the introduction of any new product or service which Competitive Supplier may wish to make available to Participating Customers Consumers or other Eligible Customers Consumers 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 Consumer that relies upon Competitive Supplier’s '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, " Any lists of Eligible Consumers/Participating Consumer may not be used by Competitive Supplier shall have no liability for the marketing, offering or provision of to market any additional products or services through any of its Associated Entities to Participating or Eligible Consumers if all of or Participating Consumers without the following conditions are satisfied:Municipality’s written permission.

DIRECT MARKETING. Prior to the introduction of any new product or service which Competitive Supplier may wish to make available to Participating Customers Consumers or other Eligible Customers Consumers 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 Consumer that relies upon Competitive Supplier’s '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, " Any lists of Eligible Customers/Participating Consumer may not be used by Competitive Supplier shall have no liability for the marketing, offering or provision of to market any additional products or services through any of its Associated Entities to Eligible Customers or Participating or Eligible Consumers if all of Customers without the following conditions are satisfied:Municipality’s written permission.