DISTRIBUTION AND PROMOTION OF PRODUCTS Sample Clauses

DISTRIBUTION AND PROMOTION OF PRODUCTS a. During the first six (6) months of this Agreement from the Effective Date (“Implementation Period”), and annually thereafter, the parties shall work together and provide the other party with all reasonable assistance and information in order to produce a business plan in respect of the Products including, without limitation, minimum purchase requirements (Schedule A) for the Products in the Area, pricing of Products advertising and marketing expense committed by each party and any other aspect relevant to the distribution, sale and promotion of the Products in the Area (“Business Plan”). For this purpose, the parties shall meet no later than one (1) month prior to the end of the Implementation Period, and thereafter annually for the duration of this Agreement, as amended or extended at a mutually convenient time and location, to review the Business Plan. b. The parties will agree on minimum purchase requirements to apply during the Implementation Period, based on current realistic sales trends as at the Effective Date for the Products (or similar or competing products) in the Area. No later than one (1) month prior to the end of the Implementation Period the parties will meet to discuss the minimum purchase requirements of Distributor for the Products for the following twelve (12) month period following the Implementation Period. Within seven (7) days of such meeting, the parties will negotiate in good faith the level of minimum purchase requirements for the Products for the following twelve (12) months (“Yearly Commitment”) and within seven (7) business days shall agree on the parties’ respective knowledge of the marketplace in general. Subsequent year volume commitments will be agreed upon in writing by both parties, no later than the end of each twelve (12) months of this Agreement. In the event the parties’ fail, for any reason to agree on minimum purchase requirements for the Products for any calendar year, the minimum purchase requirements for such year shall be deemed to be the same as those established or deemed hereby to be established for the preceding calendar year, or the same as the actual sales in such preceding calendar year if greater, increased in each case by 10% over the prior twelve months’ sales. The attainment of such minimum purchase requirements shall be an essential condition to the continuation of this Agreement, and failure shall constitute for CytoCore the right, but without the obligation to CytoCore to terminate this Agreem...
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DISTRIBUTION AND PROMOTION OF PRODUCTS a. During the first six (6) months from the Effective Date (“Implementation Period”), and annually thereafter, the parties shall work together and provide the other party with all reasonable assistance and information in order to produce a business plan in respect of the Products including, without limitation, minimum purchase requirements (Schedule A) for the Products in the Area, advertising and marketing expenses committed by each party and any other aspect relevant to the distribution, sale and promotion of the Products in the Area (“Business Plan”). b. No later than one (1) month prior to the end of the Implementation Period the parties will meet to discuss the minimum purchase requirements of Distributor for the Products for the twelve (12) month period following the Implementation Period. The attainment of such minimum purchase requirements is an essential condition to the continuation of this Agreement, and failure shall give CytoCore the right to terminate this Agreement pursuant to sections 5(a) and 12(b) (6). c. Distributor shall use its best efforts to create and maintain a market for and to increase the sales of Products in the Area, shall provide at its sole expense an organization for the continuous sale, promotion and distribution of the Products throughout the Area, and shall sell, ship, and invoice the Products to qualified purchasers in the Area. In the Area, Distributor shall use its own employed sales force to sell, promote and distribute the Products. CytoCore shall not be obligated to provide any resources to Distributor for the obligations stipulated in this Agreement, except for initial appropriate training of Distributor’s sales force and the provision of appropriate marketing materials. These services and materials will be provided to Distributor without cost. d. Distributor shall maintain a minimum inventory of Products not less than one (1) month as set forth in the Forecast, as amended from time to time. e. Distributor agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the entire duration of the Agreement:
Sample 1

Related to DISTRIBUTION AND PROMOTION OF PRODUCTS

  • Distribution of Profits Any and all net income accruing to the Joint Venture shall be distributed equally to the Parties.

  • Reformulation of Products As of the Effective Date, and continuing thereafter, Products that Xxxxxx Xxxxxx directly manufactures, imports, distributes, sells, or offers for sale in California shall either: (a) be Reformulated Products pursuant to § 2.2, below; or (b) be labeled with a clear and reasonable exposure warning pursuant to §§ 2.3 and 2.4, below. For purposes of this Settlement Agreement, a “Reformulated Product” is a Product that is in compliance with the standard set forth in § 2.2, below. The warning requirement set forth in §§ 2.3 and 2.4 shall not apply to any Reformulated Product.

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

  • Promotional Materials In the event that the Fund or the Adviser makes available any promotional materials related to the Securities or the transactions contemplated hereby intended for use only by registered broker-dealers and registered representatives thereof by means of an Internet web site or similar electronic means, the Adviser will install and maintain, or will cause to be installed and maintained, pre-qualification and password-protection or similar procedures which are reasonably designed to effectively prohibit access to such promotional materials by persons other than registered broker-dealers and registered representatives thereof.

  • Distribution of Agreement The Employer agrees to make available to each employee a copy of this Agreement and to provide a copy of the same Agreement to all new employees entering the employment of the Employer.

  • Manufacture of Products All Products marketed through Grantor's Web ------------------------- Site shall be manufactured, packaged, prepared, and shipped in accordance with the specifications and requirements described on Exhibit A hereto as it may be modified from time to time. Quality control standards relating to the Product's weight, color, consistency, micro-biological content, labeling and packaging are also set forth on Exhibit A. In the event that Exhibit A is incomplete, Products shall be manufactured and shipped in accordance with industry standards.

  • Return of Products No Products or part shall be returned to Seller without an approved Return Goods Authorization (“RMA”) from Seller. Custom and special order Products are non-returnable. Returns are subject to a restocking fee.

  • Promotion of Agreement It is agreed that Vendor will encourage all eligible entities to purchase from the TIPS Program. Encouraging entities to purchase directly from the Vendor and not through TIPS Agreement is a violation of the terms and conditions of this Agreement and will result in removal of the Vendor from the TIPS Program.

  • Advertising and Promotional Materials The Purchaser acknowledges and agrees that the Vendor shall have the right to use drawings, photographs, videos or other depictions of the interior and/or exterior of the Dwelling and/or the Subdivision or any components or features thereof in any promotional or advertising materials without notice to or consent from the Purchaser being required in any manner whatsoever.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

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