Distribution and Sale Clause Samples
The 'Distribution and Sale' clause defines the terms under which products or services covered by the agreement may be distributed and sold. It typically outlines the rights and obligations of the parties regarding marketing, sales channels, territories, and any restrictions on resale or sublicensing. For example, it may specify whether the distributor has exclusive rights in a certain region or if there are minimum sales targets to be met. The core function of this clause is to clearly allocate the rights and responsibilities related to getting the product or service to market, thereby preventing disputes over sales practices and market boundaries.
Distribution and Sale. ARTICLE 12 - END-OF-SEASON GOODS ARTICLE 13 - PROMOTION AND ADVERTISING ARTICLE 14 - MINIMUM PURCHASE REQUIREMENTS ARTICLE 15 - TERMINATION ARTICLE 16 - PROVISIONS AT THE EXPIRY OF THIS AGREEMENT ARTICLE 17 - FORCE MAJEURE ARTICLE 18 - ASSIGNMENT ARTICLE 19 - INSURANCE ARTICLE 20 - CAPACITY OF THE PARTIES ARTICLE 21 - CONFIDENTIALITY ARTICLE 22 - LEGAL AND ETHICAL REQUIREMENT ARTICLE 23 - AMENDMENT AND CANCELLATION OF THE AGREEMENT ARTICLE 24 - MISCELLANEOUS ARTICLE 25 - GOVERNING LAW – JURISDICTION
Distribution and Sale. The Distributor shall carry out the distribution of the Lacoste Watches in the Territory exclusively through :
a) the members of the Lacoste Watches Selective Distribution System, through Approved Watches Retailers selected in the Territory and to which, whenever possible, it shall be contractually linked; and
b) the members of the "Lacoste Boutiques and Lacoste Corners" Selective Distribution System, subject to the terms and conditions set forth in Article 11.2 hereinafter.
Distribution and Sale. Astaria shall be responsible for all costs associated with the promotion, marketing, distribution and sale of the APIC System in the Territory, including, without limitation, taxes, imposts, charges and assessments levied by any Governmental Authority in connection with the purchase and sale of the APIC System in the Territory or any other administrative expenses.
Distribution and Sale. Notwithstanding anything to the contrary contained in this Agreement, Distributor shall distribute and sell the Products solely to Authorized Retailers within the Territory, and Licensor’s Foreign Licensees within the Territory, if any. 2.5 Licensor’s Foreign Licensees in the Territory. Distributor shall sell Licensed Articles to Licensor’s Foreign Licensees at a price to be negotiated by the parties but which shall not exceed the most favorable price offered for Licensed Articles (including any trade discount(s) or other discounts or gross margin percentage equivalent benefit) in the Territory, and shall use reasonable commercial best efforts to communicate with Licensor’s Foreign Licensees with respect to marketing and distribution programs in their respective territories. Distributor agrees that, with respect to sales of Licensed Articles outside the United States, sales priority will be given to those (i) Nine West Retail Stores owned or operated by Licensor’s Foreign Licensees in the Territory and (ii) department store customers of Licensor’s Foreign Licensees set forth in Schedule D, annexed hereto. Distributor further agrees that it will use its best efforts to fully communicate with the Licensor’s Foreign Licensees in connection with Distributor’s activities in the Territory. Authorization for Distributor to make sales to additional accounts in the Territory shall be requested by Distributor in advance and subject to the prior written approval of Licensor.
Distribution and Sale. 23.1 The Company shall actively market, promote and distribute the imported CRM Products of Sorin and locally manufactured CRM Products of the Company. The Company shall set up a competitive marketing, sales and after-sale service system in order to meet the market demand and to promote sales of the Sorin's and the Company's CRM Products
23.2 The Company shall leverage existing commercial and distribution channels of MicroPort's EP and DES product lines if suitable. MicroPort undertakes to make MicroPort's distribution network accessible to the Company at no costs for the Company by introducing existing and future dealers of MicroPort or of its Affiliates and exert its utmost reasonable efforts to cause such dealers to conclude dealership agreements with the Company on most preferential terms and conditions to the Company, assist the Company with opening up and maintaining sales channels, identifying suitable distributors, assist the Company In negotiating and concluding contracts with such distributors and in promoting the CRM Products of Sorin and the Company so as to procure the Company may realize the budgeted sales targets as set forth in the Company business plans.
23.3 The Company shall sign or have signed a separate Sorin Exclusive Distribution Agreement with Sorin Group Italia Sri. for the Company's distribution of the imported Sorin's products in the Territory which shall be renewed periodically.
23.4 The Company shall sign or have signed a separate MicroPort Exclusive Master Distribution Agreement with MicroPort for MicroPort's sales of products imported, assembled or developed by the Company.
Distribution and Sale. CMH shall be responsible for all costs associated with the promotion, marketing, distribution and sale of the APIC System in the Territory, including, without limitation, taxes, imposts, charges and assessments levied by any Governmental Authority in connection with the purchase and sale of the APIC System in the Territory or any other administrative expenses.
Distribution and Sale. A2Mcyte shall be responsible for all costs associated with the promotion, marketing, distribution and sale of the APIC System in the Territory, including, without limitation, taxes, imposts, charges and assessments levied by any Governmental Authority in connection with the purchase and sale of the APIC System in the Territory or any other administrative expenses.
Distribution and Sale. Notwithstanding anything to the contrary contained in this Agreement, Distributor shall distribute and sell the Products solely to Authorized Retailers within the Territory, and Licensor’s Foreign Licensees within the Territory, if any.