Distributor Duties Sample Clauses

Distributor Duties. The Distributor agrees to honor all replacement requests from Dealers or End-Users pursuant to the terms of the End-User Agreement pertaining to the defective units. The Distributor will instruct all the Dealers to submit all replacement requests to the Distributor.
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Distributor Duties. BAXTER shall: a. submit its orders for the PRODUCTS on its standard purchase order form. To the extent that the terms and conditions of XXXXXX'x standard purchase order form are inconsistent with the terms and conditions of this Agreement, the terms and conditions of this Agreement shall govern; b. pay for all such orders within thirty (30) days of the invoice date for such order; c. advertise and promote the PRODUCTS by methods which in XXXXXX'x judgment are best suited for the sale of such PRODUCTS;
Sample 1
Distributor Duties. Distributor agrees to accept the following duties and responsibilities: A. Distributor and Downline will procure applications for Products, but only in states where Distributor and Downline are licensed and appointed by Company and after Distributor receives written notice that the Product is approved in the state in which the solicitation is to be made. B. Distributor may recruit persons to be Downline. Company will appoint Downline, unless there is something that would disqualify them. Company reserves the right to terminate Downline. Distributor shall monitor Downline and communicate information to Company, of which Distributor is aware or should be aware, that Company needs to know about Downline to properly address compliance or other risks. When requested by Company, Distributor shall communicate Company information to Downline. If at any time Distributor consents or has consented to have Downline report to Distributor through a hierarchical relationship with any Company, Distributor hereby consents to: (i) the appointment of Downline with each Company; and (ii) to have Downline report to Distributor through a hierarchical relationship with each Company. Distributor may withhold this consent by providing written notice to Company. C. Distributor will not permit any person to solicit for Company until they have been licensed by the state in which they will solicit, evidence of that license is given to Company, and they are appointed by Company. D. Distributor will be responsible for obtaining and maintaining the necessary licenses to sell Company Products in the states in which Distributor operates, whether resident or nonresident. E. Distributor will treat any premium amounts collected with the application by Distributor or Downline with the application as trust funds for Company. Distributor will remit these funds and applications to Company in accordance with Company instructions. F. Distributor will comply with all state and federal laws, orders, rules and regulations. G. Distributor shall act according to Company’s policies and procedures. H. Distributor shall immediately notify Company in writing if any license, permit or registration of Distributor or Downline is suspended or terminated or if Distributor or Downline is the subject of any misdemeanor or felony charges or any actions initiated by any federal, state or local regulatory or governmental body or court, including but not limited to convictions by any governmental authority for commiss...
Sample 1
Distributor Duties. Distributor hereby agrees that, in the performance of this Agreement, it will: a. use reasonable efforts to market, promote, and sell the Products it distributes in the Territory or Territories; b. reasonably cooperate with Supplier in originating and implementing sales and marketing programs, policies, and practices designed to support the sale and marketing of the Products; c. use commercially reasonable efforts to deliver the Products to retailers on a consistent and regular basis and in a timely manner; d. use commercially reasonable efforts to maintain inventory of the Products sufficient to meet projected retailer demand for the Products based on a reasonable demand forecasting methodology, as determined by Distributor from time to time; e. handle the Products using standard industry practices; f. not alter, obscure, or remove any markings or other indication of source or origin which Supplier places on the Products; g. from time to time in Distributor’s sole discretion and on reasonable notice, allow Supplier’s designated representatives to work alongside of Distributor’s salespersons, promoters, merchandisers, and representatives and coordinate customer and sales information and strategies; notwithstanding the forgoing, however, Distributor, on a state-by-state basis can establish blackout dates where Supplier’s representatives will not be able to work with Distributor’s salesmen, promoters, merchandisers, and representatives around state or national holidays or around key events; and h. obtain and maintain in good standing all material state and federal (U.S.) licenses and permits required by applicable laws for the distribution of the Products.
Sample 1
Distributor Duties. During the Term, Distributor shall, at its own cost and expense, within the Territory: (a) use commercially reasonable efforts to identify, locate and obtain potential users of the Device Services (the “Subscribers”); (b) deliver units of the Device to the Subscribers, train them in its use, and otherwise assist the Subscribers by providing information upon request; (c) provide additional guidance and advice to the Company with regard to the Company’s strategy to exploit its products and services, and such other support for the Company’s products and services as they may agree; and (d) have on hand a sufficient number of Devices, trained professional staff, and facilities and resources, necessary to perform the Distributor’s Services in accordance with the terms hereof.
Sample 1
Distributor Duties. [Distributor] agrees to honor all replacement requests received from the Dealers or End-Users pursuant to the terms of the End-User Agreement pertaining to the defective units. [Distributor] shall instruct all the Dealers to submit all replacement requests to [Distributor]. You may or may not want to include the following section that provides additional protection for the period of time within the number of months entered in the first bracket. The percentage of products have the same problem, so you would enter the percent in the second set of brackets. For the third insert, indicate how soon after the discovery of the problem [Distributor] is required to give notice to [Company], and for the final insert indicate how long [Distributor] must keep the product before disposing of it.
Sample 1
Distributor Duties. (a) The Company agrees to enter into this Agreement with Bosh for the sole purpose of selling the Company's pallets. Bosh shall work with the marketing personnel of the Company or as directed by the Company's Board. (b) Bosh shall (i) diligently follow and implement all policies and decisions communicated by the Board and/or marketing personnel, (ii) timely prepare and forward to the Board and/or marketing personnel all reports and accountings as may be requested. (c) The Company shall provide Bosh with such technical support and inventory as appropriate in order for Bosh to perform under this Agreement.
Sample 1
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Distributor Duties. In addition to its other obligations under this Agreement, Distributor shall do the following: (a) use its best endeavors to maximize sales of the Products; (b) promote the Nyxio brand name;
Sample 1

Related to Distributor Duties

  • Products and Services General Information

  • The Services The HSP agrees to provide the Services on the terms and conditions of this PFA including all of its Appendices and schedules.

  • Third Party Products and Services Any third-party hardware, software and/or services that is delivered by ResMed for use either standalone or in conjunction with ResMed products and/or services, shall be subject to the third-party terms and conditions and/or license agreements between Customer and the third party. Such third-party hardware, software and/or services is provided by ResMed "AS IS," without any warranty of any kind. Any representations or warranties as to such hardware, software and/or services shall only be as granted by the applicable third parties, if any, that accompany such products and/or software and/or services. Any representations, warranties, or other similar obligations with respect to such third-party hardware, software and/or services flow directly from the third party to Customer and ResMed shall have no responsibility at all for any such representations, warranties, obligations or lack thereof.

  • Other Products and Services As our customer, you have access to a suite of financial products and services availed by ourselves, our affiliates and strategic partners designed to help you address and achieve your financial needs and goals. You agree that you can obtain information about such Products and Services via our website xxx.xxxxxxxx.xxx.xx and you further agree that we can from time to time communicate information in relation to such Products or Services to you specifically or generally to all cardmembers via such communication mode as we consider appropriate.

  • PRODUCT MANUFACTURER'S SUPPLIERS Only those dealers/distributors listed by the manufacturer will be considered authorized to act on behalf of the Product Manufacturer.

  • Transitional Services Upon cancellation, termination, or expiration of the Contract for any reason, the Contractor shall provide reasonable cooperation, assistance and Services, and shall assist the Department to facilitate the orderly transition of the work under the Contract to the Department and/or to an alternative contractor selected for the transition upon written notice to the Contractor at least thirty (30) business days prior to termination or cancellation, and subject to the terms and conditions set forth in the Contract.

  • Autism Services This plan covers the following services for the treatment of autism spectrum disorders. • Applied behavior analysis when provided and/or supervised by an individual licensed by the state in which the service is rendered. See the Summary of Medical Benefits for the amount that you pay. • Physical therapy, occupational therapy, and speech therapy services when rendered as part of the treatment of autism spectrum disorder. A benefit limit will not apply to these services. • Psychological and psychiatric services, and prescription drugs are also covered. See Behavioral Health Services and Prescription Drugs and Diabetic Equipment or Supplies for additional information. Coverage for autism spectrum disorders does not affect any obligation of a school district, a state or other governmental entity to provide services to an individual under an individualized family service plan, an individualized education program, or similar services required under state or federal law. Services related to autism that are furnished by school personnel are not covered under this plan.

  • Additional Products and Services Subject to the allocation of funds, the CPO may add similar equipment, supplies, services, or locations, within the scope of this Agreement, to the list of equipment, supplies, services, or locations to be performed or provided by giving written notification to Contractor. For purposes of this Section, the “Effective Date” means the date specified in the notification from the CPO. As of the Effective Date, each item added is subject to this Agreement, as if it had originally been a part, but the charge for each item starts to accrue only on the Effective Date. In the event the additional equipment, supplies, services, or locations are not identical to the items(s) already under this Agreement, the charges therefor will then be Contractor’s normal and customary charges or rates for the equipment, supplies, services, or locations classified in the Fees and Costs (Exhibit “F”).

  • Services to Others Clients Nothing contained in this Agreement shall limit or restrict (i) the freedom of the Sub-adviser, or any affiliated person thereof, to render investment management and corporate administrative services to other investment companies, to act as investment manager or investment counselor to other persons, firms, or corporations, or to engage in any other business activities, or (ii) the right of any director, officer, or employee of the Sub-adviser, who may also be a director, officer, or employee of the Fund, to engage in any other business or to devote his or her time and attention in part to the management or other aspects of any other business, whether of a similar nature or a dissimilar nature.

  • Services and Duties of the Distributor A. The Distributor agrees to sell Shares on a best efforts basis as agent for the Trust upon the terms and at the current offering price (plus sales charge, if any) described in the Prospectus. As used in this Agreement, the term “Prospectus” shall mean the current prospectus, including the statement of additional information, as both may be amended or supplemented, relating to the Fund and included in the currently effective registration statement (the “Registration Statement”) of the Trust filed under the Securities Act of 1933, as amended (the “1933 Act”) and the 1940 Act. The Trust shall in all cases receive the net asset value per Share on all sales. If a sales charge is in effect, the Distributor shall remit the sales charge (or portion thereof) to broker-dealers who have sold Shares, as described in Section 2(G), below. In no event shall the Distributor be entitled to all or any portion of such sales charge. B. During the continuous public offering of Shares, the Distributor will hold itself available to receive orders, satisfactory to the Distributor, for the purchase of Shares and will accept such orders on behalf of the Trust. Such purchase orders shall be deemed effective at the time and in the manner set forth in the Prospectus. C. The Distributor, with the operational assistance of the Trust’s transfer agent, shall make Shares available for sale and redemption through the National Securities Clearing Corporation’s Fund/SERV System. D. The Distributor acknowledges and agrees that it is not authorized to provide any information or make any representations other than as contained in the Prospectus and any sales literature specifically approved by the Trust. E. The Distributor agrees to cooperate with the Trust or its agent in the development of all proposed advertisements and sales literature relating to the Fund. The Distributor agrees to review all proposed advertisements and sales literature for compliance with applicable laws and regulations, and shall file with appropriate regulators those advertisements and sales literature it believes are in compliance with such laws and regulations. The Distributor agrees to furnish to the Trust any comments provided by regulators with respect to such materials and to use its best efforts to obtain the approval of the regulators to such materials. F. The Distributor, at its sole discretion, may repurchase Shares offered for sale by shareholders of the Fund. Repurchase of Shares by the Distributor shall be at the price determined in accordance with, and in the manner set forth in, the Prospectus. At the end of each business day, the Distributor shall notify the Trust and its transfer agent, by any appropriate means, of the orders for repurchase of Shares received by the Distributor since the last report, the amount to be paid for such Shares and the identity of the shareholders offering Shares for repurchase. The Trust reserves the right to suspend such repurchase right upon written notice to the Distributor. The Distributor further agrees to act as agent for the Trust to receive and transmit promptly to the Trust’s transfer agent, shareholder requests for redemption of Shares. G. The Distributor may, in its discretion, enter into agreements with such qualified broker-dealers as it may select, in order that such broker-dealers also may sell Shares of the Fund. The form of any dealer agreement shall be approved by the Trust. To the extent there is a sales charge in effect, the Distributor shall pay the applicable sales charge (or portion thereof), or allow a discount, to the selling broker-dealer, as described in the Prospectus. H. The Distributor shall devote its best efforts to effect sales of Shares of the Fund but shall not be obligated to sell any certain number of Shares. I. The Distributor shall prepare reports for the Board regarding its activities under this Agreement as from time to time shall be reasonably requested by the Board, including reports regarding the use of any 12b-1 payments received by the Distributor. J. The Distributor agrees to advise the Trust promptly in writing of the initiation of any proceedings against it by the SEC or its staff, the NASD or any state regulatory authority. K. The Distributor shall monitor amounts paid under Rule 12b-1 plans and pursuant to sales loads to ensure compliance with applicable NASD rules.

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