Distributorship. 3.1 DR appoints GR as the exclusive distributor and sales organization, on an independent contractor basis, for the sale of its full product line (including the Product) worldwide except as shall be otherwise agreed and accepted by GR in writing.
3.2 During the continuance of this Agreement and the exclusive distributorship granted to GR hereunder, DR shall not appoint any other or different person, firm, corporation or other entity to sell the same products.
3.3 GR accepts the appointment to develop demand for and sell the Product and will make all sales hereunder in accordance with the terms and conditions of this Agreement.
3.4 As a distributor and sales organization as appointed under the terms of this Agreement GR shall act as an independent contractor and shall purchase the Product for distribution directly from DR and sell such Product as the title owner thereof under product labels as agreed by both GR and DR, including but not limited to the Xxxxxx Gran Reserva label to which GR represents it has exclusive ownership.
3.5 In connection with sales and other distribution of the Product by GR shall obtain all necessary licenses and regulatory approvals and will otherwise comply with all governmental regulations applicable to sale and other distribution of the Product including all related to importing/exporting of the Product and GR shall advance such funds as are necessary therefor.
3.6 GR represents that it has conducted all research and has taken all other actions which it has thought necessary to familiarize itself with regulatory requirements for sale and distribution of the Product in the area and jurisdictions wherein GR contemplates distribution and in entering this Agreement accepts sole responsibility for all regulatory compliance and specifically accepts any and all risk associated with regulatory approvals not being in place at the execution hereof.
Distributorship. 2.01 AXCESS hereby grants to SONITROL the non-exclusive right to sell and distribute the PRODUCT worldwide.
2.02 SONITROL and AXCESS understand and agree that this AGREEMENT does not constitute or authorize either party to act as the agent or legal representative of the other party for any purpose whatsoever. This AGREEMENT is an agreement of distributorship and not of agency. Neither party has granted to the other party any right of authority to assume or to create any obligation or responsibility, express or implied, on behalf of the other party or in the name of the other party, or to bind the other party in any manner whatsoever.
Distributorship. 2-1 SEASA hereby grant to DISTRIBUTORS a non-exclusive right to distribute the PRODUCTS in the TERRITORY during the term of this Agreement and subject to the provisions and conditions hereinafter set forth.
2-2 DISTRIBUTOR shall buy and sell in its own name and for its own account and shall act as independent trader with regard to both SEASA and the customers of DISTRIBUTORS. Nothing in this Agreement shall authorize DISTRIBUTORS to engage in transactions in the name of SEASA or in any manner, which may create any obligations or liabilities on the part of SEASA.
2-3 This Agreement shall not operate or be construed to create any exclusive relationship between the parties. SEASA shall have at any time the right to sell to any other person within the TERRITORY upon such terms and conditions as are acceptable to SEASA in its sole discretion. DISTRIBUTORS shall have no right or interest, including third party beneficiary or “most-favored nation” interest or rights, in any transaction or agreement between SEASA and any person within the TERRITORY.
Distributorship. Distributor shall immediately: (i) pay Primus any sums --------------- that are outstanding under this Agreement, the due dates of which shall be automatically accelerated to the date of termination; (ii) discontinue any representations that it is an authorized distributor of the Software or of Primus; and (iii) except to the extent required by Distributor to provide End User Maintenance to End Users, permanently delete all copies of any of the Software from the hard drives of all computers in Distributor's possession or under its control, destroy all other media in Distributor's possession or under its control on which any of the Software is stored, certify the same in writing to Primus, and return to Primus all copies of the Documentation and Primus' Confidential Information then in Distributor's possession or under its control.
Distributorship. OmniVision appoints Distributor as a non-exclusive distributor for the products designed and manufactured by OmniVision (hereinafter referred to as "Products" or "Product"), as listed on Exhibit A attached hereto. Exhibit A will be updated and distributed to Distributor by OmniVision from time to time. Distributor agrees not to carry any other products, which in OmniVision's sole judgment, are directly competitive to OmniVision's Products. Distributor's appointment covers Distributor's marketing location ("Territory") shown on Exhibit B attached hereto and, if so agreed in writing by both parties, additional marketing locations established by Distributor. Distributor may relocate the business locations at Distributor's discretion as said on Exhibit B. Distributor is appointed to make sales to certain identified potential customers ("the Customers") specified in Exhibit C, as that Exhibit may be modified from time to time. Distributor may make sales to additional potential customers within the Territory provided that such potential customers are not otherwise identified as Customers of another OmniVision Distributor, or as an OmniVision house account. OmniVision reserves the right to appoint additional Product sales distributors in the same geographical area. Distributor shall maintain an adequate and aggressive sales organization at all times during the term of this Agreement in order to assure maximum distribution of Products.
Distributorship. Upon termination of this Agreement or the --------------- Distribution Term, Distributor shall immediately: (a) pay Primus any amounts owing under any open invoices, or any amounts otherwise then owing under this Agreement; (b) return to Primus all copies of Confidential Information of Primus then in the possession, custody or control of Distributor; and (c) in good faith, and as requested by Primus, continue reasonable efforts on behalf of Primus and at Primus' reasonable expense to prosecute and secure those regulatory approvals, or other governmental consents or approvals, the applications or filings for which were first made or undertaken during the Term by Primus, by Distributor (on behalf of Primus and at Primus' request), or by the agent or designee of either.
Distributorship. Producer hereby grants to Distributor the non-exclusive right to promote and advertise to qualified users in the United States selected video programs, hereinafter referred to as the "Product." Distributor agrees to exercise diligent efforts in merchandising the Product in a manner mutually acceptable and profitable to the parties. Distributor agrees to pay an initial fee of $1,000.00 to be applied against opening orders.
Distributorship. 1.1 Subject to the terms and conditions hereof, Delta Controls grants to the Distributor the right to purchase from Delta Controls for resale within the territory described in Schedule A (the “Territory”) the products, (including accessories and/or service parts for such products) manufactured by Delta Controls as set out in the product and price list (collectively, the “Products”).
1.2 Execution of this Agreement is not intended to, and shall not be construed to, create or constitute a franchise, joint venture, partnership, or other joint business relationship between Delta Controls and Distributor or among the other distributors and Distributor expressly acknowledges and agrees that the use of the term "Partner" or “Partnership” is for convenience only and is not an indication of a legal partnership between Delta Controls and Distributor. Additionally, Delta Controls and Distributor expressly acknowledge and agree that the use of the trademarks and logos as specified herein do not form a franchise relationship.
1.3 Upon execution of this Agreement, the Delta Controls Partner will immediately place a minimum initial order for the Products specified in Schedule C, which Products are to be used by the Delta Controls Partner for demonstration purposes. Thereafter, the Delta Controls Partner will provide Delta Controls with forecasts of its requirements for Products on a periodic basis or upon request by Delta Controls and will use all reasonable efforts to place orders for Products on a regular and consistent basis, in order to assist Delta Controls in scheduling its production and providing timely shipments to the Delta Controls Partner
1.4 The Delta Controls Partner’s rights contained herein will be limited as follows:
(a) Delta Controls will have the right to sell directly, or through other distributors, Products to original equipment manufacturers who incorporate or attach Products into or to their own products;
(b) Delta Controls will have the right to sell directly, or through other distributors, Products to National Account Customers (as defined in Schedule A) within the Territory. A current listing of National Account Customers is set out in Schedule E; and
(c) Delta Controls will have the right to sell directly, or through other distributors, products and parts to wholesalers within the territory; and
(d) the Delta Controls Partner shall not purchase Delta Controls Products for resale or installation for any industrial related application not contro...
Distributorship. I understand that I may operate a Hello Love distributorship (the “Distributorship”), as an individual or through a business entity, as explained in the Company Policies, but I may not operate or hold any ownership interest in more than one Distributorship at any time.
Distributorship. I understand that I may conduct my Xendurance business, my “Distributorship,” as an individual Team Member or through a business entity, as explained in the Company Policies, but I may not operate or hold any ownership interest in more than one Distributorship at any time.
