Exclusive Marketing Rights. Subject to the terms and conditions of this Agreement, Owner hereby grants to DRG the exclusive worldwide rights (a) to air the Infomercial and market and sell the Product in the Territory and (b) to use the Patent and related trademarks to market the Product in the Territory for the Term of this Agreement. DRG’s exclusive marketing rights shall include all possible market areas available today, and those that will be reasonably available in the future throughout the world. These areas include, but are not limited to: print; retail; radio; television; cable; satellite cable and television; catalog; the Internet; and home shopping networks.
Exclusive Marketing Rights. WHJ hereby grants to THANE the exclusive right, worldwide, to broadcast the Infomercial and to market and sell the Product in all possible market areas available today, and those that will be available in the future, including, but not limited to: print; radio; retail; television, cable; satellite cable and television; the Internet; telemarketing; and home shopping networks.
Exclusive Marketing Rights. Subject to IUC's "Reserved Use", IUC hereby grants to THANE the exclusive right to market the Product worldwide for the Term herein. IUC agrees not to manufacture nor market the Product or a same type product, for itself or for third parties, in competition with THANE during the Term of this Agreement. The exclusive worldwide marketing rights shall include all possible market areas available today, including but not limited to: print; retail, radio; television; cable; satellite cable and television; catalog; Internet; direct mail; telemarketing and home shopping channels. IUC hereby reserves for its own use its website ( wxx.Xxxxxx.xxx ), Txxxxx Gifts, and Comtrad Industries ("RESERVED USE").
Exclusive Marketing Rights. It is expressly understood and agreed that this Agreement does not grant MSI an exclusive privilege to provide to SWBT any or all SERVICE of the type described in this Agreement nor require the purchase of any products from MSI by SWBT. It is, therefore, understood that SWBT may contract with other manufacturers and MSIs for the procurement or trial of comparable Services. No course of dealing or failure of either party to strictly enforce any term, right or condition of this Agreement shall be construed as a waiver of such term, right or condition.
Exclusive Marketing Rights. In consideration of entering into this joint covenant Seller (Medis Technologies, Ltd. and its subsidiaries, including but not limited to More Energy Ltd) hereby grants to Purchaser, with respect to Seller’s DLFC technology, the exclusive marketing and sales right for the US Department of Defense and Department of Homeland Security from the date of execution of this Agreement through the period ending 31 December 2006, provided that Purchaser uses commercially reasonable efforts during such time to identify and actively promote opportunities for marketing and selling applications of the DLFC technology in those markets.
Exclusive Marketing Rights. 1.1 FSI hereby agrees that PMSC retains the exclusive right to market and grant licenses of the Software to any third parties within the worldwide property and casualty ("P&C") and Life insurance industries and the non-exclusive right for the health insurance for use in such industries. Additionally, PMSC shall have the non-exclusive right to market and grant licenses of the Software to any third parties worldwide in industries other than insurance, but these marketing rights with respect to non-insurance industries shall continue with respect to a particular territory or a particular industry only for so long as FSI does not grant exclusive rights to such territory or to such industry to its sales personnel or to a third party. FSI agrees to give PMSC at least 90 days' prior written notice of any terminations or restrictions of PMSC's non-exclusive marketing rights. The P&C and Life insurance industries include all such insurance companies, reciprocals and exchanges. Additionally, third parties which provide the benefits of the Software to P&C or Life insurance companies for their production purposes shall be deemed included in the P&C or Life insurance industries, but only to the extent that such third party provides such benefits. As used hereinafter, the term "End User" or "customer" shall mean and refer to insurance and other entities that are users of or likely candidates to use the Software. PMSC shall secure FSI's approval before licensing the Software to an enterprise family of companies that includes a material amount of non-insurance business and FSI shall secure PMSC's approval before licensing the Software to an enterprise family of companies that includes a material amount of insurance business. Neither party shall unreasonably refuse to provide its approval of a request by the other party. FSI acknowledges that PMSC has no minimum marketing obligation hereunder. Additionally, PMSC makes no representations, warranties or guarantees respecting the financial or other success of any marketing efforts which it engages in with respect to the Software.
Exclusive Marketing Rights. If exclusive marketing rights under the commercialization agreement are desired by Vilmorin, then Vilmorin will provide to Agritope a marketing plan, describing Vilmorin's current market share of the Crop and projected market share for the Modified Crop, both on a geographical basis. Based on this information, Vilmorin and Agritope will negotiate in good faith to determine geographical regions (e.g., worldwide, Europe, North America, or France) in which Vilmorin shall have exclusive or nonexclusive marketing rights. Agritope shall give Vilmorin exclusivity in geographical regions where Vilmorin demonstrates a strong likelihood of obtaining a substantial market share. Any exclusive marketing rights granted by Agritope to Vilmorin pursuant to this Section 8.3.3 for a particular geographical region shall become nonexclusive in the event that Vilmorin does not achieve and maintain a substantial market share in such geographical region. The definition of "substantial market share" shall be negotiated in good faith by the parties on a case-by-case basis for each Modified Crop and shall be included in the relevant commercialization agreement. For any period during which the commercialization agreement gives Vilmorin exclusive marketing rights for a Modified Crop in a region, Agritope will not enter into an agreement with a third party permitting the marketing of a Competing Modified Crop in that region.
Exclusive Marketing Rights. The Teliran Group grants to Cynet Holdings for three (3) years exclusive sales and marketing rights in all territories (including without limitation North America, South America, Asia, and Africa also includes specialty markets) for the Teliran Group's Complete PCcard (hereinafter referred to as the "Cell Phone/Modem") subject to Cynet Inc.'s performance in the sales of the product. The parties agree that the year 2000 minimum sales performance is 23,700 units. The Cynet Group has issued to the Teliran Group a written purchase order for 23,700 Cell Phone Modem units at the purchase price of $350 per unit for various delivery dates on or before December 31, 2000. The deliveries by quarter shall be as follows: 1st Quarter - 3,000 units, 2nd Quarter 5,000 units, 3rd Quarter - 7,800 units and 4th Quarter - 7,900 units. The years 2001 and 2002 minimum performance commitments shall be jointly developed by the Teliran Group and The Cynet Group; but, in no event shall the sales performance be less than the year 2000 performance. The Cynet Group agrees to provide the Teliran Group, as requested, sales and marketing information concerning actual and prospective sales by targeted markets, which markets are to be mutually determined and agreed upon at a later date. In the event the Cynet Group fails to meet sales objectives in any given market and after the Teliran Group has given the Cynet Group written notice of its concerns and has allowed adequate time for the Cynet Group to cure the deficiencies and the Cynet Group has failed to cure the noticed deficiencies, then the Teliran Group may take back the sales and marketing rights for the specified market without affecting the Cynet Group's exclusive sales and marketing rights in all of the remaining markets. Nonetheless, the Cynet Group shall have the option to have its obligation to purchase units reduced pursuant to the Teliran Group revoking exclusive sales and marketing rights in proportion to the projected number of units to be sold in that market revoked. Init.:______ Init.:______ Init.:______ In the event the Cynet Group fails to meet sales objectives in all given markets and the Teliran Group elects to revoke all sales and marketing rights pursuant to the procedure set forth above, this agreement is terminated.
Exclusive Marketing Rights. During the Option Period, and any extension thereof, MSSD shall have the exclusive right to market the FrogPad products and technologies. FrogPad shall have 5 business days from the date of this LOI to disclose to MSSD any and all existing contract or relationships that predate this LOI.
Exclusive Marketing Rights. In consideration of the issuance to EYII of 5,000,000 restricted shares of the common stock of Virtual Sourcing, Inc., to be delivered when available (the “Shares”), it shall grant ARC the exclusive right, subject to the terms and conditions of this Agreement, to market and sell at the wholesale level the Separator or other products that EYII may develop and market.
