Marketing Advertising and Promotion. (a) Company shall provide for each of the Gap Brand and Banana Republic Brand one (1) media-ready advertisement (including usage rights) annually to support Advertising, as hereinafter defined, and in-store marketing by Approved Retailers in any and all Approved Countries. Vendor or its Approved Distributors shall at their sole expense produce marketing, advertising and promotion for the Licensed Products in Approved Retailers based upon the media-ready advertisement provided by Company (collectively “Advertising”). All Advertising shall be subject to Approval of Company.
(b) Subject to the provisions of Section 3.6(c) of this License Agreement, Vendor together with its Approved Distributors shall in the aggregate spend on Advertising of Licensed Products during each Annual Period fifteen [--------------]2 of the greater of (i) Minimum Net Sales and (ii) Net Sales of Licensed Products during such Annual Period.
(c) Company shall have the right to Approve the form and content of all aspects of Advertising. Company shall have [------------]3 from the date of Company’s receipt of the submission by Vendor of a matter for Approval required in this Section 3.6 to either Approve or reject such matter, and Company agrees to use its best efforts to Approve or reject the matter within that time. Company acknowledges that in connection with the marketing of the Licensed Products, time deadlines are extremely important at each stage of a marketing program. If Company fails to respond within the aforementioned Approval period, then such submission for approval will be deemed not to be Approved, and Vendor shall resubmit such submission to Company. Once the form and content of Advertising and the media vehicle for such Advertising has been Approved, the actual placement of such Approved Advertising within the media vehicle shall not require Approval.
Marketing Advertising and Promotion. 5.1 GFM shall use the Co-Brands in a clearly visible way in connection with the Business in compliance with the JD Branding Guideline.
5.2 GFM shall use its commercially reasonable endeavors to promote, at its own expense, the Co-Brand in the Territory on a reasonable scale and shall provide such advertising and publicity as may reasonably be expected to bring the Co-Brand to the attention of a reasonable share of customers and potential customers in the Territory.
5.3 GFM undertakes to ensure that its advertising, marketing and promotion of the products and services provided within the scope of the Business and its use the Co-Brand shall be in strict compliance with the JD Branding Guidelines.
5.4 During the Term, GFM shall, upon its own initiative or upon JD’s reasonable written request but no more than three times per Quarterly Period, send to JD the text and layout of all proposed advertisements and marketing and promotional material for the products and services using or displaying the Co-Brand for JD to review and approve whether such use or display of the Co-Brand is in compliance with the JD Branding Guidelines. GFM shall not use any advertisements and marketing and promotional material carrying the Co-Brand without such prior written approval by JD. GFM shall not use an influencer or celebrity to endorse or promote the Co-Brand or the Business unless and until it obtains approval in writing from JD.
5.5 GFM shall bear the costs of all advertising, marketing and promotion for the products and services provided within the scope of the Business.
Marketing Advertising and Promotion. 6.1 For use on brochures, advertising, packaging and other promotional material for the sale of the Bundles created under this Agreement, Kodak may itself, and may authorize Kodak authorized resellers to, without Vendor's prior approval:
(i) reproduce without alteration the artwork or Demo Product or Commercial Product packaging; or
(ii) make factual statements describing a Demo Product or Commercial Product without using any stylized form of such product names or other stylized logo or symbol appearing on such products.
6.2 Except as provided in Section 2 concerning replication of Demo Products, and in the preceding paragraph, no license or rights under any trademark, trade name, or trade dress of Vendor is granted under this Agreement, nor may any reference to any trademark, trade name or trade dress of Vendor appear on the Bundle, or on packaging, or related advertising or promotional materials for the Bundle without Vendor's express prior written consent.
6.3 Kodak acknowledges Vendor's ownership of the Vendor trademarks and trade dress that appear on the Demo Product and the Commercial Product, and that every use of these trademark and trade dress inures solely to the benefit of Vendor.
6.4 Kodak or Vendor may issue press releases relating to the Bundle. The content of such releases will be mutually agreed upon between the parties hereto.
Marketing Advertising and Promotion. (a) Licensee shall create and produce all marketing, advertising and promotion for the Prestige Products (collectively "Advertising"). Advertising shall consist of media expense (E.G., magazines, newspapers, radio, ETC.); point-of-sale materials (E.G., shop windows, displays, stands, blotter cards, banners, gifts with purchase programs, samples, miniatures, testers, ETC.); and public relations and promotional expenses such as co-operative advertising and trade advertising. All of the foregoing shall be subject to the approval of Licensor.
(b) Licensee, jointly with its Distributors, shall spend on Advertising of Prestige Products during each Annual Period, not less than ________* percent of Net Sales of Prestige Products during such Annual Period. Licensee shall have no obligation to spend any sums on Advertising for Mass Market Products.
(c) Each of Licensee and Licensor covenants and agrees with the other that, in order to assist with marketing and promotion of the Products, each shall make available to the other any and all artwork, prints, forms and the like relating to the Licensed Xxxx that it has in its possession or to which it has access.
Marketing Advertising and Promotion. All advertising and promotional campaigns (including, but not limited to, customer seminars, trade shows, direct customer mailings, etc.) conducted by Distributor in the Territories relating to the Products shall be for the account of Distributor and any advertising allowance given off invoice by IDT shall be used only for advertising the Products. Distributor will prepare, distribute and use all proposed advertising, sales promotion and display materials relating to the Products that utilize the Intellectual Property (as defined in Section 12), in each case in accordance with practices existing on the date hereof to maintain the goodwill of the Products and the validity and goodwill of the Intellectual Property, and otherwise in accordance with such other practices as IDT may reasonably request. Except as otherwise agreed to in writing by IDT, IDT shall not be held liable for any expenses, disbursement, price concession, advertising allowance or any other concessions. IDT shall be entitled to direct Distributor to discontinue preparing, distributing and/or using any material which it reasonably determines either (a) contains improper or insupportable claims, (b) is incompatible with IDT’s marketing strategy or (c) conflicts with any Applicable Law or agreement to which IDT or any of its affiliates is subject, and upon notification to Distributor of any such direction, Distributor shall forthwith or (other than with respect to clause (c)) otherwise as promptly as practicable under the circumstances discontinue the practice complained of. Distributor shall take such other measures as IDT may reasonably request from time to time to protect the quality of the Products, the validity of the Intellectual Property and the goodwill related to each. In this regard, IDT agrees to furnish Distributor, to the extent commercially reasonable, with marketing and sales support, as follows:
(a) Trade advertising;
(b) Production of sample materials;
(c) Production of literature and promotional materials;
(d) Sales leads when generated; and
(e) Training.
Marketing Advertising and Promotion. 6.1 The Company undertakes to ensure that its advertising, marketing and promotion of its products and services shall in no way reduce or diminish the reputation, image and prestige of the Licensed Property.
6.2 If requested by Kite in writing, the Company shall send to Kite for its prior written approval, the text and layout of all proposed advertisements and marketing and promotional material bearing Licensed Property. If Kite disapproves of such material, it shall give written notice of such disapproval to the Company within […***…] of receipt by Kite of the material. The Company shall not use any material in the advertising, marketing or promotion bearing the License Property that has not been approved by Kite.
Marketing Advertising and Promotion. Each year, SMG shall submit to NFSI a proposed advertising and promotional plan (the "Plan") for the next calendar year's sales of Nathan's Products. With respect to the Plan:
a. The Plan shall outline the markets in which SMG proposes to sell Nathan's Products in that year as well as the projected date of entry into new markets, planned advertising and other promotional activity, and projected volume for each market. The parties hereto recognize and acknowledge that successful entry into new markets will be subject to a variety of factors, some of which will be out of SMG's control. There can be no assurance of successful or sustained entry into a new market.
b. The Plan shall be subject to the parties respective rights and obligations pursuant to Section 2.4(g) of the License Agreement, to the extent such provision applies to the Plan.
c. Senior executives of SMG and NFSI shall meet to discuss the Plan on or before the date on which it is due to be submitted to NFSI. Senior executives of SMG and NFSI shall meet monthly to review SMG's performance and progress in implementing the Plan.
d. For calendar year 1997, the Plan shall be submitted to NFSI on or before February 20, 1997, and SMG shall submit the Plan for each subsequent calendar year to NFSI on or before February 20th of such calendar year (e.g., by February 20, 1998 for calendar year 1998).
Marketing Advertising and Promotion. (a) The decision as to the best method of advertising and promoting Products for resale in the United States shall at all times rest with the Company. Dealer will not advertise or trade in Products for resale in such a manner as to prejudice the sale thereof, and will immediately withdraw any advertisement, or cease any method of trading, on being notified by the Company that it considers the same objectionable. The Company may require Dealer to submit advertisements to the Company for approval prior to publication, which approval shall not be unreasonably withheld.
(b) Dealer shall at all times use its best efforts to bring Products to the favorable notice of the public. Subject to applicable governmental ordinances, regulations and statutes, Dealer agrees to erect and maintain at Dealer's location, entirely at Dealer's expense, standard authorized product and service signs of types recommended by the Company, as well as such other authorized signs as are necessary to advertise Dealer's operations effectively. Dealer shall announce upon its stationery, circulars, invoices and other promotional materials that it is an authorized dealer of Motor cars. Any use by Dealer in such connection of the Trademarks shall be accompanied by a prominent notation in form satisfactory to the Company that the Trademarks are registered in the United States Patent and Trademark Office.
(c) Dealer shall not, without the Company's prior written consent, permit Products to be photographed or otherwise utilized by third parties to advertise or promote other products, services, activities or events of any kind.
(d) Dealer shall purchase the Company's annual marketing package and any other additional marketing materials required by the Company from time to time. The annual marketing package and additional marketing materials shall be charged to Dealer's parts account.
(e) Dealer shall contribute to the Company's cooperative Advertising Partnership, which shall be used to promote the sale of Products. The Company shall have discretion as to the manner in which contributions are utilized in advertising.
Marketing Advertising and Promotion. 3.1. Overall Brand Strategy. Quinsa (or, if Quinsa enters into a sublicense pursuant to Section 13.11 with respect to any portion of the Territory, the Quinsa Subsidiary holding the sub-license), after consultation with AmBev, shall develop the overall policies and present to Quinsa Board of Directors (or to the board of directors of such Quinsa Subsidiary) for approval, the overall policies and strategies relating to the market positioning of Licensed AmBev Beer, including, without limitation, the policies and strategies relating to image, class and target price and shall determine the fit and placement of Licensed AmBev Beer within Quinsa's brand portfolio. Such overall policies and strategies must be consistent with AmBev's policies and strategies for Licensed AmBev Beer outside the Territory.
Marketing Advertising and Promotion
