Common use of Marketing and Advertising Clause in Contracts

Marketing and Advertising. During the term of this Agreement, the Agent shall develop and execute a direct response marketing strategy for the Notes designed to meet the Company’s capital goals in a timely manner, which shall be subject to the prior approval of the Company. The Agent shall also oversee designing and printing all marketing materials, in accordance with the Securities Act, including the applicable rules and regulations and any other requirements of the SEC and the NASD and any other Governmental Rules. (i) For purposes of Sections 2.05 and 3.01 only, Sxxxxx Xxxxxxxxxx Agency, Inc., an affiliate of the Agent (the “Agency”), is hereby made a party to this Agreement. During the term of the Agent’s activities to market and sell the Notes hereunder, the Agency will provide the Company with media planning, media buying, media production, media placement and other marketing services related to the Offering as described on Exhibit A hereto, and the terms of which shall be binding upon the Company and the Agency. (ii) Notwithstanding the foregoing, the authority of the Agent and the Agency with respect to all ad placements and use of all marketing materials shall be subject to receiving the prior written approval of the Company. (iii) In order to minimize advertising costs, the Agent and/or the Agency may recommend that the Company enter into long term contracts (not to exceed one year) with various newspapers and radio stations, and in such event, in addition to the direct cost of the advertisements themselves, the Company shall be responsible for any termination fees that result from the early cancellation of such contracts if approved by the Company. (iv) During the term of this Agreement, the Company shall allow the Agent and the Agency to use the Company’s logo, business colors, trademarks, trade names, fonts, and other aspects of business identity in advertisements and marketing materials related to the Notes and on the Agent’s website, subject to the Company’s prior written approval of the specific use of these items in writing in each instance (which shall not be unreasonably withheld). Neither the Agent nor the Agency will make use of the Company’s logo, business colors, trademarks or trade names in any manner that would reasonably be expected to disparage or damage such marks or the reputation of the Company or diminish the Company’s goodwill. It is expressly agreed that neither the Agent nor the Agency is acquiring any right, title or interest in the Company’s logo, business colors, trademarks or trade names, and the rights of the Agent and Agency to use the same shall terminate upon the termination of this Agreement.

Marketing and Advertising. During the term of this Agreement, the Agent shall develop and execute a direct response marketing strategy for the Notes designed to meet the Company’s 's capital goals in a timely manner, which shall be subject to the prior approval of the Company. The Agent shall also oversee designing and printing all marketing materials, in accordance with the Securities Act, including the applicable rules Rules and regulations Regulations and any other requirements of the SEC and the NASD and any or other Governmental Rules. (i) For purposes of Sections 2.05 and 3.01 only, Sxxxxx Xxxxxx Xxxxxxxxxx Agency, Inc., an affiliate a wholly owned subsidiary of the Agent (the “"Agency”), ") is hereby made a party to this Agreement. During the term of the Agent’s 's activities to market and sell the Notes hereunder, the Agency will provide the Company with media planning, media buying, media production, media placement and other marketing services related to the Offering as described on Exhibit A D hereto, and the terms of which shall be binding upon the Company and the Agency. (ii) Notwithstanding the foregoing, the authority of the Agent and the Agency with respect to all ad placements and use of all marketing materials shall be subject to receiving the prior written approval of the Company. (iii) In order to minimize advertising costs, the Agent and/or the Agency may recommend that the Company enter into long term contracts (not to exceed one year) with various newspapers and radio stations, and in such event, in addition to the direct cost of the advertisements themselves, the Company shall be responsible for any termination fees that result from the early cancellation of such contracts if approved by the Company. (iv) During the term of this Agreement, the Company shall allow the Agent and the Agency to use the Company’s 's logo, business corporate colors, trademarks, trade names, fonts, and other aspects of business corporate identity in advertisements and marketing materials related to the Notes and on the Agent’s 's website, subject to the Company’s 's prior written approval of the specific use of these items in writing in each instance (which shall not be unreasonably withheld). Neither the Agent nor the Agency will make use of the Company’s 's logo, business corporate colors, trademarks or trade names in any manner that would reasonably be expected to disparage or damage such marks or marks, the reputation of the Company or diminish the Company’s 's goodwill. It is expressly agreed that neither the Agent nor the Agency is acquiring any right, title or interest in the Company’s 's logo, business corporate colors, trademarks or trade names, and ." 11. Addition of Section 3.02(f). The following shall be added to the rights of the Agent and Agency to use the same shall terminate upon the termination of this Agreement.Agreement as Section 3.02(f):

Marketing and Advertising. During the term of this Agreement, the Agent shall develop and execute a direct response marketing strategy for the Notes designed to meet the Company’s capital goals in a timely manner, which shall be subject to the prior approval of the Company. The Agent shall also oversee designing and printing all marketing materials, in accordance with the Securities Act, including the applicable rules and regulations and any other requirements of the SEC and the NASD FINRA and any other Governmental Rules. (i) For purposes of Sections 2.05 and 3.01 only, Sxxxxx Xxxxxx Xxxxxxxxxx Agency, Inc., an affiliate of the Agent (the “Agency”), is hereby made a party to this Agreement. During the term of the Agent’s activities to market and sell the Notes hereunder, the Agency will provide the Company with media planning, media buying, media production, media placement and other marketing services related to the Offering as described on Exhibit A hereto, and the terms of which shall be binding upon the Company and the Agency. (ii) Notwithstanding the foregoing, the authority of the Agent and the Agency with respect to all ad placements and use of all marketing materials shall be subject to receiving the prior written approval of the Company. (iii) In order to minimize advertising costs, the Agent and/or the Agency may recommend that the Company enter into long term contracts (not to exceed one year) with various newspapers and radio stations, and in such event, in addition to the direct cost of the advertisements themselves, the Company shall be responsible for any termination fees that result from the early cancellation of such contracts if approved by the Company. (iv) During the term of this Agreement, the Company shall allow the Agent and the Agency to use the Company’s logo, business colors, trademarks, trade names, fonts, and other aspects of business identity in advertisements and marketing materials related to the Notes and Notes, on the Agent’s websitewebsite and otherwise for purposes of Section 2.05, subject to the Company’s prior written approval of the specific use of these items in writing in each instance (which shall not be unreasonably withheld). Neither the Agent nor the Agency will make use of the Company’s logo, business colors, trademarks or trade names in any manner that would reasonably be expected to disparage or damage such marks or the reputation of the Company or diminish the Company’s goodwill. It is expressly agreed that neither the Agent nor the Agency is acquiring any right, title or interest in the Company’s logo, business colors, trademarks or trade names, and the rights of the Agent and Agency to use the same shall terminate upon the termination of this Agreement.

Marketing and Advertising. During the term of this Agreement, the Agent shall develop and execute a direct response marketing strategy for the Notes designed to meet the Company’s 's capital goals in a timely manner, which shall be subject to the prior approval of the Company. The Agent shall also oversee designing and printing all marketing materials, in accordance with the Securities Act, including the applicable rules and regulations Act and any other requirements of the SEC and the NASD and any or other Governmental Rules. (i) For purposes of Sections 2.05 and this Section 3.01 only, Sxxxxx Xxxxxxxxxx Sumner Harrington Agency, Inc., an affiliate of the Agent a wholly-owned subsidixxx xx Xxxxx (the “Agency”), "Xxency") is hereby made a party to this Agreement. During the term of the Agent’s 's activities to market and sell the Notes hereunder, the Agency will provide the Company with media planning, media buying, media production, media placement buying and other marketing services related to the Offering as described provided on Exhibit A hereto, and the terms of which shall be binding upon the Company and the Agency. (ii) Notwithstanding the foregoing, the authority of the Agent and the Agency with respect to all ad placements and use of all marketing materials shall be subject to receiving the prior written approval of the Company. (iii) In order to minimize advertising costs, the Agent and/or the Agency may recommend that the Company enter into long term contracts (not to exceed one year) with various newspapers and radio stations, and in such event, in addition to the direct cost of the advertisements themselves, the Company shall be responsible for any termination fees that result from the early cancellation of such contracts if approved by the Company. (iv) During the term of this Agreement, the Company shall allow the Agent and the Agency to use the Company’s 's logo, business corporate colors, trademarks, trade names, fonts, and other aspects of business corporate identity in advertisements and marketing materials related to the Notes and on the Agent’s 's website, subject to the Company’s 's prior written approval of the specific use of these items in writing in each instance (which shall not be unreasonably withheld). Neither the The Agent nor the Agency will not make use of the Company’s 's logo, business corporate colors, trademarks or trade names in any manner that would reasonably be expected to disparage or damage such marks or marks, the reputation of the Company or diminish the Company’s 's goodwill. It is expressly agreed that neither the Agent nor the Agency is not acquiring any right, title or interest in the Company’s 's logo, business corporate colors, trademarks or trade names, and the rights of the Agent and Agency to use the same shall terminate upon the termination of this Agreement.

Marketing and Advertising. During the term of this Agreement, the Agent shall develop and execute a direct response marketing strategy for the Notes designed to meet the Company’s 's capital goals in a timely manner, which shall be subject to the prior approval of the Company. The Agent shall also oversee designing and printing all marketing materials, in accordance with the Securities Act, including the applicable rules Rules and regulations Regulations and any other requirements of the SEC and the NASD and any or other Governmental Rules. (i) For purposes of Sections 2.05 and 3.01 only, Sxxxxx Xxxxxxxxxx Sumner Harrington Agency, Inc., an affiliate of the Agent a wholly owned subsidiary ox Xxxxx (the “Agency”), "Xxxxxx") is hereby made a party to this Agreement. During the term of the Agent’s 's activities to market and sell the Notes hereunder, the Agency will provide the Company with media planning, media buying, media production, media placement and other marketing services related to the Offering as described on Exhibit A D hereto, and the terms of which shall be binding upon the Company and the Agency. (ii) Notwithstanding the foregoing, the authority of the Agent and the Agency with respect to all ad placements and use of all marketing materials shall be subject to receiving the prior written approval of the Company. (iii) In order to minimize advertising costs, the Agent and/or the Agency may recommend that the Company enter into long term contracts (not to exceed one year) with various newspapers and radio stations, and in such event, in addition to the direct cost of the advertisements themselves, the Company shall be responsible for any termination fees that result from the early cancellation of such contracts if approved by the Company. (iv) During the term of this Agreement, the Company shall allow the Agent and the Agency to use the Company’s 's logo, business corporate colors, trademarks, trade names, fonts, and other aspects of business corporate identity in advertisements and marketing materials related to the Notes and on the Agent’s 's website, subject to the Company’s 's prior written approval of the specific use of these items in writing in each instance (which shall not be unreasonably withheld). Neither the Agent nor the Agency will make use of the Company’s 's logo, business corporate colors, trademarks or trade names in any manner that would reasonably be expected to disparage or damage such marks or marks, the reputation of the Company or diminish the Company’s 's goodwill. It is expressly agreed that neither the Agent nor the Agency is acquiring any right, title or interest in the Company’s 's logo, business corporate colors, trademarks or trade names, and ." 11. Addition of Section 3.02(f). The following shall be added to the rights of the Agent and Agency to use the same shall terminate upon the termination of this Agreement.Agreement as Section 3.02(f):

Marketing and Advertising. During the term of this Agreement, the Agent shall develop and execute a direct response marketing strategy for the Notes designed to meet the Company’s 's capital goals in a timely manner, which shall be subject to the prior approval of the Company. The Agent shall also oversee designing and printing all marketing materials, in accordance with the Securities Act, including the applicable rules and regulations and any other requirements of the SEC and the NASD and any other Governmental Rules. (i) For purposes of Sections 2.05 and 3.01 only, Sxxxxx Xxxxxx Xxxxxxxxxx Agency, Inc., an affiliate of the Agent (the “"Agency”"), is hereby made a party to this Agreement. During the term of the Agent’s 's activities to market and sell the Notes hereunder, the Agency will provide the Company with media planning, media buying, media production, media placement and other marketing services related to the Offering as described on Exhibit EXHIBIT A hereto, and the terms of which shall be binding upon the Company and the Agency. (ii) Notwithstanding the foregoing, the authority of the Agent and the Agency with respect to all ad placements and use of all marketing materials shall be subject to receiving the prior written approval of the Company. (iii) In order to minimize advertising costs, the Agent and/or the Agency may recommend that the Company enter into long term contracts (not to exceed one year) with various newspapers and radio stations, and in such event, in addition to the direct cost of the advertisements themselves, the Company shall be responsible for any termination fees that result from the early cancellation of such contracts if approved by the Company. (iv) During the term of this Agreement, the Company shall allow the Agent and the Agency to use the Company’s 's logo, business corporate colors, trademarks, trade names, fonts, and other aspects of business corporate identity in advertisements and marketing materials related to the Notes and on the Agent’s 's website, subject to the Company’s 's prior written approval of the specific use of these items in writing in each instance (which shall not be unreasonably withheld). Neither the Agent nor the Agency will make use of the Company’s 's logo, business corporate colors, trademarks or trade names in any manner that would reasonably be expected to disparage or damage such marks or the reputation of the Company or diminish the Company’s 's goodwill. It is expressly agreed that neither the Agent nor the Agency is acquiring any right, title or interest in the Company’s 's logo, business corporate colors, trademarks or trade names, and the rights of the Agent and Agency to use the same shall terminate upon the termination of this Agreement.

Marketing and Advertising. During the term of this Agreement, the Agent shall develop and execute a direct response marketing strategy for the Notes designed to meet the Company’s 's capital goals in a timely manner, which shall be subject to the prior approval of the Company. The Agent shall also oversee designing and printing all marketing materials, in accordance with the Securities Act, including the applicable rules and regulations and any other requirements of the SEC and the NASD and any other Governmental Rules. (i) For purposes of Sections 2.05 and 3.01 only, Sxxxxx Xxxxxx Xxxxxxxxxx Agency, Inc., an affiliate of the Agent (the “"Agency”"), is hereby made a party to this Agreement. During the term of the Agent’s 's activities to market and sell the Notes hereunder, the Agency will provide the Company with media planning, media buying, media production, media placement and other marketing services related to the Offering as described on Exhibit A hereto, and the terms of which shall be binding upon the Company and the Agency. (ii) Notwithstanding the foregoing, the authority of the Agent and the Agency with respect to all ad placements and use of all marketing materials shall be subject to receiving the prior written approval of the Company. (iii) In order to minimize advertising costs, the Agent and/or the Agency may recommend that the Company enter into long term contracts (not to exceed one year) year with various newspapers and radio stations, and in such event, in addition to the direct cost of the advertisements themselves, the Company shall be responsible for any termination fees that result from the early cancellation of such contracts if approved by the Company. (iv) During the term of this Agreement, the Company shall allow the Agent and the Agency to use the Company’s 's logo, business corporate colors, trademarks, trade names, fonts, and other aspects of business corporate identity in advertisements and marketing materials related to the Notes and on the Agent’s 's website, subject to the Company’s 's prior written approval of the specific use of these items in writing in each instance (which shall not be unreasonably withheld). Neither the Agent nor the Agency will make use of the Company’s 's logo, business corporate colors, trademarks or trade names in any manner that would reasonably be expected to disparage or damage such marks or the reputation of the Company or diminish the Company’s 's goodwill. It is expressly agreed that neither Neither the Agent nor the Agency is acquiring any right, title or interest in the Company’s 's logo, business corporate colors, trademarks or trade names, and the rights of the Agent and Agency to use the same shall terminate upon the termination of this Agreement.