Marketing and Distribution. Partner will use reasonable efforts in the Territory to (a) demonstrate, actively market, promote and resell the Red Hat Products; (b) make periodic and regular demonstrations that showcase the features of the Red Hat Products; (c) establish and maintain appropriate marketing and distribution facilities and personnel to create and meet the demand for Red Hat Products in the Territory and related support among End Users; and (d) carry out the promotional and other tasks set forth and agreed in writing. Partner will represent the Red Hat Products accurately and fairly and, at all times, avoid misleading, illegal, or unethical business practices. Partner will not make any claim or representation relating to the performance or functionality of the Red Hat Products other than as expressly set forth by Red Hat in the Documentation. Partner agrees to confer periodically with Red Hat, at Red Hat’s request, on matters relating to market conditions, sales forecasting, product planning and promotional marketing strategies.
Marketing and Distribution. Agent acknowledges that the strict performance of its obligations under this Agreement is essential to the continuation of its acting as the exclusive sales and marketing agent for the Products in the Territory. In the course of providing the Services to Principal, Agent shall have the following obligations, to be discharged at its own cost and expense.
(a) To act at all times towards Principal in good faith and not allow its personal interest to conflict with the duties owed to Principal pursuant to the terms and conditions of this Agreement or under the general law;
(b) To use its best efforts to sell and actively promote and market, in accordance with all applicable laws and regulations and to the maximum extent possible, the Products in the Territory;
(c) To diligently investigate or cause to be investigated all leads with potential customers referred to it by Principal or its Affiliates;
(d) To identify and present Products to potential new retailers or distributors in the Territory and, subject to Principal’s prior written consent to such retailers or distributors to resell or distribute the Products;
(e) To assist in the merchandising and/or the design of the relevant sales outlet (to be given or withheld in Principal’s absolute discretion), and thereafter, to oversee implementation and conformity of the sales outlet design;
(f) To manage and oversee the commercial relationship with the Retailers and Authorized Distributors including:
(i) reviewing and liaising with Retailers and Authorized Distributors in connection with the marketing plans and activities;
(ii) recruiting, training and supervising staff and beauty advisors;
(iii) ensuring that all orders are processed and all shipments of Products are made within the Territory in a timely fashion; and
(iv) sales recording and reporting, and supervising and managing sales order invoicing, debt collection and facilitating and liaising with Principal’s accountants for submitting all relevant import duty returns to the appropriate customs authority.
(g) To manage public relations and advertising in and out of the Territory;
(h) To plan, prepare and implement seasonal promotions;
(i) To carry out such customer and end-user training programs as Principal may form time to time specify;
(j) To provide such liaison and support services to Retailers and Authorized Distributors as Principal may reasonably request;
(k) To provide, at the request of Principal, reports of its activities and sales respecting the ...
Marketing and Distribution. The Consultant shall assist the Corporation in the marketing and distribution of the Corporation and its product line.
Marketing and Distribution. In addition to any and all other obligations and liabilities of Buyer as provided in this Agreement, Buyer or Buyers successors shall use commercially reasonable efforts to promote and market the Product for sale according to the business plan covering the first 3 years communicated to Supplier.
Marketing and Distribution. In accordance with the provisions of this License Agreement, Licensee shall, at no expense to Sony, diligently market, sell and distribute the Licensed Products, and shall use its reasonable best efforts to stimulate demand for such Licensed Products in the Licensed Territory and to supply any resulting demand. Licensee shall use its reasonable best efforts to protect the Licensed Products from and against illegal reproduction and/or copying by end users or by any other persons or entities. Such methods of protection may include, without limitation, markings or insignia providing identification of authenticity and packaging seals. Subject to availability, Licensee shall sell to Sony quantities of the Licensed Products at as low a price and on terms as favorable as Licensee sells similar quantities of the Licensed Products to the general trade; provided, however, Sony shall not directly or indirectly resell any such units of the Licensed Products within the Licensed Territory without Licensee's prior written consent.
Marketing and Distribution. 4.1 Meizler undertakes to exert its very best efforts to promote, market and distribute Brainsway’s proprietary Deep TMS Devices within the Territory for patients suffering from any Approved Indication under the trademark of Brainsway.
4.2 Such marketing and distribution activities as detailed in the Marketing Plan attached to this Agreement as Annex C. shall include the conduct of conferences to have hospital, medical centers and leading doctors in the Territory recognize the innovative nature and capabilities of the Deep TMS Device, the promotion and advertisement of the Deep TMS Device and treatments therewith within the Territory, and the actual distribution of the Deep TMS Device to Meizler’s clients (which shall include hospitals, medical centers, psychiatric clinics etc.). Marketing and distribution activities shall include the conduct of minor clinical trail if required in order to receive regulatory approvals for new or existing indications in the Territory.
4.3 The provision of the Deep TMS Device by Meizler to its clients shall be based on a “rent and use” agreement (the terms of which shall be prior approved by Brainsway), pursuant to the terms of which the clients will pay Meizler a certain fixed amount in respect of each treatment of a patient that makes use of the Deep TMS Device.
4.4 Meizler shall be responsible for ensuring that all clients use the Deep TMS Device strictly in accordance with the Protocol and the other documents to be provided by Brainsway, as specified in Section 4.7 below, solely for the treatment of the Approved Indications, and solely in the Territory.
4.5 Meizler undertakes to effect the first commercial rental of the Deep TMS Device within the Territory by no later than thirty (30) days after receiving the license of the device from ANVISA.
4.6 The Deep TMS Devices shall be marketed, promoted, lease and used ONLY for the treatment of Approved Indications and other neurological and psychopathological disorders indications instructed in writing by Brainsway (such indications as instructed, the “Approved Indications”). Brainsway undertake to notify Meizler on every new Approved Indication.
4.7 Meizler undertakes that prior to the commencement of its marketing and promotion of the Deep TMS Devices, it shall obtain all required licenses, permits and insurances as required under any applicable law or regulation – all at the expense of Meizler. Meizler undertakes to maintain all such permits and licenses during the term of t...
Marketing and Distribution. 6.1 Subject to the Seller, in its absolute discretion, signing the Agreement, the Buyer and the Seller agree to market and sell the Coins in accordance with the terms and conditions set out in Item K [Marketing and Distribution] Of the Agreement or Quote.
Marketing and Distribution. ATS will use its commercially reasonable efforts to promote, market and distribute the Services in conjunction with the ATS System under this Agreement. ATS shall have discretion to decide the methods and channels used to market, promote and distribute the Services through those retailers set forth in Appendix G although ATS may distribute the Services in conjunction with ATS Telephones through retailers not set forth in Appendix G, subject to SP written approval that may not be unreasonably withheld or delayed. Nothing herein shall limit ATS’ right to promote, market and distribute other Telephones that are not bundled with the Services provided by SP, nor SP’s right to promote and distribute other hardware or Services not bundled with the ATS System, subject to any exclusivity provisions contained in Section 12 below except as provided in Section 2(d). ATS shall be solely responsible for the development of all promotional and marketing materials, inserts and advertising materials (“Materials”) except as set forth in section 1 (b) above. Without limiting the foregoing, ATS may not produce or utilize any marketing materials, promotional initiatives or advertisements for the Service unless approved by SP in writing in advance, and such approval or rejection must take place in a timely manner and approval may not be unreasonably withheld or delayed. Should SP require certain disclosures required by Regulatory Authorities to be included with the Telephones in the packaging, SP agrees to provide ATS with such information in a timeframe sufficient to permit ATS to include the disclosures with the Telephones. American Telecom Services, Inc. Private and Confidential
Marketing and Distribution. At all times during the Term, Third Party Dealer shall, in accordance with this Agreement and at its own cost: (i) ensure that End Users receive, are aware of, and accept the terms and conditions of the XXXX before using the Software and promptly report to Licensor in writing any actual or suspected XXXX non-compliance; (ii) advertise, promote, market, and distribute the Software and Equipment to End Users using Third Party Dealer’s best efforts to maximize the distribution of, licensing revenues from, and End User satisfaction with, the Software; and (iii) promptly give Licensor written notice of any notice, complaint, or claim of which Third Party Dealer becomes aware concerning any data security breach, personal injury, property damage, or other injury alleged to have been caused, in whole or in part, by the Software.
Marketing and Distribution. Medtronic shall use reasonable best efforts to further the promotion, marketing, sale and/or other distribution of Products for use in the Cranial Field. Without limiting the generality of the foregoing, Medtronic shall maintain adequate sales channels to market and distribute the Products for use in the Cranial Field.
