Marketing and Promotional Activities. The Company agrees to engage in the following marketing and promotional activities: Each Walking Program must include a regular walk (at minimum, monthly) and the participation of either a resident physician actively participating in a residency medical training program or a board-certified physician (in each instance, the “Physician”) at each walk. The Physician is encouraged to provide a three to eight minute informational talk prior to each walk. The Physician must, at a minimum, commit to a sixty minute commitment for each walk. The Company may provide fruit, granola, water and coffee for the participants of each walk, if conducted in a manner consistent with the Company’s safety protocols. The Company must display Just Walk’s logo at each walk. Upon request of Just Walk, the Company will also display the names and/or logos of Just Walk's sponsors on walk marketing and promotional materials. The Company must be receptive to representatives of Just Walk's sponsors attending the Company’s walks and disseminating sponsor literature. The Company must participate as a member in Just Walk’s liability insurance and shall provide notice to Just Walk of the location of the walk to be listed with the insurance carrier. The Company shall not walk at a different location without obtaining prior written approval of Just Walk. The Company shall pay a start-up fee of $650.00 to Just Walk. [For an additional $600.00, Just Walk shall provide the Company with fifty (50) shirts, fifty (50) pedometers, one large banner and one large sign, prior to the commencement of the Walking Program.] The Company must offer participants in the Walking Program the option to sign-up for the National Just Walk newsletter. The Company shall use its best efforts to register participants to take part in the Walking Program and to obtain executed waivers in the form provided by Just Walk to the Company as part of the registration process. The Company shall not through itself or through any third party or entity, including, but not limited to, a physician affiliated with the Company, such physician’s practice, or a health system affiliated with the Company, advertise, promote, sell or distribute any products at any walk unless previously approved in writing by Just Walk. The Company must receive prior written approval from Just Walk of the content, message and delivery of any disclosures, posts or messages it or its affiliates, representatives or employees intend to disseminate to the media, ...
Marketing and Promotional Activities. To the extent indicated on Exhibit A hereto, the parties agree to use commercially reasonable efforts to engage in the marketing and promotional activities described on Exhibit A hereto.
Marketing and Promotional Activities ev3 will market the Products within the Territory according to the then current Marketing Plan. ev3 will keep MTI informed about upcoming trade shows and similar events within the Territory.
Marketing and Promotional Activities. To the extent indicated on Exhibit A, the Company agrees to engage in the marketing and promotional activities described on Exhibit A for one walk site. Just Walk shall provide to the Company the following items within a reasonable period of time following the Effective Date: (i) one hundred (100) co-branded t-shirts with one pre-approved design for all shirts; (ii) one (1) co-branded vinyl banner(s) with one pre-approved design for all banner(s); (iii) one (1) standard yard sign(s) with Just Walk branding only; and (iv) one hundred (100) pedometers, co-branded if reasonably possible with one pre-approved design for all pedometers (or branded with the Just Walk logo, if not reasonably possible). Just Walk, at its own cost, shall (i) obtain standard liability coverage on its insurance policy, and (ii) create a standard webpage on the Just Walk website, similar to that obtained and created for other walks that are part of the Walking Program.
Marketing and Promotional Activities. As soon as practicable after the effective date of this Agreement, both parties will issue a joint press release announcing OEM's rights to distribute and market the Programs, but in no case shall such press release be issued without the consent of both parties. GUPTA shall have the right to use the OEM name in customer lists or promotional documents that incorporate such lists. During the term of this Agreement, both parties agree to cooperate in ongoing joint promotional and marketing activity with respect to the Programs and to respect the other party's reasonable policies with respect to use of its corporate or product names. 6 OEM SOFTWARE LICENSE AGREEMENT (Signature Pages) IN CASE OF CONFLICT BETWEEN THE TERMS AND CONDITIONS SPECIFIED ON THE SIGNATURE PAGES BELOW AND THE TERMS AND CONDITIONS CONTAINED IN THE BODY OF THE AGREEMENT, THE TERMS AND CONDITIONS OF THESE SIGNATURE PAGES SHALL CONTROL.
Marketing and Promotional Activities. Distributor will market the Products within the Territory according to the then current Marketing Plan. A marketing plan template is provided in Exhibit E. Distributor will provide TRANS1 with an annually completed Marketing Plan by January 31st of each year. Distributor will provide TRANS1 with notice of upcoming trade shows and similar events within the Territory on a quarterly basis.
Marketing and Promotional Activities. 1.11. COP shall undertake all commercially reasonable efforts to promote and market the Services within the Territory, and at a minimum, take such steps as those indicated in the documentation provided by Crisalix to this effect (namely the ‘Crisalix Partner_Marketing Kit’).
1.12. So as to carry out the contractual agreement and fulfill the relevant objectives, COP shall ensure that all COP employees, agents, representatives or advisors who, who are responsible, directly or indirectly, for promoting and marketing the Services, due to their responsibilities of generally marketing and promoting COP’s regular products, will be fully familiar with Crisalix’ Services and sales strategy, namely through the familiarity with the ‘Crisalix_ Partner_sales training’ document made available to COP by Crisalix. Crisalix can make available its staff to remotely train COP’s staff or contractors for this purpose. If training requires a personal presence COP will be responsible for the costs and expenses incurred.
1.13. COP shall cooperate in promoting and marketing the Services in the Territory so as to extend its use within the Territory and, in any event, promote the good image and reputation of Crisalix and the Services in the Territory.
Marketing and Promotional Activities. 3.1 In no circumstances shall Partner claim any payment or funding from Dell for reimbursement or support for any expenses or costs incurred from any marketing, promotional or sales activities, including without limitation, marketing, promotional or sales plans, programs, discount, recommendation, communication, etc., unless otherwise agreed by Dell and Partner separately in writing, and signed by an authorized representative of Dell. Such authorized representative for this purpose will be Dell Finance Director.
Marketing and Promotional Activities. 3.3 BSC shall include all Significant Complications and all Inherent Mesh Complications in its Marketing Materials either by including a list of such complications or a reference to the applicable DFU if the inclusion of a list is not reasonably practicable given the length of the Marketing Material and the media used, such as in reminder ads. Provided however that in all instances where the Marketing Material purports to address the subject of complications, BSC shall include all Significant Complications and all Inherent Mesh Complications. Additionally, in all Marketing Materials that are intended to reach consumers other than or in addition to HCPs and that address the subject of complications, BSC shall include descriptions of the Significant Complications and Inherent Mesh Complications in terms reasonably understandable to a consumer.
3.4 BSC shall not, in any Marketing Materials, state or in any way represent that any Inherent Mesh Complications are a risk common to any pelvic floor or other surgery not involving the use of surgical mesh or other graft material.
3.5 BSC shall not, in any Marketing Materials, state or in any way represent that Inherent Mesh Complications can be eliminated with surgical experience or technique alone.
3.6 BSC shall not, in any Marketing Materials, state or in any way represent that BSC Surgical Mesh does not cause a foreign body reaction, including a chronic foreign body reaction.
3.7 BSC shall not, in any Marketing Materials, state or in any way represent that BSC Surgical Mesh remains soft, supple, or pliable, or that it continues to have bi-directional elasticity after the BSC Surgical Mesh is implanted inside the body.
3.8 BSC shall not, in any Marketing Materials, state or in any way represent that BSC Surgical Mesh does not potentiate infection or does not increase the likelihood of infection.
3.9 BSC shall not, in any Marketing Materials, state or in any way represent that BSC Surgical Mesh is superior to traditional repair unless such representations and claims are supported by Valid Scientific Evidence.
3.10 BSC shall not represent that BSC Surgical Mesh is “FDA approved” or that it has undergone the FDA’s pre-market approval process, including the requirement for clinical trials, unless such is the case.
3.11 In any training provided by or on behalf of BSC to any HCPs regarding proper procedures for insertion and implantation of BSC Surgical Mesh, BSC shall ensure that such training informs the HCP about Sig...
Marketing and Promotional Activities. 4.1 Each Party shall (i) not release any advertising, sales or promotional materials, press releases, statements, or other publicly available materials or engage in any other marketing or promotions which refer to this Agreement, the other Party, its Affiliates, or their respective products or services, including but not limited to through online or offline methods, such as email, fax, broadcast, telemarketing, SMS/text message, social media, or video platforms, without the prior written consent of the other Party in each instance; (ii) to the extent applicable, ensure that its personnel are knowledgeable regarding the proper demonstration, use, and sale of the other Party’s or its Affiliates’ products or services associated with the relevant Program Exhibit(s) as well as the relevant specifications, features and advantages of such products and services, and that its personnel comply with any quality standards regarding sales, service, and support that the other Party may make available from time to time; (iii) to the extent applicable, make reasonable efforts to ensure that any pricing or other marketing information provided to any of its customers or otherwise or any other publicly available materials, online or offline, are accurate to its best knowledge; and (iv) not engage in any marketing or promotional activity related to the other Party, its Affiliates or their respective products or services in any unauthorized area, location, territory, or jurisdiction, as defined by the other Party. Company consents to its identification as a customer, partner or carrier partner (as applicable) of Auctane on Auctane’s and its Affiliates’ websites, and in other marketing materials distributed by Auctane and its Affiliates, including press releases, case studies, and similar publications, and the display and use of Company Marks (as defined below) in connection with such activities.
4.2 Without limiting the foregoing, neither Party shall: (i) promote or advertise the other Party or its Affiliates on coupon, deal, or discount sites or on GTP/Get Paid to Click or other incentivized sites, or display any offer code or website link on a public-facing page or through the use of a “click to display” offer code; (ii) use its website link directly in any pay-per-click advertising; (iii) purchase search engine or other pay-per-click keywords (such as Google Ads), trademarks, or domain names that use the other Party’s Marks or any variations or misspellings thereof that may...
