Marketing and Sales Efforts. Distributor and Siebel shall meet to jointly prepare a mutually agreeable marketing plan (the "Marketing Plan") to promote and market the Licensed Software as part of a solution to Customers and potential Customers in order to maximize the licensing and distribution of the Licensed Software to Customers. Such Marketing Plan will include an annual commitment by Distributor of $100,000 to be spent on the marketing efforts described in the marketing Plan Distributor agrees further that its marketing and advertising efforts with respect to the Licensed Software will be of the highest quality and shall preserve the professional image and reputation of Siebel and the Licensed Software. Within ninety (90) calendar days from the Effective Date, Distributor agrees to appoint and train, to the reasonable satisfaction of Siebel, sufficient sales persons and/or technical support consultants as are needed to satisfy Distributor's obligation to use its reasonable efforts to market and sell the Licensed Software. Distributor agrees that its staff shall achieve a level of competence in the Licensed Software and will participate in applicable certification programs that Siebel may establish Each party shall appoint a channel manager to manage the relationship described in this Agreement and to assist in addressing issues that may arise. Each party shall use reasonable efforts to provide the other party with qualified leads related to the products and services distributed by the other party.
Marketing and Sales Efforts. During the Term and any Renewal Term, BISYS shall use commercially reasonable efforts to market, promote and sell Outsourcing Services using the System and Ancillary Products to Financial Institutions located in the Territory, including using commercially reasonable efforts to convert each of its TotalPlus Customers to Outsourcing Services using the System at the renewal of the TotalPlus Customer's agreement, except when BISYS has a good-faith belief after due inquiry that a TotalPlus Customer is not a reasonable prospective customer for such conversion.
Marketing and Sales Efforts. Distributor shall conduct all of its business in its own name and in a manner as it may see fit; provided, however, that Distributor shall at all times conduct its business as will reflect favorably on the good name, goodwill and reputation of Supplier and its products. Distributor shall maintain a sales office in the Territory and shall use its best efforts and devote such time and resources as may be reasonably necessary to successfully solicit, market, distribute and support the Products on a continuing basis and to comply with good business practices and all laws and regulations relevant to this Agreement or the subject matter hereof. Distributor shall promote the sale of the products by all legally permissible means including, without limitation, personal visits and demonstrations and shall provide and maintain an appropriate sales organization with a sufficient sales force to call and follow-up on accounts in a regular basis and to cover the Territory effectively. In its distribution efforts, Distributor will use current names and product model numbers used by Supplier for the Products (but will not represent or imply that it is Supplier or is a part of Supplier); provided that all advertisements and promotional materials shall be subject to prior written approval of Supplier, which approval shall not be unreasonably withheld; and, provided further, that no other right to use any name or designation is granted by this Agreement. All of Distributor’s marketing and sales efforts pursuant to this Section 5.1 shall be set forth in a written marketing and sales plan agreed with in advance by Supplier.
Marketing and Sales Efforts. Distributor and Siebel shall each use reasonable efforts to promote and market the Licensed Software to Customers and potential Customers in order to maximize the licensing and distribution of the Licensed Software to Customers. Such marketing efforts shall include, but not be limited to the following: preparation and presentation of an annual Marketing and Sales Plan with all marketing and sales related expenditures detailed and a ROI (return on investment) analysis to justify all such expenditure; Such annual Marketing and Sales Plan shall be presented to Siebel within 30 days from the Effective Date (and each year thereafter on the anniversary date of the Effective Date) for its review and approval (such approval not to be unreasonably withheld or delayed); establishment of a marketing and sales force to promote and distribute the Licensed Software; advertising the Licensed Software in a commercially appropriate and reasonable manner; and promoting the Licensed Software at seminars, trade shows and conferences. Distributor agrees further that its marketing and advertising efforts with respect to the Licensed Software will be of high quality and in no event of lesser quality as Distributor's efforts with respect to Distributor's own software. Distributor further agrees that it shall preserve the professional image and reputation of Siebel and the Licensed Software. Within one hundred twenty (120) calendar days from the Effective Date, Distributor agrees to appoint and train, to the reasonable satisfaction of Siebel, sufficient sales persons and/or technical support consultants as are needed to satisfy Distributor's obligation to use its reasonable efforts to market and sell the Licensed Software. Distributor agrees that its staff shall achieve a level of competence in the Licensed Software and will participate in applicable certification programs that Siebel may establish. Each party shall appoint, at its own expense, a channel manager to manage the relationship described in this Agreement and to assist in addressing issues that may arise. Each party shall use reasonable efforts to provide the other party with qualified leads related to the products and services distributed by the other party.
Marketing and Sales Efforts. UNIVERSAL will use commercially reasonable, good-faith efforts, but in no event less than efforts substantially equivalent to those employed by UNIVERSAL in the marketing and distribution of UNIVERSAL-published products of like sales potential and demographic target, to market and distribute the Products, and solicit and support sales of the Products, throughout the Territory.
Marketing and Sales Efforts. 3.1 Subject to client confidentiality considerations, each party may identify prospects for the sale of the other party's Products and Services. Upon notification by one party to the other of such an opportunity and the provision of information adequate to assess such opportunity, the other will use all commercially reasonable efforts to respond within five business days regarding its intent. Any such opportunities will be considered the disclosing party's confidential information. A standard teaming agreement to be developed may be used on such opportunities if the requirements for Systems Provider's pre-sales support go beyond that normally provided under this Agreement per Section 7.1.
Marketing and Sales Efforts. Pioneer shall keep NBY reasonably informed of its marketing strategy and plans for the Product within the Territory (including meeting with NBY at least twice a year in person or by teleconference to discuss such matters) and shall incorporate NBY’s reasonable comments and suggestions with respect thereto. Pioneer shall use its best efforts to promote and sell the Product in each province within the Territory as soon as possible after MAA Approval is obtained by or on behalf of NBY, including, without limitation, [***]. Any and all costs associated with advertising, sales, marketing, promotion, workshops, seminars, conventions, exhibits or other selling costs shall be the responsibility of Pioneer.
Marketing and Sales Efforts. Throughout the term of this Agreement, ITV shall use its best efforts to market, distribute and sell Products bearing one or more of ITV’s and NUTRA’s Marks, including but not limited to Direct Response Marketing. Upon signing this Agreement and until the termination of this Agreement, NUTRA shall maintain on its website (xxx.xxxxxxxx.xxx) a link to the ITV website and NUTRA shall not sell any Product other than by directing customers to the ITV website.
Marketing and Sales Efforts. ST shall use reasonable efforts to promote and market the Licensed Software to Customers and potential Customers in order to maximize the licensing and distribution of the Licensed Software to Customers. Such marketing efforts shall include, but not be limited to the following: preparation and presentation of an annual Marketing and Sales Plan. Such annual Marketing and Sales Plan shall be presented to Siebel within 30 days from the Effective Date (and each year thereafter on the anniversary date of the Effective Date); provided, however, that ST shall have no obligation to share any marketing or sales plans with Siebel during the Wind Down Period; establishment of a marketing and sales force to promote and distribute the Licensed Software; advertising the Licensed Software in a commercially appropriate and reasonable manner; and promoting the Licensed Software at seminars, trade shows and conferences. ST agrees further that its marketing and advertising efforts with respect to the Licensed Software will be of a high quality and shall endeavor to preserve the professional image and reputation of Siebel and the Licensed Software. Within ninety (90) calendar days from the Effective Date, ST agrees to appoint and train, to the reasonable satisfaction of Siebel, sufficient sales persons and/or technical support consultants as are needed to satisfy ST's obligation to use its reasonable efforts to market and sell the Licensed Software. ST agrees that its staff shall achieve a level of competence in the Licensed Software and will participate in applicable certification programs that Siebel may establish. Each party shall appoint a channel manager to manage the relationship described in this Agreement and to assist in addressing issues that may arise. Each party shall use reasonable efforts to provide the other party with qualified leads related to the products and services distributed by the other party. It is understood and agreed that the provisions of this Section 3.12 shall apply except as otherwise set forth in EXHIBIT A hereto or in a business plan agreed to by the parties. Notwithstanding any of the foregoing to the contrary, the obligations of the parties pursuant to this Section 3.12 shall be suspended during the Wind Down Period except for those obligations relating to advertising and the appointment of a channel manager.
Marketing and Sales Efforts. Licensee agrees to use commercially reasonable efforts to market and sell Licensed Products.
