Marketing and Sales of Products Clause Samples

Marketing and Sales of Products. The Parties agree to negotiate in good faith and to reach agreement on the following matters within fifteen (15) days after the Effective Date: the initial List Prices for the Product, the discounts that will be available to the various sales channels, the other terms and conditions of the sales of the Product to third parties, and the terms, conditions and pricing under which MPC will act as reseller of the Products. The Parties agree to cooperate in the future to establish different List Prices and discounts as needed to address cost changes or market conditions. All other terms and conditions of sales of the Products that are not addressed in the mutually agreed-to terms shall be set by TapouT. The Parties shall cooperate in marketing and selling the Products. For each sales lead generated by or becoming known to a Party, the Parties agree that for a preliminary time period to be agreed upon by the Parties, each of them will use reasonable best efforts to jointly assign a sales team consisting of a representative from each Party to pursue such leads with a view toward generating a sale. Orders for the Products, whether generated by MPC or TapouT, shall be submitted to TapouT for fulfillment. TapouT shall have the sole discretion to determine whether to extend credit to any potential purchaser of a Product. TapouT shall process orders for shipment in accordance with commercially reasonable standards. TapouT shall submit invoices to purchasers for Products shipped and shall be responsible for collection of such invoices. TapouT shall provide to MPC written monthly reports that describe the identity of the purchasers, the Products sold, quantities, discounts and prices for all sales of Products. Revenue from sales of Product shall be considered solely the revenue of TapouT for all accounting and other purposes. It is expressly understood and agreed that this Agreement, and any exports, sales, transfers, or any other disposition of Products, to the extent incorporated in the Product, are subject to the laws and regulations of the United States. Specifically, contracts and orders placed for the Product may require advance U.S. Government Export approval or licensing, and, therefore all such contracts and orders are subject to the receipt of any necessary approvals and licenses. The Parties hereto agree to solicit orders, and MPC agrees to process and ship orders, in accordance with all applicable laws and regulations.