Marketing Commitment. The Agent shall promote vigorously and aggressively the acquisition of the Product by end users. Notwithstanding the foregoing, any and all material, which the Agent intends to use for the purpose of promoting the Product, shall not contain information or statements, regarding the Product, differing from those contained in the Company's promotional materials and/or this Agreement, unless agreed upon by both the company and agent.
Marketing Commitment. (a) On the Effective Date and no later than the first (1st) Business Day of each subsequent Fiscal Year, Bank shall pay to NMG an amount equal to the NMG Marketing Commitment for such Fiscal Year, which amount shall be deposited into a marketing fund maintained by NMG (the “NMG Marketing Fund”).
(b) The NMG Marketing Fund shall be used by NMG and its Affiliates in the sole discretion of NMG for such incremental marketing of the Program and the Credit Card Business as NMG and its Affiliates shall undertake from time to time.
(c) Each Monthly Settlement Sheet shall set forth an accounting of the costs incurred, if any, by NMG and its Affiliates in the prior Fiscal Month which were paid out of the NMG Marketing Fund. To the extent that the expenditures of the NMG Marketing Commitment by NMG and its Affiliates in any Fiscal Year exceed the amount in the NMG Marketing Fund, the NMG Companies shall be entitled to reimbursement from the NMG Marketing Fund for the following Fiscal Year but not in excess of 10% of such Fiscal Year’s NMG Marketing Fund. Any amount in the NMG Marketing Fund for a given Fiscal Year that is not spent in that Fiscal Year shall remain available for use during the Term.
(d) Bank hereby agrees to credit a joint marketing fund maintained by Bank (the “Joint Marketing Fund”), no later than the first (1st) Business Day of each Fiscal Year, with an amount equal to the Joint Marketing Commitment. The Joint Marketing Commitment shall be used as set forth in the Marketing Plan and as otherwise directed by the Management Committee from time to time. The NMG Companies and Bank shall each provide to the other for inclusion in the Monthly Settlement Sheet, an accounting of such Party’s and its Affiliates’ use of the Joint Marketing Commitment in the prior Fiscal Month, and Bank shall reimburse the NMG Companies for such amounts used by NMG and its Affiliates, and shall reduce the amount remaining in the Joint Marketing Fund by the amounts used by Bank and its Affiliates. Any amount in the Joint Marketing Fund for a given Fiscal Year that is not spent in that Fiscal Year shall remain available for use at the direction of the Management Committee during the Term.
Marketing Commitment. Licensee will pay a marketing fee to Licensor at the rate of [redacted] of Gross Receipts (the “Marketing Fee”).
Marketing Commitment. 8.1 During the Term, each Scarborough Participant must:
(a) actively and diligently undertake ongoing marketing (whether collectively or otherwise) of its Individual Fields Area New Domgas for sale to a range of buyers in the said State with a view to achieving a reasonably stable and regular supply profile for Fields Area Domgas over the Term which reflects the Relevant Percentage of the T2 Planned LNG Profile at the relevant time, and avoiding any unreasonable accumulation of its Individual Fields Area New Domgas (for the avoidance of doubt the T2 Planned LNG Profile will guide the rate at which a Scarborough Participant must discharge its ongoing marketing obligations in relation to its Individual Fields Area New Domgas and is not intended to set a Fields Area Domgas production or supply obligation);
(b) discharge its ongoing marketing obligations (as specified in clause 8.1(a)) in good faith, actively and diligently (exercising the degree of skill, prudence and foresight which would reasonably be exercised by a skilled and experienced person engaged in the same type of undertaking) having regard to the domestic gas market in the said State including current and prospective buyers, and the Scarborough Participant's existing and anticipated unconditional Fields Area Domgas supply contracts, including, without limitation, through employing staff to market Fields Area Domgas, engaging regularly with potential buyers of Fields Area Domgas in the said State, engaging in or undertaking expression of interest or tender processes (where appropriate) and assessing demand for Fields Area Domgas through activities such as market research and discussions with potential buyers; and
(c) negotiate in good faith with any bona fide buyer of its Individual Fields Area New Domgas as to the price and terms of supply of its Individual Fields Area New Domgas available for sale.
8.2 Without limiting clause 8.1, each Scarborough Participant may meet its marketing obligations by contracting to a different profile as agreed with their customers than as implied by the marketing profile referred to in clause 8.1(a) above.
8.3 In considering whether a Scarborough Participant has complied with its obligations pursuant to clause 8.1 (including its obligation pursuant to 8.1(b) to discharge its marketing obligation in good faith), the State may have regard to, among other things, the extent to which the relevant Scarborough Participant is able to produce and deliver Fields Area Domgas...
Marketing Commitment. Sorrent and CINGULAR commit to continue working together to develop joint marketing initiatives to ensure the sell through of Sorrent’s Premium Titles or Brands as referenced in Schedule 1 of this Exhibit. Sorrent will provide MDF to support these brands. Spend of MDF will be mutually agreed upon. For advertising programs to be funded by the MDF, Cingular recommends that the ads include incentive or advertisement on how to get games from the Cingular Storefront. This may include, but are not limited to, SMS short codes with links to the WAP Cingular storefront. Additionally, the MDF should be used to drive traffic to the Cingular sites and should not include advertisements on the Cingular sites.
Marketing Commitment. Nycomed covenants and agrees that it shall maintain sales and marketing spending levels in the Territory in a manner consistent with commercially reasonable marketing efforts. 48 ARTICLE XVI
Marketing Commitment. T2 Entertainment shall use its best efforts to advertise, market and distribute the Localized Game throughout the Territory and, in doing so, shall ensure that its marketing, promotion and advertising activities (collectively "Marketing Activities") are in accordance with high quality and good taste and will be comparable to the high quality Marketing Activities in the Territory for competitive products. T2 Entertainment agrees to spend One Million Dollars ($1,000,000) on Marketing Activities during the one (1) full year period following and commencing on the Effective Date. In case this Agreement is terminated prior to the end of the Term according to Section 11.3 of this Agreement and such One Million Dollars have not been fully spent by the time of termination, disposal of the remainder shall be subject to the Subsequent Agreements as described in Section 11.3.
Marketing Commitment. Company agrees that it will continue in good faith to produce and market Licensed Products in the same manner that it is currently producing and marketing such items as of September 1, 2005 unless Company and Xxxxxxxxx believe it is not commercially reasonable to continue to produce and market the Licenced Products.
Marketing Commitment. 36 5.3 Communications with Cardholders................................................................ 37 5.4 Additional Marketing Support................................................................... 38 5.5 Ancillary Products............................................................................. 38 5.6 Marketing Plan................................................................................. 38
Marketing Commitment. T2 shall use its best efforts to vigorously and aggressively advertise, market and distribute the Licensed Software throughout the Territory and, in doing so, shall ensure that its marketing, promotion and advertising activities (collectively, "Marketing Activities") are in accordance with high quality and good taste and will be comparable to the highest quality and good taste and will be comparable to the highest quality Marketing Activities in the Territory for competitive products. T2 shall submit a marketing plan and budget to SEGA two months prior to the Closed Beta Test. SEGA shall review the marketing plan and shall either provide T2 with: (a) written approval of the marketing plan or (b) a written list of changes that shall be made before SEGA approves such a marketing plan. SEGA and T2 shall by consultation determine the aforesaid changes to be made to ensure that such changes are conductive to the marketing of the Licensed Software, reasonably within T2's capability and in compliance with any applicable laws. The aforesaid approvals shall not be unreasonably withheld by SEGA. If SEGA fails to respond to any such marketing plan and budget by providing T2 with such a written approval or written list of changes within five (5) business days after receipt of the marketing plan and budget from T2, SEGA will be deemed to have approved such marketing plan and budget. During the Term, T2 may reasonably change the monthly marketing budget and marketing activities as required by market conditions in the Territory. T2 shall submit monthly reports to SEGA indicating in reasonable detail: (i) the costs T2 has spent on marketing during the previous month and (ii) marketing activities conducted during the previous month (the "Marketing Report"). T2 shall not implement any Marketing Activities without receiving prior written approval thereof from SEGA. SEGA's approval of any Marketing Activities or marketing plan shall not constitute an opinion as to its legal appropriateness or adequacy and T2 shall be solely responsible for its implementation thereof.
