Marketing Expenditures Sample Clauses
The Marketing Expenditures clause defines how costs related to marketing activities will be managed and allocated between the parties involved in an agreement. Typically, it outlines which party is responsible for funding specific marketing initiatives, sets spending limits or budgets, and may require prior approval for certain expenses. This clause ensures transparency and control over marketing-related spending, helping to prevent disputes and maintain alignment on promotional strategies.
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Marketing Expenditures. Promptly following the date of this Agreement, the Company shall (i) retain an advertising agency reasonably acceptable to the Company and the Purchaser (the "Agency") for advertising and marketing services on terms reasonably acceptable to Purchaser, and (ii) commit to spend at least $56,000 for advertising and marketing services to be provided by the Agency; provided, however, that, notwithstanding anything to the contrary contained in this Agreement, such amount shall be considered expensed for purposes of calculation of the Working Capital Adjustment without regard to GAAP, and (iii) provide and pay for ongoing pre-Closing advertising and marketing expenditures in a commercially reasonable fashion based upon the recommendations of the Agency and the review and approval by the Key Managers and Purchaser; provided, however, that notwithstanding anything to the contrary set forth in this Agreement, the amount of such expenditures shall be treated in accordance with GAAP for purposes of the Working Capital Adjustment.
Marketing Expenditures. The V.P. of marketing has sign-off authority on ---------------------- any marketing expenditures that fall within quarterly budgets outlined above.
Marketing Expenditures a. FRANCHISEE shall allocate, for expenditures for marketing purposes, six percent of FRANCHISEE's total monthly Gross Receipts ("Marketing Allocation"), to be thereafter used for advertising and marketing the Franchised Business in a manner set forth in this Section 10.3.
b. FRANCHISEE shall remit to GREASE MONKEY a marketing materials fee ("Marketing Materials Fee") of up to one-sixth of the total Marketing Allocation (one percent of Gross Receipts). The Marketing Materials Fee may be changed from time to time by GREASE MONKEY, upon 30 days prior written notice to FRANCHISEE, except that the Marketing Materials Fee will in no event exceed one sixth of the total Marketing Allocation (one percent of Gross Receipts). The Marketing Materials Fee is payable concurrently with the payment of the Royalty, within 10 days following the end of the month, based on the amount of Gross Receipts of the previous month. The Marketing Materials Fee shall be deposited in a separate bank account, commercial account or savings account ("Account"). Upon request, GREASE MONKEY shall make available to FRANCHISEE an annual financial report for the Account which indicates how the Account has been spent. The Account will be administered by GREASE MONKEY, in its sole discretion. GREASE MONKEY may reimburse itself for independent audits, reasonable accounting, bookkeeping, reporting and legal expenses, taxes and any and all other reasonable direct or indirect expenses as may be incurred by GREASE MONKEY or its authorized representatives in connection with the programs funded by the Account.
c. FRANCHISEE shall retain for regional or local advertising purposes the remaining portion of the total Marketing Allocation to a marketing fund administered by FRANCHISEE, which shall be used for regional and/or local advertising. FRANCHISEE shall prepare and submit to GREASE MONKEY a report accounting for and evidencing the use of these funds for advertising. The report shall be submitted to GREASE MONKEY concurrently with the remittance of the Marketing Materials Fee and the Royalty to GREASE MONKEY.
d. GREASE MONKEY reserves the right, upon 30 days prior written notice to FRANCHISEE, to collect all or any part of the remaining Marketing Allocation (five percent of Gross Receipts) to be used for regional advertising or paid into a regional advertising fund and no longer retained by FRANCHISEE. GREASE MONKEY shall not exercise this right, however, until such time as GREASE MONKEY determines, i...
Marketing Expenditures. During the one year period following the Launch Date, Company agrees to expend up to $10,000 on marketing and promotion of the Stockwalk Services; provided however, that the $10,000 required marketing amount shall be reduced by $1 for each Customer that has registered to use the Stockwalk Services as of one year following the Launch Date.
Marketing Expenditures. For three years following the first commercial sale of the Product in the Territory, Distributor shall invest and spend at least $1,000,000 in Marketing Expenses on the Product in the Territory. Distributor shall draft a “Sales and Marketing Expenditure Plan” to be submitted to Ampio for its review and comment not later than three (3) months prior to the planned commercial launch of the Product in the Territory. Thereafter, Distributor shall prepare annual updates to the Sales and Marketing Expenditure Plan for each calendar year before September 15 of the prior year. Each draft of the Sales and Marketing Expenditure Plans shall be reviewed by the Steering Committee, and Distributor shall in good faith take into account any comments from the Steering Committee in connection with the finalization of each Sales and Marketing Expenditure Plan. Following the receipt of comments, if any, from the Steering Committee, Distributor shall finalize the Sales and Marketing Expenditure Plan with the terms and expenditures, including (i) a budget for aggregate annual sales and marketing expenditures (the “Budget”) and (ii) the targeted number of sales calls to physicians, determined appropriate by Distributor in its sole discretion (“Target Sales Calls”). Distributor shall submit each such final Sales and Marketing Expenditure Plan to the Steering Committee for its official records retention (which, in the case of annual updates, shall be submitted not later than November 15 of the prior year); provided, however that Distributor may amend and revise any such final Sales and Marketing Expenditure Plan to reflect any material change in condition not reasonably within the control of Distributor (including, but not limited to, Product safety issues, recalls, changes in regulatory requirements, interruption of supply and backorders). Upon written request from Ampio, Distributor shall affirm to Ampio its compliance with the foregoing minimum marketing expenditures and sales calls. If, however, Distributor fails to spend the minimum Budget amount or conduct such minimum Target Sales Calls, and Distributor further fails to cure such deficiencies within the first six (6) months of the following period, Ampio may elect to convert the appointment in Section 1.1. of this Agreement to non-exclusive in the Territory by providing written notice to Distributor.
Marketing Expenditures. Agent and Owner agree to determine each party’s responsibility for marketing expenses prior to the time said expenses are to be incurred.
Marketing Expenditures. Unless the parties otherwise agree in writing, each party shall pay and be solely responsible for its respective marketing expenditures incurred in connection with the promotion of the Instrument Express Program and PCMS Services, including the payment of sales bonuses and commissions associated with the Customer Agreements and the revenue provided under them.
Marketing Expenditures. The Percentage Rent set forth herein, reflects a reduction to account for Lessor’s agreement herein to fund 10% of the total revenues received by Lessee from Post-Closing Deposits of the Human Banking Business during the Leaseback Period for marketing purposes, including, but not limited to, hiring persons focused on marketing, promotion and/or sales (“Marketing Expenditures”). During each year of the Term, Lessee shall spend the Marketing Expenditures, and Lessor and Lessee shall agree on the allocation of the Marketing Expenditures prior to any such expenditure being undertaken. For avoidance of doubt, Percentage Rent has already been reduced for the purpose of funding Marketing Expenditures, and no further reductions to the Percentage Rent or payments by Lessor are required.