Marketing Fund. County has established a marketing fund for the Airport to conduct sales promotions, Airport-wide advertising, and related activities intended to promote the Airport and its tenants. Commencing January 1 of each calendar year, TENANT shall be required to make an annual marketing fund payment in the amount of ten thousand dollars ($10,000.00). XXXXXX agrees to pay this amount on or before January I of each year. All monies received by the Airport for the marketing fund shall be used solely for the purpose of Airport tenants' promotions and directly related expenses. In the event any year of the LEASE contains less than 12 months, TENANT shall pay a pro-rata portion of the annual amount corresponding to the number of months remaining in that calendar year. For example, if the LEASE commences on November 1, TENANT shall pay the monthly pro-rata portion ($833.33 per month) of the annual marketing fund amount for November and December (totaling $1,666.66). Then, commencing on January 1, TENANT shall make the full annual marketing fund payment of $10,000.00. Should the LEASE expire on September 15, TENANT shall pay a pro-rata portion of the annual amount for the months of January through September.
Marketing Fund. (a) We have created a special fund called the "Healthy Bites Grill Marketing Fund" (the "Marketing Fund"), into which the Advertising Contributions are deposited for the general benefit of all Franchise Units and Company Units who contribute to the Marketing Fund.
(b) We administer the Marketing Fund. The Marketing Fund is maintained and operated by us and used to meet the costs of conducting regional and/or national advertising and promotional activities (including the cost of advertising campaigns, test marketing, marketing surveys, public relations activities and marketing materials) we deem beneficial to the System. We are authorized to charge the Marketing Fund fees at reasonable market rates for advertising, marketing or promotional services actually provided by us, in lieu of engaging third party agencies to provide these services. We will use none of the funds to offer to sell, or sell, Healthy Bites Grill Franchises to prospective franchisees.
(c) All expenditures are at our sole discretion. We may spend in any calendar year more or less than the total Advertising Contributions to the Marketing Fund in that year. We may borrow from us or other lenders on behalf of the Marketing Fund to cover deficits of the Marketing Fund or cause the Marketing Fund to invest any surplus for future use by the Marketing Fund.
(d) You authorize us to act as your sole agent to enter into contracts with parties offering promotion, discount or other programs whereby you would receive rebates or marketing allowances ("Rebates") from handling items offered for sale by the parties. All Rebates will be paid to us and we will contribute them to the Marketing Fund. By signing this Agreement, you assign all of your right, title and interest in all Rebates to us, and authorize us to furnish any proof of purchase evidence as may be required in accordance with the contracts. All Rebates received by us from our Company-Units will also be contributed to the Marketing Fund.
(e) We will retain our independent certified public accountants to prepare an annual audit of the Marketing Fund, at the expense of the Marketing Fund, and send a copy of the audit to you and all other Franchisees within 90 days after the end of each fiscal year.
Marketing Fund. Bank will establish and administer the Marketing Fund in accordance with the provisions set forth on Schedule 6.2 hereto.
Marketing Fund. Tenant shall pay to Landlord the sum which is set forth in the Lease Agreement to which this is an Exhibit as its contribution to the Marketing Fund. Such payment shall be deemed to be additional rental and shall be paid in advance on the first day of each and every calendar month during the term and, at Landlord's request, shall be paid separately from any other payments due under this Lease. Such amount, or such greater amount voted on by a majority of tenants in the Shopping Center, shall be paid to Landlord to be utilized toward the expense of advertising and for promotional activities. Funds so paid by Tenant shall be expanded for said activities by or under the direction of Landlord, or by such person, firm or corporation in whom or to which Landlord may delegate such authority. The mall manager and other mall personnel employed by Landlord may be designated by Landlord to be the promotional director or to otherwise perform such services. In the event any employees of the Landlord perform promotion work, Landlord shall deduct from the Marketing Fund the reasonable cost and expense thereof. The amounts payable under this subparagraph shall be adjusted on January 1 of each calender year of the term from and after January 1 of the year following the Commencement Date and annually thereafter during the term of this lease and any extension or renewal thereof by a percentage equal to [***]. All items (19X2-KR=100), published by the Bureau of Labor Statistics of the United States Department of Labor ("CPI") on the date closest to the date hereinbefore designated for such adjustment over the base CPI figure published for the month in which the Commencement Date occurs. If, from time to time during the term of this Lease and any extension or renewal thereof, the United States Department of Labor, Bureau of Labor Statistics ceases to maintain said CPI, such other index or standards as will most nearly accomplish the aim and purpose of said CPI as reasonably determined by Landlord shall be used in determining the amount of any such adjustment. In the event Landlord is required to contribute to the Marketing Fund, such contribution may be satisfied in whole or in part by contribution of 1(l) a Promotional Director, Promotional or Advertising Coordinator or Shopping Center or Mall Manager.
Marketing Fund. 1. Bank will establish (by creation of a record maintained by Bank) and administer a marketing fund (“Marketing Fund”) to be used to execute marketing activities pursuant to the Marketing Plan, including [***], as defined below, or other activities as approved by the Operating Committee.
2. During the Term of this Agreement, [***], Bank shall allocate [***].
3. Bank will be the exclusive owner of the Marketing Fund, and Retailer acknowledges and agrees that it will have no right, title or interest in or to the Marketing Fund except to enforce the terms of this Agreement relating to the use of such funds. Any amounts previously allocated to the Marketing Fund but not spent as of the end of any Program Year shall carry forward as part of the Marketing Fund for the subsequent Program Year(s). Any amounts previously allocated to the Marketing Fund but not used as of the date when this Agreement expires or terminates, may be withdrawn and retained by Bank for its own account without obligation to account therefor to Retailer. For clarity, any amounts allocated to the “Marketing Fund” established under the Prior Agreement shall be allocated to the Marketing Fund created hereunder.
4. The out-of-pocket cost and expenses, as set forth in Schedule 6.2(e) to the Agreement, of all marketing promotions provided for in the Marketing Plan will be reimbursed out of any then available funds in the Marketing Fund as determined by the Operating Committee. Neither party shall have any obligation to pay more for any marketing promotion than the amount allocated at such time to the Marketing Fund; provided, that the parties may mutually agree to share or otherwise allocate the out-of-pocket costs of implementing any marketing promotion (whether or not set forth in the Marketing Plan) to the extent the out-of-pocket cost of such marketing promotion is expected to exceed the funds then available in the Marketing Fund.
5. In developing and adopting the Marketing Plan and determining expenditures to be made from the Marketing Fund, the Operating Committee shall plan expenditures taking into account that Retailer’s fiscal year begins in February and that sufficient funds must be allocated for the holiday shopping season.
Marketing Fund. During the Term, Bank and Zale shall create a marketing fund available in order to market the Card Program (the “Marketing Fund”).
(i) Beginning on October 1, 2011 and on each October 1 thereafter during the Term, Bank and Zale shall commit to accrue [redacted] basis points of Net Card Sales from the prior year, for the purposes of this Section 5.2(e), such year to commence on the October 1 and end on September 30.
(ii) Bank shall commit to accrue the amounts set forth on Schedule 5.2(e)(ii) during the time periods set forth on such schedule.
(iii) The expenditure of the Marketing Fund shall be for the marketing of the Card Program through new initiatives that are above and beyond the typical, expected level of program promotional efforts engaged in by the parties under the terms of the Original Agreement including without limitation, the following:
(A) 10% off offers tied to the card;
(B) employee incentive programs tied to the card;
(C) additional offerings of longer term promotions (18 month no interest for example) at a reduced MDR;
(D) current purchases that include discount offers for future purchases tied to the card;
(E) gift with purchase programs tied to the card;
(F) additional merchandise discounts for Card Sales;
(G) re-issue;
(H) sweepstakes; and
(I) and any other materials and expenses promoting the Card Program Prior to the expenditure of any amount from the Marketing Fund, such planned expenditure shall be approved in writing by Bank and Zale. Bank and Zale agree to work together to develop and execute marketing efforts to promote the Card Program and as programs are executed Bank and Zale each party hereto shall agree to an allocation of the funding of the expenses incurred for said approved programs from the Marketing Fund. Bank and Zale shall use their respective commercially reasonable efforts to spend the full amount committed to the Marketing Fund each year. If after such commercially reasonable efforts to spend the committed amounts, there remain unspent amounts, any unspent amounts in the Marketing Fund shall be considered not to be spent and neither Bank nor Zale will be required to spend those amounts. Upon termination of the Agreement for any reason, neither party shall be obligated to expend directly any portion of the Marketing Fund that is then not expended.
Marketing Fund. Tenant shall pay to Landlord the sum of [***] in advance on the first day of each and every calendar month, or the amount voted on by a majority of the tenants in the Shopping Center, whichever is greater, toward the expense of advertising and for promotional activities. Landlord shall, annually, make a contribution to the Marketing Fund in an amount equal to the amount contributed by the tenants in the Shopping Center.
Marketing Fund. Papa John’s Marketing Fund, Inc., a Kentucky nonstock, nonprofit corporation (the “Marketing Fund”), has been organized for the purposes set forth in the Articles of Incorporation and By-Laws of the Marketing Fund, as they may be amended from time to time (the “Bylaws”). You automatically become a non-voting member of the Marketing Fund upon the execution of this Agreement. Before opening the Restaurant you must execute and deliver to the Marketing Fund an Advertising Agreement in the form prescribed by the Board. The Marketing Fund is governed by the Board, which is established in accordance with the Bylaws and which, as of the date of this Agreement, consists of four directors, two appointed by us and two chosen by the franchisee-elected members of the FAC (as defined in Section 25.(l)). Each director has one vote, provided that we have the tie-breaker vote, except as may be otherwise provided in the Bylaws.
(i) The Marketing Fund is intended to increase recognition of the Marks and to further the public image and acceptance of the System. We, the Marketing Fund and the directors of the Marketing Fund do not undertake any obligation to ensure that expenditures by the Marketing Fund in or affecting any geographic area are proportionate or equivalent to contributions to the Marketing Fund by Papa John’s restaurants operating in such geographic area or that you or the Restaurant will benefit directly or in proportion to your contribution to the Marketing Fund. We (including our officers, directors, agents and employees) are not a fiduciary or trustee of the contributions to, or the assets of, the Marketing Fund. We, the Marketing Fund and our respective officers, directors, agents and employees will not be liable to you with respect to the maintenance, direction or administration of the Marketing Fund, including with respect to contributions, expenditures, investments and borrowings, except for acts constituting willful misconduct.
(ii) We and our Affiliates will make contributions to the Marketing Fund for each Papa John’s restaurant that we own on the same basis as required of comparable franchisees within the System.
(iii) As long as you are in compliance with the Advertising Agreement and the Articles and By-Laws of the Marketing Fund, you will be furnished with advertising materials produced by or for the Marketing Fund for System-wide distribution, on the same terms and conditions as such materials are furnished to other franchisees.
(iv) You must mak...
Marketing Fund. 28 SECTION 7.6
Marketing Fund. Within six (6) months after the Effective Date of the Agreement, Corio and Commerce One each would contribute to a marketing fund to be jointly managed by the parties to promote the sale and marketing of the Corio Services, the Software and the MarkxxXxxx.xxx Services.
