Marketing Funds. Sprint has the right (subject to the satisfaction of the conditions set forth in the relevant agreements) to have expended on its behalf approximately $250 million of market development and device incentive funds (“Marketing Funds”) by one or more vendors under supply agreements relating to the Sprint WiMAX Business. Subject to the terms of, and performance by Sprint of its obligations under the relevant agreements (x) to be performed prior to the Closing and (y) which relate to or impact the availability of any of the Marketing Funds, Sprint will have the right to retain up to $100 million of the Marketing Funds for its own benefit and not to assign those rights to the Transfer Entities. If the vendor or vendors providing the Marketing Funds to be allocated to Sprint are unwilling to allow Sprint to retain such Marketing Funds or allocate the full $100 million of Marketing Funds for Sprint’s own benefit prior to the end of 2009, NewCo will direct such additional spending of the Marketing Funds as directed by Sprint for the benefit of Sprint prior to December 31, 2009, so that Sprint receives the full $100 million benefit prior to that date. Such direction will be made by NewCo as and when the vendors have committed to expend any Marketing Funds after the Closing pursuant to supply agreements entered into by Sprint and its Subsidiaries prior to the Closing. Sprint and NewCo will discuss and cooperate with respect to the use of such Marketing Funds for Sprint’s benefit. If prior to the Closing, Sprint takes any actions to amend the Marketing Funds provisions of the relevant agreements or otherwise takes or fails to take any actions that adversely affect NewCo’s rights to the Marketing Funds (other than the $100 million of the Marketing Funds to be retained by Sprint pursuant to this Section 3.5), NewCo shall be entitled to seek monetary damages against Sprint to compensate NewCo for the loss of such Marketing Funds. NewCo will not take any actions to amend the Marketing Funds provisions of the relevant agreements or otherwise adversely affect such Marketing Funds to be allocated to Sprint until its obligations to Sprint under this Section 3.5 have been satisfied in full.
Marketing Funds. Ingram and Xxx.xxx agree to the terms of the Marketing Agreement incorporated herein as Exhibit B.
Marketing Funds. 13.1.1 If the Franchised Business is located in California or if the Franchised Business is located outside of California and Franchisor elects to establish other regional or a national Marketing Fund in the market area of the Franchised Business following the Effective Date, Franchisee shall make a Monthly Marketing Fund Contribution to the Marketing Fund each calendar month in the amount designated and required by Franchisor from time to time, which is currently $1,200 per calendar month for California franchisees and which shall not exceed $2,000 per calendar month for any Fiesta franchisee.
13.1.2 If Franchisee is a new Fiesta franchisee, Franchisee shall be entitled to a one‐time discount in the amount of Franchisee’s Monthly Marketing Fund Contribution for one year after the opening date of the Franchised Business, payable as follows: Months 1 – 6 No Monthly Marketing Fund Contribution Months 7 – 12 50% of Monthly Marketing Fund Contribution Months 13+ 100% of Monthly Marketing Fund Contribution
13.1.3 The discount of the Monthly Marketing Fund Contribution shall not be available to existing Fiesta franchisees who sign Renewal Franchise Agreements or otherwise renew their Franchise Agreements or to buyers of Franchised Businesses from existing Fiesta franchisees. The discount of the Monthly Marketing Fund Contribution shall not apply to the Monthly Platform Access Fund Contribution.
13.1.4 Following the Effective Date, Franchisee shall make a Monthly Platform Access Fund Contribution on the tenth (10th) day of each calendar month in the amount designated and required by Franchisor from time to time, which is currently $200 per calendar month, and which shall not exceed $500 per calendar month for any Fiesta franchisee.
13.1.5 The Marketing Fund and the Platform Access Fund (collectively, the “Marketing Funds”) shall be administered by Franchisor. The Marketing Funds shall be 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) which we deem beneficial to the System. Franchisor is authorized to charge the Marketing Funds fees at reasonable market rates for advertising, marketing or promotional services actually provided by Franchisor, in lieu of engaging third party agencies to provide these services. Franchisor may employ individuals, consultants or advertising or other a...
Marketing Funds. Ingram will pass through to XLS on a dollar-for-dollar basis any co- op, rebate or marketing funds which it receives from Vendors which have been designated for XLS's use.
Marketing Funds. LVG will pass through, in the form of a credit memo, [***] provided by --- vendors for BuyGolf provided BuyGolf provides LVG with the necessary contract authorizing LVG to deduct the funds from the vendor. BuyGolf will provide marketing claims or invoice to LVG within [***] of activity along --- with a copy of the proof of performance if applicable.
Marketing Funds. Each Semester, MS may allow COMPANY to participate in programs which provide the opportunity to earn marketing funds. COMPANY's participation in such programs shall be governed by COMPANY's then current Microsoft Rebate and Marketing Fund Offer Letter, and Microsoft's Marketing Fund Guidelines, as such may be promulgated and modified by MS, in its sole discretion, from time to time.
Marketing Funds. 4, Marketing Fund Reimbursement Policy, is deleted in its entirety. The Addendum is amended to include the following as Section 7:
Marketing Funds. Siebel agrees that it will secure a marketing budget matching the amount secured by Distributor during Year One of the License Term up to a maximum of (*). It is understood and agreed that of such amount, (*) will be specifically dedicated to generating potential opportunities for resale of the Licensed Software pursuant to this Agreement and (*) will be generally dedicated to further the parties' relationship as contemplated by this Agreement.
Marketing Funds. Advertising and marketing funds collected by Seller prior to closing, net of closing expenses not assumed by Buyer, will be credited against the Purchase Price.
Marketing Funds. Each Semester, MS may allow COMPANY to participate in programs which provide the opportunity to earn marketing funds. COMPANY's participation in such programs shall be governed by COMPANY's then current Microsoft Rebate and Marketing Fund Addendum to this Agreement or other Rebate and Marketing Fund Agreement, and Microsoft's Marketing Fund Guidelines, as such may be promulgated and modified by MS, in its sole discretion, from time to time.
