MARKETING GRANT. Client grants Smarsh the limited right to disclose that Client is a customer of Smarsh.
MARKETING GRANT. Licensee will market and sell the product through its independent sales representatives (the “Marketing Grant”). As further consideration for the Marketing Grant, the Licensee shall issue and deliver to the Licensor, on the date hereof, a promissory note in the principal amount of Two Million Dollars ($2,000,000), payable three (3) years from the date of issuance.
MARKETING GRANT. 2.1. BTI hereby grants to BSD the exclusive right to promote, market, and offer to sell and distribute the Product in the Field in the Territory, and BSD hereby accepts from BTI the exclusive right to promote, market and offer to sell in the Field in the Territory and agrees to act in that capacity, upon and subject to all terms and conditions set forth in this Agreement. BTI shall not, directly or indirectly, sell Product in the Field in the Territory except to buyers identified to it by BSD and subject to the terms and conditions of this Agreement. The Steering Committee shall have the authority to set list pricing for Product for each customer or geographic market provided:
(a) Initially the direct to consumer pricing for “SUGARDOWN®” trademarked product in tablet form through Website sales shall be $39.99 per Unit plus reasonable shipping and handling;
(b) Such initial pricing as provided in 2.1(a) shall be subject to change to such price as determined by the Steering Committee (as described in Section 4 below) in its judgment to be best suited for the circumstances of the marketplace and in light of costs of production and other relevant factors.
(c) BSD shall be the exclusive operator of the Website or Websites (the “Website”) providing technical information, marketing and sales materials and direct sales to the trade, commercial users and to consumers and utilizing the “SUGARDOWN” trademark. BTI shall own the Website and the domain.
2.2. Subject to the terms of this Agreement, the rights provided to BSD under Section 2.1 above shall be an exclusive, paid-up license under the BTI Patents and Trademarks to promote, market, and offer to sell and distribute the Product in the Field in the Territory.
(a) BSD acknowledges and agrees that the rights granted pursuant to this Agreement are limited to the Field and the Territory and confer no rights upon BSD with respect to the promotion, marketing, offers to sell and sale and distribute of the Product outside the Field and outside the Territory, and nothing in this Agreement shall restrict BTI from selling Product to any other Third Party and outside the Territory or Field.
MARKETING GRANT. 2.1 ADS hereby appoints and grants to Parkway a non-exclusive license and right to market, sell and promote the system throughout the United States. Parkway does hereby accept such appointment and grant on the terms and conditions as herein set forth and agrees to use its best efforts in performing its marketing services.
2.2 ADS agrees that the system being marketed by Parkway meets or exceeds the functional standards of the current production release of the system, or a release containing already agreed upon and planned functional modifications. It shall be the duty of Parkway to obtain a current functional specification of the system prior to making any representations to a prospective licensee.
2.3 Parkway acknowledges and agrees that ADS is the sole and exclusive owner of any and all rights, title, and interest in and to the system including any copyright and that all components and services licensed, marketed or sold by Parkway shall dearly identify ADS as the owner and licensor of the system.
2.4 Parkway acknowledges that ADS will work directly with all prospective clients interested in licensing the system, with neither party having any obligation to Parkway beyond the fees specified in Exhibit B of this agreement. ADS's interaction with the client will be necessary to fulfill the service offerings of ADS as described in Exhibit A of this agreement
MARKETING GRANT. Subject to the terms and conditions of this Agreement, Licensors hereby further grant to Licensee the perpetual, exclusive right and license, under all intellectual properly and other ownership rights applicable to the Technology and/or the Products, to display and market the Products to the end users of said Products (the "Marketing Grant"). This exclusive grant is to be worldwide in geographic scope. Licensee will market and sell the product in the manner it, in its sole discretion, deems most appropriate. As the Product is sold, Licensee will buy the Product from Licensors. Licensors will provide Licensee with information showing the current pricing of the Products as advertised by their company to other customers, updated as said pricing changes from time to time, and will charge Licensee 70% of the listed price for the Products on volume purchases. Licensors agree that, when they learn of interest that any potential customer has expressed in the Products, the Licensors will immediately advise Licensee of the potential customer's identity, the nature of the customer's interest, the amount of the potential contract price and the basis for determining that contract price. Licensee will then have ten (10) days from the date of notice to determine whether, in its sole discretion, it desires to market and sell the Products to the potential customer. If Licensee does so desire, Licensee will proceed with the marketing of the Product, with Licensors providing reasonable assistance to Licensee in completing the sale. If Licensee does not so desire. Licensee will provide Licensors with written notice of its refusal to market and sell the product to the potential customer, and Licensors will then be free to engage other service providers to market and sell the Product to that potential customer.
