Marketing of the Products. 7.1. Channel Partner shall use its best efforts (i) to promote the sale of the Products and/or Services throughout the Territory and (ii) subject to compliance by RITTAL with its obligations under Section 4.1. of this Agreement, to satisfy market demand for such Products and/or Services. Channel Partner shall take reasonable measures to safeguard the interests of RITTAL as set forth in this Agreement. Channel Partner shall prominently advertise that it is either a RITTAL Certified Partner or RITTAL Premium Partner, whatever the case may be, or advertise such other designation as agreed to by the Parties. Subject to the review and approval of RITTAL, Channel Partner hereby agrees to display the appropriate RITTAL partner logo on its website for marketing purposes.
7.2. In connection with the promotion and marketing of the Products and/or Services, the Channel Partner shall, at its own cost:
(i) make clear, in all dealings with customers and prospective customers, that it is acting as an independent provider of the Products or Services, and is not acting as an agent or representative of RITTAL;
(ii) comply with any and all federal, state, and local statutes, rules, regulations, and ordinances relating to the advertisement, storage, delivery, sale, export, and installation of the Products or Services;
(iii) provide to RITTAL, for prior formal written approval, draft copies of all sales or marketing materials, including press releases press invitations, catalogues, brochures, pamphlets, or manuals, used by the Channel Partner which otherwise include or relate to the Products or Services;
(iv) reasonably participate in all RITTAL-related branding, promotions, and/or campaigns related to the Products or Services;
(v) maintain an active and suitably trained sales force and ensure that such sales force is continually trained with current technological developments relevant to the Products or Services;
(vi) to the extent such service(s) are detailed in Schedule 2 relating to the Products and/or Services, provide an adequate after-sales service for customers in relation to the Products, including training and customer service;
(vii) forward to RITTAL any customer warranty and service requests relating to the Products and/or Services as soon as received;
(viii) seek prior written approval from RITTAL (with such approval not to be unreasonably withheld) in relation to any online content, including websites and promotional material, which relates to the Products or Ser...
Marketing of the Products. Subject to the terms of this Agreement, Licensee shall exert its best efforts to promote the sale of the ELL services contemplated by Section 3 of Exhibit A attached hereto pursuant to the rights granted in this Agreement and to develop and maintain a market demand for the same. In this regard Licensee will deliver to Licensor a detailed annual marketing plan for the Customized Products within the Territory.
Marketing of the Products. 3.1 Windsong shall use its best efforts to exploit the rights herein granted, maximize sales and obtain as broad a distribution of the Products in the Territory as is reasonably possible consistent with the Company's high prestige and the maintenance of the Company's good will; provided, however, that none of the Products sold hereunder shall be sold to accounts which are not approved by the Company. Windsong shall provide the Company with a complete account list on an annual basis. Windsong acknowledges that the Products sold hereunder shall be sold in a manner so not to injure or in any manner diminish the substantial good will and prestige associated with items sold under the Trademark or that would otherwise injure the prestige and good will of the Company or the Trademark.
3.2 Windsong shall be responsible for the sale of the Products through its sales force and, unless otherwise specifically provided for herein, for all matters relating to such sales, including without limitation, credit determination, billing and shipping.
3.3 Windsong shall establish, maintain and operate a full time showroom for the display of the Products in New York, NY. In addition, Windsong shall display Products semi-annually at the Magic Trade Show in Las Vegas, Nevada. All matters involving the display shall have the prior written approval of the Company.
3.4 Windsong shall cause appropriate copyright, trademark, service xxxx or other notice desired by the Company relative to the Trademark to appear on or with all labels, cartons, containers, packing or wrapping material, advertising, art work, designs, promotional or display material bearing the Trademark. Copies of each and every tag, label, imprint, or other device containing any such notice, trademark or otherwise relating to the Products and all advertising, art work, designs, packaging, promotional, display or publicity material bearing the Trademark including press releases, annual reports and promotional brochures (with respect to material pertaining to the Company or Trademark only) and promotional brochures shall be submitted by Windsong to the Company for its written approval prior to use by Windsong, which approval or rejection shall be given within five (5) working days of receipt thereof. Failure to respond within such time shall be deemed approval. None of such material shall bear the name of any other firm or person, except that certain advertising may bear the name of retail establishments with which Windso...
Marketing of the Products. Distributor shall use commercially reasonable efforts to promote the sale of the Products in the Territory and Channel. Distributor shall undertake channel marketing of the Products throughout the Territory, consistent with industry standards. Distributor shall maintain a commercially reasonable sales organization which can be best utilized for the promotion of the sales of the Products.
Marketing of the Products. 6.1 HCB shall use its best efforts to promote the sale of the Products throughout the Territory.
6.2 In connection with the promotion and marketing of the Products, HCB shall; 6.
2.1 advertise and promote the Products in the Territory, at its expense, spending no less than seven and a half percent (7.5%) of its annual net sales on various means of advertising and promotion; and
Marketing of the Products. A. The Distributor shall use its best endeavours to create, meet and expand demand in the Territory for the Products.
B. At the commencement of this Agreement, and for each Contract Year thereafter the Distributor will provide to the Company a marketing plan for the distribution of the Products within the Territory which marketing plan is to be approved in writing by the Company. The nwketing plan for each Contract Year of this Agreement other than the first Contract Year is to be, agreed upon three (3) months prior to each Anniversary Date, and will be reviewed Quarterly. The marketing plan will specify objectives and strategies with respect to the following and any related matters which are consistent with the Distributor's obligations under paragraph A.
(1) product fines and new product plans;
(2) pricing and margin structure;
(3) distribution chamels;
(4) sales and distribution targets on a product by product basis;
(5) accumulation of market data including assessment of total market size and segmentation in units and value (which will be updated on a half yearly basis);
(6) overview of trading for the current year and objectives and strategies for the following year;
(7) assessment of competition;
(8) advertising and promotional expenses; and
(9) overall advertising and promotional strategy including in particular the use and cost of promotions, public relations, sponsorship, exhibitions, point of sale and other in-store merchandising. The Company will not unreasonably withhold its approval of or agreement to any marketing plan presented by the Distributor.
C. In addition to its obligations under paragraph B the Distributor at the commencement of this Agreement and prior to each Contract Year thereafter shall supply a Business Plan fbr the remaining term of the Agreement which is to be agreed by the Company not less than three (3) months prior to the beginning of each Contract Year. The Business Plan shall be in a format reasonably specified by the Company, and will include key success factors and indicators to follow the progress in Distribution, Marketing, Brand Awareness, Customer, Service, Consumer Satisfaction and Operations. The Company and the Distributor will review progress against such plan on a Quarterly basis.
D. The Distributor shall:
(1) develop and agree with the Company as set out in paragraph B a legally supportable distribution policy for the Products;
(2) promote and enhance the reputation and the recognition and awareness of the Tr...
Marketing of the Products. Cornerstone Agrees to use commercially reasonable efforts to market, promote and sell the Products. “Commercially reasonable efforts” shall include but not be limited to: (i) Cornerstone’s continued employment of a minimum of at least thirty (30) sales detail field representatives dedicated to the sale, promotion and marketing of the Products; (ii) Cornerstone’s continuous contractual relationship with one or more co-promotion partners pursuant to which such co-promotion partners will employ at least twenty (20) sales detail field representatives dedicated to the sale, promotion and marketing of the Products; (iii)
Marketing of the Products. 6.1 The Sub-Distributor shall use its best endeavours to promote the distribution of the Products throughout the Territory and, subject to compliance by Goldenstone of its obligations under Clause 3.1, to satisfy market demand therefore.
6.2 The Sub-Distributor shall be entitled, subject as provided in this Agreement, to promote and market the Products in the Territory in such manner as it may think fit, and in particular shall be entitled to re-sell the Products to its customers at such prices as it may determine.
6.3 In connection with the promotion and marketing of the Products the Sub-Distributor shall:
6.3.1 Make clear, in all dealings with customers and prospective customers, that it is acting as distributor of the Products and not as agent of Goldenstone;
6.3.2 Comply with all legal requirements from time to time in force relating to the storage and sale of the Products;
6.3.3 Provide to Goldenstone copies of its up to date price lists;
6.3.4 From time to time consult with Goldenstone’s representatives for the purposes of assessing the state of the market in each area for which the respective Distribution Rights are granted and permit them to inspect any premises or documents used by the Sub-Distributor in connection with the distribution of the Products;
6.3.5 At the request of Goldenstone provide to it copies of such sales aids, including (without limiting the foregoing) catalogues, sales brochures and sales manuals, as relate to the Products;
6.3.6 Use in relation to the Products only such advertising, promotional and selling materials as are approved in writing by Goldenstone;
6.3.7 Maintain an active and, suitably trained sales force;
Marketing of the Products. (a) TRAVEL RETAILER shall market, advertise, promote and solicit the sale of the Products to prospective and existing Customers consistent with its best business practice.
(b) TRAVEL RETAILER shall take into consideration all reasonable directions and instructions given to it by AIRLEGIT in relation to the marketing, advertisement and promotion of the Products.
(c) TRAVEL RETAILER agrees to maintain accurate and complete records relating to the promotion and sale of the Product.
(d) TRAVEL RETAILER shall promptly notify AIRLEGIT of any complaint or adverse claim about any Product or its use of which TRAVEL RETAILER becomes aware.
Marketing of the Products. (a) AIRLEGIT shall provide any information and support that may be requested by TRAVEL RETAILER regarding the marketing, advertising, promotion and sale of Products under this Agreement.
(b) AIRLEGIT shall approve or reject any promotional information or material submitted by TRAVEL RETAILER for AIRLEGIT’s approval within five (5) business days of receipt of such promotional material.
(c) If AIRLEGIT’s rejects any promotional information or material submitted by TRAVEL RETAILER, the rejection shall be justified and explained, and TRAVEL RETAILER shall be given five (5) business days to reflect AIRLEGIT’s comments
(d) If AIRLEGIT doesn’t approve or reject the promotional information or material submitted by TRAVEL RETAILER within five (5) business days of receipt, the submitted material shall be deemed accepted.
