Common use of Marketing Plan Clause in Contracts

Marketing Plan. (a) Following the date hereof NMG, in consultation with Bank, shall develop a proposed Marketing Plan for the first Fiscal Year. Within thirty (30) days after the Effective Date, the Management Committee shall approve such Marketing Plan for the first Fiscal Year. For each Fiscal Year following the first Fiscal Year, the NMG Companies shall develop, in consultation with Bank, and on or before ninetieth (90th) day prior to the commencement of such Fiscal Year, the Marketing Committee shall approve a Marketing Plan for such Fiscal Year. (b) At least once per calendar year, the Management Committee shall consider (to the extent such terms and conditions are publicly known or otherwise known and not subject to any confidentiality obligations on the part of either Party) features, terms, conditions and other aspects of other Comparable Partner Programs and Competing Partner Programs in order to identify marketplace developments for possible inclusion in the Program to ensure that the Program remains Competitive. If the Management Committee determines that a change to the Program may be required, Bank shall develop a plan with respect to implementation of such change, including the impact the proposed change would have, if any, on the revenue share, and shall present such plan to the Management Committee for its review and decision. The Management Committee shall decide whether to test or launch any such Program changes for Cardholders or potential Cardholders. (c) Each Marketing Plan shall outline, for each NMG Channel, all programs, to the extent established and mutually agreed upon by the NMG Companies and Bank, and shall include at least the following information for each program: (i) description of offer(s), cost per unit, expected response rate and other performance projections with respect thereto; (ii) description of target audience; (iii) planned budget, specifying Bank’s share and the NMG Companies’ share, if any; (iv) distribution among the NMG Channels and types of Accounts; and (v) target implementation date (e.g., mailing dates, calling dates, delivery dates). (d) Each Marketing Plan shall address development of Solicitation Materials and Account Documentation; new Account acquisition strategies, including direct mailing; preparation of unique collateral materials for the NMG Companies’ employees; activation, retention and usage; statement design and messaging; advertising of the Program; and such other marketing matters as the Parties shall agree to. (e) Each Marketing Plan shall specify which Party is responsible for each Marketing Plan item and shall contain a budget specifying the Parties’ financial responsibilities during the applicable Fiscal Year. (f) Any Marketing Plan may be modified or supplemented by the Parties from time to time upon mutual agreement, provided such modifications or supplements, as the case may be, are approved by the Management Committee. (g) To the extent practicable, all significant marketing initiatives developed under this Agreement shall contain unique marketing source codes to facilitate post-marketing research and analysis.

Marketing Plan. (a) Following Promptly following the date hereof NMG, in consultation with Bank, shall develop a proposed Marketing Plan for the first Fiscal Year. Within thirty (30) days after the Effective Datehereof, the Management Committee shall approve such Marketing Plan for the first Fiscal Year. For each Fiscal Year following the first Fiscal Year, the NMG Companies Bank shall develop, in consultation with Bankthe Company’s Manager (and such other individuals designated by the Company) and the Marketing Committee, and the Parties shall mutually approve a marketing plan for the period from the Effective Date through the end of the first Fiscal Year of the Program, which shall be the “Marketing Plan” for the first Fiscal Year of the Program. For each Fiscal Year thereafter, the Bank shall develop, in consultation with the Company’s Manager (and such other individuals designated by the Company) and the Marketing Committee, and the Parties shall mutually approve a Marketing Plan. The Parties shall use all commercially reasonable efforts to cooperate in order to cause the Marketing Plan to be mutually approved on or before the ninetieth (90th) day prior to the commencement end of such the Fiscal Year, Year prior to the Fiscal Year covered by the Marketing Committee shall approve a Plan, and such proposed Marketing Plan so approved shall be the “Marketing Plan” for such the Fiscal YearYear covered thereby. (b) At least once per calendar year, the Management Committee shall consider (to the extent such terms and conditions are publicly known or otherwise known and not subject to any confidentiality obligations on the part of either Party) features, terms, conditions and other aspects of other Comparable Partner Programs and Competing Partner Programs in order to identify marketplace developments for possible inclusion in the Program to ensure that the Program remains Competitive. If the Management Committee determines that a change to the Program may be required, Bank shall develop a plan with respect to implementation of such change, including the impact the proposed change would have, if any, on the revenue share, and shall present such plan to the Management Committee for its review and decision. The Management Committee shall decide whether to test or launch any such Program changes for Cardholders or potential Cardholders. (c) Each Marketing Plan shall outline, for each NMG Company Channel, all programs, to the extent established and mutually agreed upon by the NMG Companies and Bank, and shall include at least the following information for each program: (i) description of offer(s), events(s) and promotions(s) (including the cost per unitthereof), expected response rate and other performance projections with respect thereto; (ii) description of target audience; (iii) planned budgetbudget for implementation of marketing initiatives, specifying the Bank’s share and the NMG Companies’ share, if anythe Company’s share and/or the share funded from the Joint Program Commitment; (iv) distribution among the NMG Company Channels and any other marketing channels (including Bank’s marketing channels) and types of Accounts; and; (v) target implementation date (e.g., mailing dates, calling dates, delivery dates); and (vi) measurement criteria for program performance and reporting templates to track and communicate results. (dc) Each Marketing Plan shall address development of Solicitation Materials and Account Credit Card Documentation; new Account acquisition strategies, including direct mailing; preparation of unique collateral materials for the NMG Companies’ Company’s employees; activation, retention and usage; statement design and messaging; advertising of the Program; and such other marketing matters as the Parties shall agree to. (ed) Each Marketing Plan shall specify which Party is responsible for each Marketing Plan item and shall contain a budget specifying Changes to the Parties’ financial responsibilities during the applicable Fiscal Year. (f) Any Marketing Plan may be modified or supplemented proposed by either Party and discussed by the Parties from time Marketing Committee but shall ultimately be subject to time upon mutual agreement, provided such modifications or supplements, as agreement of the case may be, are approved by the Management CommitteeParties. (ge) To the extent practicablepracticable and in accordance with Applicable Law, all significant marketing initiatives developed under this Agreement shall contain unique marketing source codes to facilitate post-marketing research and analysis.. Active.15844721.1

Marketing Plan. (a) Following As promptly as practicable after the date hereof NMGEffective Date, in consultation with Bank, Bank and Belk shall jointly develop a proposed Marketing Plan for the first Fiscal Year. Within thirty (30) days after the Effective Date, the Management Operating Committee shall approve such Marketing Plan for the first Fiscal YearYear (or such other time period as determined by the Operating Committee). For each Fiscal Year following the first Fiscal Year, the NMG Companies Bank shall develop, in consultation with BankBelk, and on or before ninetieth (90th) day prior to the commencement of such Fiscal Year, the Marketing Operating Committee shall approve a Marketing Plan for such Fiscal Year. The Operating Committee shall consider changes to the Marketing Plan as requested by either Party. (b) At least once per calendar year, the Management Committee shall consider (to the extent such terms and conditions are publicly known or otherwise known and not subject to any confidentiality obligations The Parties agree as set forth on the part of either PartySchedule 5.6(b) features, terms, conditions and other aspects of other Comparable Partner Programs and Competing Partner Programs in order to identify marketplace developments for possible inclusion in the Program to ensure that the Program remains Competitive. If the Management Committee determines that a change to the Program may be required, Bank shall develop a plan with respect to implementation of such change, including the impact the proposed change would have, if any, on the revenue share, and shall present such plan changes to the Management Committee for its review and decision. The Management Committee shall decide whether to test or launch any such Program changes for Cardholders or potential CardholdersProgram. (c) Each Marketing Plan shall outline, for each NMG Belk Channel, all programs, to the extent established and mutually agreed upon by the NMG Companies Belk and Bank, and shall include at least the following information for each program: (i) description of the promotion, offer(s), cost per unit, expected response rate rate, credit sales forecasts and other performance projections with respect thereto; (ii) description of target audience; (iii) planned budget, specifying Bank’s 's share and the NMG Companies’ Belk's share, if any; (iv) a marketing calendar that xx xxxegrated with Parent's corporate marketing calendar; (v) overall results / lift analysis for each completed marketing promotion; (vi) distribution of planned marketing initiatives among the NMG Belk Channels and types of Accounts; and (vvii) target implementation date (e.g., mailing dates, calling dates, delivery dates). (d) Each Marketing Plan shall address development of Solicitation Materials and Account Documentation; new Account acquisition strategies, including direct mailingmail; preparation of unique collateral materials for the NMG Companies’ Belk's employees; activation, retention and usage; statement design and messagingaxx xxxsaging; advertising of the Program; and such other marketing matters as the Parties shall agree to. (e) Each Marketing Plan shall specify which Party is responsible for each Marketing Plan item and shall contain a budget specifying the Parties’ ' financial responsibilities during the applicable Fiscal Year. (f) The Parties agree as set forth on Schedule 5.6(f) with respect to the Marketing Plan. (g) Any Marketing Plan may be modified or supplemented by the Parties from time to time upon mutual agreement, provided such modifications or supplements, as the case may be, are approved by the Management Operating Committee. (gh) To the extent practicable, all significant marketing initiatives developed under this Agreement shall contain unique marketing source codes to facilitate post-marketing research and analysis.

Marketing Plan. (a) Following The Parties agree to the date hereof NMG, in consultation with Bank, shall develop a proposed terms of the Fiscal Year 2012 Marketing Plan for the first Fiscal Year. Within thirty (30) days after the Effective Date, the Management Committee shall approve such Marketing Plan for the first Fiscal Yearset forth in Schedule 5.5(a). For each the portion of the Fiscal Year following 2013 during the first Fiscal Yearterm of this Agreement, the NMG Companies Pier 1 shall develop, in consultation with Bank, and on or before ninetieth not less than three (90th3) day months prior to the commencement of such Fiscal YearYear a Marketing Plan, subject to the approval of the Management Committee. Except as may be set forth in the Fiscal Year 2012 Marketing Plan, the Marketing Committee Parties acknowledge that for the remainder of the term, Pier 1 shall approve not offer a Marketing Plan for such Fiscal Yearsales coupon or other sales discount which permits a new Cardholder to receive a discount or price reduction with the first use of the Pier 1 Credit Card. (b) At least once per calendar year, the Management Committee shall consider (to the extent such terms and conditions are publicly known or otherwise known and not subject to any confidentiality obligations on the part of either Party) features, terms, conditions and other aspects of other Comparable Partner Programs and Competing Partner Programs in order to identify marketplace developments for possible inclusion in the Program to ensure that the Program remains Competitive. If the Management Committee determines that a change to the Program may be required, Bank shall develop a plan with respect to implementation of such change, including the impact the proposed change would have, if any, on the revenue share, and shall present such plan to the Management Committee for its review and decision. The Management Committee shall decide whether to test or launch any such Program changes for Cardholders or potential Cardholders. (c) Each Marketing Plan shall outline, for each NMG Pier 1 Channel, all programs, to the extent established and mutually agreed upon by the NMG Companies Pier 1 and Bank, and . Pier 1 shall include at least provide the following information for each programprogram at Bank’s request: (i) description of offer(s), cost per unit, expected response rate and other performance projections with respect thereto; (ii) description of target audience; (iii) planned budget, specifying Bank’s 's share and the NMG Companies’ Pier 1's share, if any; (iv) distribution among the NMG Pier 1 Channels and types of Accounts; and (v) target implementation date (e.g., mailing dates, calling dates, delivery dates). (dc) Each Marketing Plan shall address development of Solicitation Materials and Account Documentation; new Account acquisition strategies, including direct mailing; preparation of unique collateral materials for the NMG Companies’ Pier 1's employees; activation, retention and usage; statement design and messaging; advertising of the Program; and such other marketing matters as the Parties shall agree to. (ed) Each Marketing Plan shall specify which Party is responsible for each Marketing Plan item and shall contain a budget specifying the Parties’ ' financial responsibilities during the applicable Fiscal Year. (fe) Any Marketing Plan may be modified or supplemented by the Parties from time to time upon mutual agreement, provided such modifications or supplements, as the case may be, are approved by the Management Committee. (gf) To the extent practicable, all significant marketing initiatives developed under this Agreement shall contain unique marketing source codes to facilitate post-marketing research and analysis.

Marketing Plan. (a) Following the date hereof NMGPier 1, in consultation with Bank, shall develop a proposed Marketing Plan for (i) the period from the Closing Date to the end of Pier 1’s current Fiscal Year (the “Interim Period”), and (ii) the first full Fiscal YearYear of the Term. Within thirty twenty (3020) days after the Effective Closing Date, the Management Committee shall approve such the Marketing Plan for the Interim Period. Within ninety (90) days after the Closing Date, the Management Committee shall approve the Marketing Plan for the first Fiscal Year. For each Fiscal Year following the first Fiscal Year, the NMG Companies Pier 1 shall develop, in consultation with Bank, and on or before ninetieth sixty (90th60) day prior to days following the commencement of such Fiscal Year, the Marketing Committee shall approve Year a Marketing Plan for such Fiscal YearPlan, subject to the approval of the Management Committee. (b) At least once per calendar year, the Management Committee shall consider (to the extent such terms and conditions are publicly known or otherwise known and not subject to any confidentiality obligations on the part of either Party) features, terms, conditions and other aspects of other Comparable Partner Programs and Competing Partner Retail Programs in order to identify marketplace developments for possible inclusion in the Program to ensure that the Program remains Competitive. If the Management Committee determines that a change to the Program may be requiredappropriate, Bank shall develop a plan with respect to implementation of such change, including the impact the proposed change would have, if any, on the revenue share, and shall present such plan to the Management Committee for its review and decision. The Management Committee shall decide whether to test or launch any such Program changes for Cardholders or potential Cardholders. (c) Each Marketing Plan shall outline, for each NMG Pier 1 Channel, all programs, to the extent established and mutually agreed upon by the NMG Companies Pier 1 and Bank, and shall include at least the following information for each program: (i) description of offer(s), cost per unit, expected response rate and other performance projections with respect thereto; (ii) description of target audience; (iii) planned budget, specifying Bank’s share and the NMG Companies’ Pier 1’s share, if any; (iv) distribution among the NMG Pier 1 Channels and types of Accounts; and (v) target implementation date (e.g., mailing dates, calling dates, delivery dates). (d) Each Marketing Plan shall address development of Solicitation Materials and Account Documentation; new Account acquisition strategies, including direct mailing; preparation of unique collateral materials for the NMG Companies’ Pier 1’s employees; activation, retention and usage; statement design and messaging; advertising of the Program; and such other marketing matters as the Parties shall agree to. (e) Each Marketing Plan shall specify which Party is responsible for each Marketing Plan item and shall contain a budget specifying the Parties’ financial responsibilities during the applicable Fiscal Year. (f) Any Marketing Plan may be modified or supplemented by the Parties from time to time upon mutual agreement, provided such modifications or supplements, as the case may be, are approved by the Management Committee. (g) To the extent practicable, all significant marketing initiatives developed under this Agreement shall contain unique marketing source codes to facilitate post-marketing research and analysis.

Marketing Plan. (a) Following Promptly following the date hereof NMGhereof, in consultation with Bank, the Company and the Bank shall jointly develop a proposed Marketing Plan for the period from the Effective Date through the end of the first Fiscal YearYear of the Program. Within thirty (30) days after Such proposed Marketing Plan, with any modifications thereto approved by the Parties, shall be submitted for approval by the Operating Committee in accordance with Article III prior to the Effective Date, and the Management Committee shall approve such proposed Marketing Plan so submitted, with any modifications thereto approved by the Operating Committee pursuant to Article III, shall be the “Marketing Plan” for the first Fiscal YearYear of the Program. For each Fiscal Year following the first Fiscal Yearthereafter, the NMG Companies Company and the Bank shall developjointly develop a proposed Marketing Plan, in consultation which (together with Bank, and any modifications thereto approved by the Parties) shall be submitted for approval by the Operating Committee on or before the ninetieth (90th) day prior to the commencement end of such the Fiscal Year, Year prior to the Fiscal Year covered by the Marketing Committee shall approve a Plan, and such proposed Marketing Plan so submitted, with any modifications thereto approved by the Operating Committee pursuant to Article III, shall be the “Marketing Plan” for such the Fiscal YearYear covered thereby. Material changes to an approved Marketing Plan shall require the approval of the Operating Committee. (b) At least once per calendar year, the Management Committee shall consider (to the extent such terms and conditions are publicly known or otherwise known and not subject to any confidentiality obligations on the part of either Party) features, terms, conditions and other aspects of other Comparable Partner Programs and Competing Partner Programs in order to identify marketplace developments for possible inclusion in the Program to ensure that the Program remains Competitive. If the Management Committee determines that a change to the Program may be required, Bank shall develop a plan with respect to implementation of such change, including the impact the proposed change would have, if any, on the revenue share, and shall present such plan to the Management Committee for its review and decision. The Management Committee shall decide whether to test or launch any such Program changes for Cardholders or potential Cardholders. (c) Each Marketing Plan shall outline, for each NMG Company Channel, all programs, to the extent established and mutually agreed upon by the NMG Companies and Bank, and shall include at least the following information for each program: (i) description of offer(s) (including the cost thereof), cost per unit, expected response rate and other performance projections with respect thereto; (ii) description of target audience; (iii) planned budgetbudget for implementation of marketing initiatives, specifying the Bank’s 's share and the NMG Companies’ shareCompany's share (which may be funded by use of the Marketing Fund), if any; (iv) distribution among the NMG Company Channels and types of Accounts; and; (v) target implementation date (e.g., mailing dates, calling dates, delivery dates); and (vi) measurement criteria for program performance. (dc) Each Marketing Plan shall address development of Solicitation Materials and Account Documentation; new Account acquisition strategies, including direct mailing; preparation of unique collateral materials for the NMG Companies’ Company's employees; activation, retention and usage; statement design and messaging; advertising of the Program; and such other marketing matters as the Parties shall agree to. (ed) Each Marketing Plan shall specify which Party is responsible for each Marketing Plan item and shall contain a budget specifying the Parties’ ' financial responsibilities during the applicable Fiscal Year.Year and identify which items may be funded by use of the Marketing Fund. 001549-0001-13793-Active.14250169.10 (f) Any Marketing Plan may be modified or supplemented by the Parties from time to time upon mutual agreement, provided such modifications or supplements, as the case may be, are approved by the Management Committee. (ge) To the extent practicable, all significant marketing initiatives developed under this Agreement shall contain unique marketing source codes to facilitate post-marketing research and analysis.