MARKETING; PRICING; STANDARD CONTRACTS. (1) As between the Parties, NRI (or Affiliates or Third Parties designated by it) shall have the exclusive right to conduct, at its sole cost and expense, all marketing and licensing activities with respect to the Approved Internet Service to customers located outside of the Territory. To the extent permitted under the NMR Agreements (as defined in Section 2.1(a)(i)), the Operating Committee may allocate to ACNSub the right and responsibility to market and license data to designated customers located in North America. As between the Parties, ACNSub (or wholly-owned subsidiaries of ACNSub) shall have the exclusive right to conduct, at its sole cost and expense, all marketing and licensing activities with respect to the Approved Internet Service to customers located in the Territory provided, however, that in the event that the parties enter into an agreement with Mediametrie S.A. on substantially the terms described in the term sheet attached hereto as Exhibit K (the "Mediametrie Agreement"), ACNSub consents that marketing and licensing activities in France shall be conducted pursuant to the Mediametrie Agreement, so long as the Mediametrie Agreement is in effect..
(2) The Operating Committee will determine all pricing and rate card matters with respect to the Approved Internet Service, including, without limitation, any discounts, rebates and other concessions offered to customers. The Parties will coordinate their marketing and selling efforts so as to maintain consistent pricing policies and practices among the different customers for which marketing responsibilities have been allocated hereunder.
(3) NRI and ACNSub may each use their own forms of customer contracts provided that such form contracts shall be reasonably acceptable to the other party. ACNSub acknowledges that it has received a copy of NRI's current form of customer contract and that such form is acceptable to it. Consistent with legal considerations outside of North America, each party shall include in its customer contracts provisions regarding scope of data use, indemnity, limitation of liability and other matters which are not less favorable in any material respect to the other party than the provisions which such other party includes in its own form contracts for its own benefit.
(4) As soon as practicable after approval thereof (but in any event within 60 days after the commencement of its next fiscal year), each Party shall provide to the other Party its budget and operating plan for...
MARKETING; PRICING; STANDARD CONTRACTS. (a) NRI shall undertake, at its sole cost and expense, all marketing and sales activities with respect to the Approved Internet Service, subject to the rights and duties allocated to NMR pursuant to the provisions of this Agreement. Notwithstanding the foregoing, NMR shall have primary responsibility, at its sole cost and expense, for marketing products and services of the Approved Internet Service which are marketed and sold using the NMR Trademarks and the NRI Trademarks to customers in the following categories, in each case to the extent that such customers are located in North America: (i) traditional media customers, consisting of television, radio and other media customers (including broadcast networks, local TV stations, superstations, cable networks, cable systems, syndicators and television program producers); (ii) advertising agencies (including television advertising customers of such agencies which are then current and active NMR customers), interactive agencies and media buyers; (iii) the technology companies, marketers, web sites and web-only agencies listed on EXHIBIT E hereto; and (iv) such other customers as may be determined by the Operating Committee. With respect to sales to customers located outside North America, it is the intention of the Parties that, for any country or territory in which a strategic alliance has been entered into as provided in Section 2.5 below, the strategic alliance partner appointed for such country or territory shall have primary responsibility for all marketing and sales activities within such country or territory. It is the further intention of the Parties that, to the extent possible, agreements entered into with strategic alliance partners will provide that all Internet usage data generated by such partners shall be in a format that is compatible with the data storage and management systems of each of the Parties and such Internet usage data shall be used by the Parties solely for sales to such Party's customers in North America.
(b) The Operating Committee will determine all pricing and rate card matters with respect to the Approved Internet Service, including, without limitation, any discounts, rebates and other concessions offered to customers. The Parties will coordinate their marketing and selling efforts so as to maintain consistent pricing policies and practices among the different customers for which marketing responsibilities have been allocated hereunder.
(c) For contracts entered into after thir...
