MARKETING RELATIONSHIP. 26 29. SEVERABILITY............................................................................................26
MARKETING RELATIONSHIP. 4.1 Access to Customer Databases. ----------------------------
(a) Access. MotherNature and Rodale will each have reasonable access ------ to the customer database of the other for direct marketing acquisition and direct marketing retention by means of conventional direct mail marketing methods or by means of e-mail direct marketing methods, and ad hoc customer analysis by either party for its own purposes. Such access shall be limited as follows:
(i) Access shall be subject to the privacy policies of MotherNature and Rodale which may limit the release of individual customer identification; and
(ii) Except as provided in Section 12.2 of this Agreement, neither party shall sell, transfer, assign, share or otherwise permit any third party to have access to or use any information which it obtains from the customer database of the other. As a permitted use, for example, MotherNature may perform an N-th name select and send an offer to a random sample of Rodale's database. Using purchase behavior information, the parties database analysts will develop agreed upon optimal communications plan that will guide each in the selection of names from the other's database. Each party agrees to reimburse the other for third party costs incurred as a result of that party's access to the other party's customer database.
MARKETING RELATIONSHIP. Upon the written approval of the Grantor, except for the exemption of customer prospects and customers of Grantee as listed in Exhibit 28, Sales Order Customer Exclusion List, in the event that communication service orders are received by Grantee, as a result of Grantee issuing sales literature or promotional material in which the name of Grantor is mentioned or by Grantor introducing Grantee to customer prospects not listed in Exhibit 28, or by the Grantor undertaking any joint marketing effort with Grantee including joint sales calls, Grantee shall pay to Grantor [**] to those customers receiving such sales literature, promotional material or joint sales calls. In addition, in the event that communications service orders are received by Grantor as a result of Grantor issuing sales or promotional literature or information in which the name of Grantee or the NEON network is mentioned, by Grantee introducing Grantor to customer prospects, or by Grantee undertaking any joint marketing effort with Grantor, including joint sales calls, Grantor shall pay to [**] to those customers.
MARKETING RELATIONSHIP. Upon the written approval of [**] in the event that [**] result of [**] to those customers [**] In addition, in the event that [**] as a result of [**] Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. [**] to those customers.
MARKETING RELATIONSHIP. Upon the written approval of the Grantor, except for the exemption of customer prospects and customers of the Grantee as listed in Exhibit 27, Sales Order Customer Exclusion List, in the event that communication service orders are received by the Grantee, as a result of the Grantee issuing sales literature or promotional material in which the name of the Grantor is mentioned or by the Grantor introducing the Grantee to customer prospects not listed in Exhibit 27, or by the Grantor undertaking any joint marketing effort with the Grantee including joint sales calls, the Grantee shall pay to the Grantor compensation equal to the first month that there is recurring revenue charged by the Grantee to those customers receiving such sales literature, promotional material or joint sales calls.
MARKETING RELATIONSHIP. 2.1 MARKETING TO NON-CABLE CUSTOMERS IN THE COMMUNICATIONS MARKET.
2.1.1 IBS recognizes that CBIS considers rating, usage processing, formatting and consolidation to be strategic parts of CBIS's services. CBIS and IBS will work together to develop account development plans and strategies that are mutually advantageous and meet customer needs. One mutual strategy may include an interim or initial solution of bill consolidation and formatting by IBS followed by a later implementation of the long term bill consolidation solution by CBIS exclusively.
2.1.2 IBS' primary business is statement production services. IBS considers CBIS its preferred partner for outsourced rating, usage processing, formatting and consolidation of communications usage with the target clients defined in Attachment D. CBIS and IBS will work together to determine the most appropriate marketing strategy for their respective services within these target clients.
2.1.3 CBIS and IBS will work together in the following manner to meet their own strategic priorities and customers' bill consolidation needs: (a) if a current CBIS/IBS customer requires bill consolidation, CBIS/IBS will work together to determine the best course of action; (b) if there is a new opportunity for both CBIS and IBS, under the spirit of the agreement both parties should bid together as first option but may agree to a different strategy. By October 1, 1997, CBIS and IBS will (i) develop a mutually agreeable plan relative to the international marketplace;
MARKETING RELATIONSHIP. A. [*]
B. [*]
C. Spacenet will assist Customer in the sale of Customer's programming to certain existing and prospective Spacenet customers. The parties will negotiate in good faith the economic division of the costs and revenues associated with such sale(s). Such sales will not be counted toward the Minimum Site Order Quantity.
D. Spacenet may help facilitate arrangements in which Customer may use the VSAT infrastructure of certain existing and prospective Spacenet customers to distribute Customer's store and forward video application and video streaming for in-store television entertainment, information and commercial messages or any additional applications. The parties will negotiate in good faith an amount to be paid to Spacenet for facilitating such arrangement.
E. [*]
MARKETING RELATIONSHIP
