New Products or Brands Sample Clauses

New Products or Brands. Supplier shall promptly notify Distributor of any plans by Supplier or its Affiliates to introduce any new brand or brand extension into the Territory or Territories that is not listed on Exhibit A and/or not sold or offered for sale, directly or indirectly, by Supplier as of the Effective Date, regardless of whether Supplier or its Affiliates are the actual manufacturer or simply the licensor of the brand or brand extension to a third party (“New Alcoholic Beverages”). Supplier agrees that all New Alcoholic Beverages may be added as Products under the terms of this Agreement if requested by Distributor. Distributor may, at its option, add such New Alcoholic Beverage as a Product under Exhibit A and become the exclusive distributor of such Product in the Territory or Territories. This right of Distributor is the “Right of First Refusal.” a. To be clear, a New Alcoholic Beverage, over which Distributor shall be provided with a Right of First Refusal, shall include any and all Products for which Supplier or its Affiliates have granted a license, intellectual property right and/or trademark to a third party to use and/or manufacture a Product that includes, contains or purports to include an existing Product distributed hereunder. b. A New Alcoholic Beverage, over which Distributor shall further be provided with a Right of First Refusal, shall also include any formulation changes to existing Products agreed to be distributed by Distributor hereunder. By way of illustration only, and not by way of limitation, a New Alcoholic Beverage shall include Products which Supplier changes the formulation of such Products: i. from being wine based to a malt based; ii. from being a spirit based to wine based; or iii. any other similar variation of formula of the Product.
Sample 1
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New Products or Brands. Supplier agrees show new brands to the distributor from time to time for possible inclusion of this distribution agreement.
Sample 1
New Products or Brands. Supplier shall promptly notify Broker of any plans by Supplier to introduce any new brand or brand extension into the Territory or Territories. Supplier agrees that all new brands or brand extensions introduced into any Territory may be added as Products under the terms of this Agreement if requested by Broker, and upon such request Supplier agrees to amend Exhibit A to this Agreement to add said brands effective with the date of their introduction for sale into the Territory or Territories. Supplier and Broker agree that the commissions applicable to any brands added pursuant to this Article shall be 10%, unless otherwise set forth on Exhibit A, and the Parties shall amend Exhibit A in order to reflect such commissions.
Sample 1

Related to New Products or Brands

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Third Party Products and Services Any third-party hardware, software and/or services that is delivered by ResMed for use either standalone or in conjunction with ResMed products and/or services, shall be subject to the third-party terms and conditions and/or license agreements between Customer and the third party. Such third-party hardware, software and/or services is provided by ResMed "AS IS," without any warranty of any kind. Any representations or warranties as to such hardware, software and/or services shall only be as granted by the applicable third parties, if any, that accompany such products and/or software and/or services. Any representations, warranties, or other similar obligations with respect to such third-party hardware, software and/or services flow directly from the third party to Customer and ResMed shall have no responsibility at all for any such representations, warranties, obligations or lack thereof.

  • Other Products and Services As our customer, you have access to a suite of financial products and services availed by ourselves, our affiliates and strategic partners designed to help you address and achieve your financial needs and goals. You agree that you can obtain information about such Products and Services via our website xxx.xxxxxxxx.xxx.xx and you further agree that we can from time to time communicate information in relation to such Products or Services to you specifically or generally to all cardmembers via such communication mode as we consider appropriate.

  • Competing Products The provisions of Section 21 are set forth on attached Exhibit H and are incorporated in this Section 21 by this reference.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

  • Products and Services General Information

  • Third Party Products 12.1 Third-party products provided to you by NCR Voyix for use with your subscription to the Service are subject to any terms provided by their supplier, including but not limited to those terms and conditions set forth in the exhibits attached hereto. Third-party terms and conditions are subject to change at any time by the supplier, and you agree that your use of such third-party products and services is governed by such supplier’s terms and conditions. You hereby release NCR Voyix from any and all liability associated with any damages or claims arising out of or related to third-party products. UNLESS NCR Xxxxx SPECIFICALLY AGREES OTHERWISE IN WRITING, YOU ACKNOWLEDGE AND AGREE THAT SUCH THIRD-PARTY PRODUCTS ARE PROVIDED “AS-IS” WITHOUT A WARRANTY FROM NCR Voyix. ACCORDINGLY, NCR Voyix EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY NATURE WITH RESPECT TO ANY SUCH THIRD-PARTY PRODUCTS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS. 12.2 Third-party products and services may be advertised or made available to you for purchase directly from their supplier by email or other electronic communications, including notifications made through the Service or the Account Portal. Any representations or warranties that may be provided in connection with any such third-party products or services are provided solely by their supplier. NCR Voyix will not be responsible for any of your dealings or interactions with any of those third-party suppliers.

  • Infringing Products or Services If the use of any Products or Services is enjoined (collectively, “Infringing Products”), Supplier shall at its expense procure the right for DXC to continue using or receiving the Infringing Products. If Supplier is unable to do so, Supplier shall at its expense (and at Indemnitees’ option): (i) replace the Infringing Products with non-infringing Products or Services of equivalent form, function and performance; or (ii) modify the Infringing Products to be non-infringing without detracting from form, function or performance; or

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

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