Positioning of Licensed Products. The Licensed Products shall be marketed in a manner that is consistent with GE’s equity and an overall better / best positioning in the marketplace, comparable to the positioning of primary competitors (e.g., Hunter and Harbor Breeze). LICENSEE agrees to develop, market, and sell a full-line offering of Licensed Products consistent with this overall market positioning and that the Licensed Products will be high quality and priced competitively with like products of primary competitors. LICENSEE shall use its best commercial efforts to advertise, promote and sell Licensed Products. If Licensee exercises its right to sell its own or a third party’s trademarked products, LICENSEE must submit to GE, no later than three (3) months following LICENSEE’S introduction into the market of a non-Licensed product, a minimum net annual volume commitment of Licensed Products that is acceptable to GE in its discretion. This annual volume commitment must be at least $40,000,000, which will then become a material commitment under this Agreement. If, in the future, Attachment 1 is amended to add lighting fixtures as License Products, then the annual volume commitment must be at least $80,000,000, which will then become a material commitment under this Agreement.
Positioning of Licensed Products. LOL and DFC/Morningstar acknowledge and agree that Trademarks are utilized on products which are generally premium priced. For the purposes of this Agreement, premium priced shall mean that Licensed Products shall be priced above competitive private label and second label products.
