Product Marketing. All Royalty Bearing Products shall be marketed and sold as "premium" products consistent with MFB's then existing image. Nonni's accepts full responsibility for and agrees to pay all costs it incurs associated with all advertising and promotion, packaging design, graphics, and packaging materials for Royalty Bearing Products.
Product Marketing. (a) ESL will at all times have the sole discretion to set and determine all terms and conditions of sale of all Licensed Products, including price, position, distribution channels and name (including ESL trademarks, trade names or logos). ESL will be responsible for distribution of the Licensed Products in its sole discretion.
(b) ESL will at all times have the sole discretion to develop and approve marketing materials and activities for, the Licensed Products. Further, ESL will at all times during the term of the Agreement be responsible for manufacturing, assembling and distributing the components that comprise the Licensed Products.
(c) PacTel has adopted and owns certain trademarks and service marks used in identifying and marketing PacTel technology, products and services, logos, trade names and related acronyms and the like, whether or not registered (the "PacTel Trademarks"). ESL recognizes and consents for all purposes that the PacTel Trademarks constitute the exclusive property of PacTel and cannot be used by ESL pursuant to this license, except as specified in the Agreement, nor will ESL use any confusing similar trademark, logo, trade name or the like. PacTel hereby grants to ESL the non-exclusive right to use the following statement in the marketing of the Licensed Products: " *** *** ." Nothing contained in the Agreement will be construed as conferring any additional rights upon ESL to use in advertising, publicity or other promotional activities any PacTel Trademark, other than specifically set forth in the preceding sentence, unless PacTel grants to ESL its prior express written consent. ESL will use the PacTel trade name with such words qualifying or identifying the relationship of PacTel and ESL as PacTel, from time to time, may reasonably prescribe. PacTel will have the sole right, but not the obligation, to register and enforce the PacTel Trademarks and other marks it adopts, acquires or uses in the United States or in any foreign country and all rights generated by use of same by ESL will inure directly to the benefit of PacTel.
(d) The parties will mutually plan and agree upon the contents, form and manner of publicity with respect to the Licensed Products and will not respond to inquiries from members of the public media, if such inquiries concern the contents of the Agreement and details of the transactions contemplated by the Agreement. In no event will the parties act unilaterally with regard to such disclosures, unless otherwise r...
Product Marketing. Spectrum will, at its expense and upon approval of the NDA for the Licensed Product, begin marketing efforts in the Territory to promote and sell the Licensed Product, and will provide EPRO marketing plans to that end on an *** basis.
Product Marketing. During the Term Akorn shall use commercially reasonable efforts to solicit orders for, and to promote and market, the Products in the Territory. Akorn shall use mutually-approved marketing materials in its marketing efforts for the Products. The Parties shall use commercially reasonable efforts to mutually develop a marketing plan for the Products in the Territory. If the Parties are unable to mutually develop such a marketing plan, then Akorn shall propose a marketing plan to A-S. Akorn’s proposed separate marketing plan must be approved by A-S before Akorn implements the same, and A-S’ approval will not be unreasonably withheld.
Product Marketing. 3.1 Marketing Effort. Reseller shall use commercially reasonable efforts, consistent with market practice in the Territory and the guidelines set out in the Partner Program, to market, sell and distribute the Products to End Users. Reseller shall be knowledgeable about the Products and shall provide End Users with accurate and current information about the Products.
Product Marketing. Using the aforementioned marketing strategies, Titan Roof Tile will heavily focus on the low cost, environmentally friendly, and structurally secure nature of the Company’s patent pending Titan Roof Tile product line. The business will showcase all of these points in all sales literature produced and distributed by the Company. One of the additional focuses will be the tax subsidies and tax credits associated with using environmentally friendly materials.
Product Marketing. With respect to its advertising, offering, or sale of Applications, Services, or any other products, Optivon attempts to describe its products as accurately as possible. Nevertheless, Optivon does not warrant that any descriptions, pricing, availability, or other information relating to the advertising, offering, or sale of Services (collectively, "Product Information") from its Website, marketing materials, promotional flyers, advertisements, or other printed or electronic materials (collectively, "Product Materials") is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible that Product Information may be mispriced, described inaccurately, or that the Product may be unavailable. In the event Optivon determines that a Product is mispriced, described inaccurately, or unavailable, Optivon reserves the right to take any action it deems reasonable and necessary to rectify the error, including without limitation, canceling Customer’s Account or subscription to the Services. Customer agrees to notify Optivon immediately if Customer becomes aware of any pricing or descriptive errors or inconsistencies with any Products Customer orders through the Product Materials and comply with any corrective action taken by Optivon.
Product Marketing. From the Effective Date through the later of -----------------
(a) the date which is 12 months after the date of commercial launch of the Products and Services, and (b) the date which is 18 months after the Effective Date, ENACT shall invest a minimum of Two Million Five Hundred Thousand Dollars ($2,500,000) to fund marketing expenses of the Products and Services (which expenses (i) may include ENACT's marketing personnel and administration expenses, to the extent such personnel are devoted to marketing the Products and Services and to the extent such marketing personnel and administration expenses do not exceed $500,000 and (ii) may not include packaging, packaging development and clinical outcomes research expenses) consistent with the marketing activities set forth in the marketing plan attached hereto as Exhibit "C". -----------
Product Marketing. Targent will, at its expense and upon approval of the NDA for the Licensed Product, begin marketing efforts in the Territory to promote and sell the Licensed Product and will require its Sublicensees to take all reasonable steps to promote and sell the Licensed Product.
Product Marketing. (a) EASi shall at all times have the sole discretion to set and determine all terms and conditions of sale of all EASi IR Products incorporating the Licensed Technology. EASi shall at all times have the sole discretion to develop and approve all such EASi IR Products' marketing materials and activities.
(b) Extended has adopted and owns certain trademarks and service marks used in identifying and marketing Extended technology, products and services ("Trademarks"). Extended hereby grants to EASi the non-exclusive right to use the Trademarks in the marketing of EASi IR Products. EASi recognizes and consents for all purposes that all Trademarks, logos, trade names and [*] CONFIDENTIAL TREATMENT REQUESTED
