Product Representations. Purchaser is responsible for the accuracy of its product representations and claims, including those used on package or in other marketing collateral or content. Where Supplier also sells a substantially similar product to the Products covered by this Agreement into distribution or end user channels and Supplier makes product representations and marketing claims in support of its own marketing and sales efforts, then Purchaser may request, and Supplier will provide, relevant documentation and support for Supplier’s representations and claims, including relevant substantiation.
Product Representations. Distributor shall not to make any representations with respect to the Product Units other than those expressly authorized in writing in Licensor's written data sheets.
Product Representations. Seller makes the following representations and warranties with respect to the Products sold hereunder:
Product Representations. 2nd-Tier Reseller agrees not to advertise, communicate or otherwise represent any Software characteristics or capabilities that are false or misleading or in any manner that might adversely affect the reputation and goodwill of ForgeRock or the Software.
Product Representations. Customer shall make no representations or warranties concerning quality, performance, or other characteristics of the Products other than those which are consistent in all respects with, and do not expand the scope of, the representations and warranties made by ImPACT Applications for such Products. Customer may not write or otherwise create any additional Product Documentation or authorize the creation thereof without ImPACT Applications’ express prior written consent. The only Product Documentation that Customer is authorized to sell or distribute is official ImPACT Applications Product Documentation that shall have been produced by ImPACT Applications.
Product Representations. Distributor shall not make any representations with respect to Products other than those expressly authorized in writing in Manufacturer's written data sheets. 4.8 Mutual Indemnification. Distributor and Manufacturer each agree to indemnify and hold the other and the other’s officers, directors, employees, successors, and assigns, harmless from and against any and all losses, damages, or expenses of whatever form or nature, including attorneys' fees and other costs of legal defense, whether direct or indirect, that either of them may sustain or incur as a result of any acts or omissions of the other or any of their directors, officers, employees, or agents, including without limitation (a) breach of any of the provisions of this Agreement, (b) negligence or other tortious conduct, (c) representations or statements not specifically authorized by Manufacturer herein or otherwise in writing, or (d) violation by Distributor (or any of its directors, officers, employees, or agents, or by any Subdistributor) of any applicable law, regulation, or order in or of the Territory or otherwise. 5. PRODUCTS 5.1
Product Representations. Services shall be consistent with Schedule 1.
Product Representations. Independent Contractor acknowledges that the ----------------------- Products are not intended to, and Independent Contractor agrees not to represent that the products shall or are intended to, diagnose, mitigate, treat, cure or prevent any disease, damage or dysfunction. Instead, the Products are intended solely for food, dietary supplementation, and personal care purposes. Neither Independent Contractor nor its sales representatives, agents or employees shall make any claims of any kind with respect to the Products other than those specifically contained in Nutraceutical's Authorized Literature, as hereinafter defined. Nutraceutical's Authorized Literature is defined as and limited to documents which (a) have the name "Nutraceutical" or the name of one of the Nutraceutical "Family of Brands" clearly placed upon the document; (b) are not marked "Confidential"; and (c) originate and are available only from Nutraceutical's principal places of business in Ogden, Utah and Park City, Utah. Independent Contractor assumes full responsibility for any statement made by Independent Contractor, its sales representatives, agents or employees which is not explicitly made in the Authorized Literature. Independent Contractor agrees that although Nutraceutical may from time to time provide Independent Contractor copies of publications, articles, books, chapters, or abstracts prepared and published by third parties (the "Third Party Literature"), Nutraceutical is doing so only to provide Independent Contractor with convenient access to general nutritional information. Nutraceutical shall not be deemed to have reviewed and approved of such Third Party Literature, whether by virtue of supplying it or referring to it in Authorized Literature.
Product Representations. Customer shall make no, and shall indemnify EFL for and against any and all claims arising out of, representations or warranties concerning quality, performance, or other characteristics of the Products other than those which are consistent in all respects with, and do not expand the scope of, the representations and warranties made by EFL or ImPACT Applications for such Products. Customer may not write or otherwise create any additional Product Documentation or authorize the creation thereof without EFL’s express prior written consent. The only Product Documentation that Customer is authorized to distribute is official ImPACT Applications Product Documentation produced by ImPACT Applications or EFL. Customer agrees that its obligation to indemnify EFL for and against any and all claims arising out of any warranty that is inconsistent with or additional to the warranties contained in this Agreement shall not be affected, reduced, or impaired by the fact that Customer is required by local mandatory law to provide such inconsistent or additional warranty.
