Production, Marketing, and Distribution Sample Clauses

Production, Marketing, and Distribution. At all times during the Term, Reseller shall, in accordance with the terms and conditions of this Agreement and at its own cost: 5.1.1. distribute and sell access to the Fresh Relevance Solution solely as permitted under this Agreement and under the XXXX and ensure that Customer and End Users receive, are aware of, and accept the terms and conditions of the XXXX before accessing the Fresh Relevance Solution and promptly report to Reseller any actual or suspected XXXX non-compliance; 5.1.2. advertise, promote, market, distribute and sell access to the Fresh Relevance Solution to Customers using Reseller’s best efforts to maximize the distribution of, licensing revenues from, and Customer satisfaction with the Fresh Relevance Solution; 5.1.3. promptly give Fresh Relevance written notice of and investigate and address any notice, complaint or claim of which Reseller becomes aware concerning any data security breach, personal injury, property damage or other injury alleged to have been caused, in whole or in part, by the Fresh Relevance Solution, any use of the Fresh Relevance Solution, or any act or omission of Reseller under or in connection with this Agreement; and 5.1.4. conduct business in accordance with applicable Law and in a manner that is consistent with good business practice and reflects favorably at all times on the Fresh Relevance Solution and the good name, goodwill and reputation of Fresh Relevance. 5.1.5. Without prejudice to all other remedies of Fresh Relevance, the Reseller shall defend, indemnify and hold harmless Fresh Relevance, its officers, directors and employees against all claims, actions and proceedings, losses, damages, fines, charges and penalties (financial or otherwise), expenses and costs directly or indirectly arising out of or in connection with a breach by the Reseller of the terms of this Agreement and Reseller’s marketing, installation, sale, payment, and/or support in connection with the Fresh Relevance Solution and/or Reseller’s Customer Agreements.
Sample 1
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Production, Marketing, and Distribution. At all times during the Term, Partner will, in accordance with this Agreement and at its own cost: (i) ensure that End Users receive, are aware of, and accept the terms and conditions of the MSA before using the Services and promptly report to PeerNova in writing any actual or suspected non-compliance with the MSA; and (ii) promptly give PeerNova written notice of any notice, complaint, or claim of which Partner becomes aware concerning any data security breach, personal injury, property damage, or other injury alleged to have been caused, in whole or in part, by the Services provided to an End User.
Sample 1
Production, Marketing, and Distribution. At all times during the Term, Reseller shall, in accordance with this Agreement and at its own cost: (i) produce the Reseller Products in accordance with Section 3 and as otherwise set out in Exhibit A; (ii) ensure that End Users receive, are aware of, and accept the terms and conditions of the XXXX before using the Reseller Products and promptly report to GeoComm in writing any actual or suspected XXXX non-compliance; (iii) advertise, promote, market, and distribute the Reseller Products to End Users using Reseller's best efforts to maximize the distribution of, licensing revenues from, and End-User satisfaction with, the Reseller Products; and (iv) promptly give GeoComm written notice of any notice, complaint, or claim of which Reseller becomes aware concerning any data security breach, personal injury, property damage, or other injury alleged to have been caused, in whole or in part, by any Reseller Product, or any use of an Reseller Product under or in connection with this Agreement. On a quarterly basis, Reseller will provide GeoComm with pipeline data for the remainder of the year and annually for the upcoming 3 years. At a minimum of annually, Reseller and GeoComm team members will meet to discuss partnership to include things such as new product offerings and opportunities, areas of improvement, etc.
Sample 1

Related to Production, Marketing, and Distribution

  • Manufacturing and Marketing Rights The Company has not granted rights to manufacture, produce, assemble, license, market, or sell its products to any other person and is not bound by any agreement that affects the Company's exclusive right to develop, manufacture, assemble, distribute, market, or sell its products.

  • Marketing and Promotion The School will be responsible for marketing and promoting the Sports Facilities in accordance with the agreed aims and targets. A marketing strategy will be prepared and implemented and reviewed on an annual basis.

  • Marketing and Sales Provide a detailed plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for Public Agencies to supplier’s teams, to include, but not limited to:

  • Marketing Services The Manager shall provide advice and assistance in the marketing of the Vessels, including the identification of potential customers, identification of Vessels available for charter opportunities and preparation of bids.

  • Distribution Services 3.1. Distributor will have the right, as agent for the Fund, to enter into dealer agreements with responsible investment dealers, and to sell Shares to such investment dealers against orders therefor at the public offering price (as defined below) stated in the Fund’s effective Registration Statement on Form N-2 under the 1940 Act and the Securities Act of 1933, as amended (the “Securities Act”), including the then-current prospectus and statement of additional information (the “Registration Statement”). Upon receipt of an order to purchase Shares from a dealer with whom Distributor has a dealer agreement, Distributor will promptly cause such order to be filled by the Fund. 3.2. Distributor will also have the right, as agent for the Fund, to sell such Shares to the public against orders therefor at the public offering price (as defined below) and in accordance with the Registration Statement. 3.3. Distributor will also have the right to take, as agent for the Fund, all actions which, in Distributor’s reasonable judgment, are necessary to carry into effect the distribution of the Shares. 3.4. The “public offering price” for the Shares of the Fund shall be the net asset value (“NAV”) of the Shares then in effect, plus any applicable sales charge determined in the manner set forth in the Registration Statement or as permitted by the 1940 Act and the rules and regulations promulgated by the SEC or other applicable regulatory agency or self-regulatory organization under the oversight of the SEC. In no event shall any applicable sales charge exceed the maximum sales charge permitted by the Rules of FINRA. 3.5. The NAV of the Shares of the Fund shall be determined in the manner provided in the Registration Statement, and when determined shall be applicable to transactions as provided for in the Registration Statement. The NAV of the Shares shall be calculated by the Fund or by another entity on behalf of the Fund. Distributor shall have no duty to inquire into or liability for the accuracy of the NAV per Share as calculated. 3.6. On every sale, the Fund shall receive the applicable NAV of the Shares promptly, but in no event later than the third business day following the date on which Distributor shall have received an order for the purchase of the Shares. 3.7. Upon receipt of purchase instructions, Distributor will transmit such instructions to the Fund or its transfer agent for the issuance and registration of the Shares purchased. 3.8. Distributor, as agent of and for the account of the Fund, may repurchase the Shares at such prices and upon such terms and conditions as shall be specified in the Registration Statement. 3.9. Distributor shall maintain membership with the National Securities Clearing Corporation (“NSCC”) and any other similar successor organization to sponsor a participant number for the Fund so as to enable the Shares to be traded through FundSERV. The Distributor shall not be responsible for any operational matters associated with FundSERV or networking transactions. 3.10. Distributor will review all proposed advertising materials and sales literature for compliance with Applicable Law and shall file such materials with appropriate regulators as required by current laws and regulations. Distributor agrees to furnish the Fund with any comments provided by regulators with respect to such materials. 3.11. Distributor shall prepare or cause to be prepared reports for the Board of Trustees (the “Board”) of the Fund regarding its activities under this Agreement as reasonably requested by the Board.

  • Promotion and Marketing For the purpose of promotion and marketing, the Borrower hereby authorizes and consents to the reproduction, disclosure and use by the Lenders and the Agent of its name, identifying logo and the Facilities. The Borrower acknowledges and agrees that the Lenders shall be entitled to determine, in their sole discretion, whether to use such information; that no compensation will be payable by the Lenders or the Agent in connection therewith; and that the Lenders and the Agent shall have no liability whatsoever to it or any of its employees, officers, directors, affiliates or shareholders in obtaining and using such information as contemplated herein.

  • Advertising and Marketing Except in so far as herein expressly provided, the Service Provider shall not make or issue any formal or informal announcement (with the exception of Stock Exchange announcements), advertisement or statement to the media in connection with this Agreement or otherwise disclose the existence of this Agreement or the subject matter thereof to any other person without the prior written consent of SARS.

  • PRODUCT SUPPORT Partners may provide support for Products and other value-added services, and Partner is responsible for the performance of any services it provides. If Customer purchases Microsoft Support Services through a Partner, Microsoft will be responsible for the performance of those services subject to the terms of this Agreement.

  • Payments for Distribution Assistance and Administrative Support Services (a) Payments to the Distributor. In consideration of the payments made by the Fund to the Distributor under this Plan, the Distributor shall provide administrative support services and distribution services to the Fund. Such services include distribution assistance and administrative support services rendered in connection with Shares (1) sold in purchase transactions, (2) issued in exchange for shares of another investment company for which the Distributor serves as distributor or sub-distributor, or (3) issued pursuant to a plan of reorganization to which the Fund is a party. If the Board believes that the Distributor may not be rendering appropriate distribution assistance or administrative support services in connection with the sale of Shares, then the Distributor, at the request of the Board, shall provide the Board with a written report or other information to verify that the Distributor is providing appropriate services in this regard. For such services, the Fund will make the following payments to the Distributor:

  • Procurement Planning Prior to the issuance of any invitations to bid for contracts, the proposed procurement plan for the Project shall be furnished to the Association for its review and approval, in accordance with the provisions of paragraph 1 of Appendix 1 to the Guidelines. Procurement of all goods and works shall be undertaken in accordance with such procurement plan as shall have been approved by the Association, and with the provisions of said paragraph 1.

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