Production Samples. Before selling or distributing any product bearing a Licensed Xxxx, LICENSEE shall furnish NBAP with, at no charge, for its permanent use, two (2) samples of the product from the first production run of each manufacturer of the Licensed Products, including all styles, colors and variations, together with its labels, tags, cartons and containers (including packaging and wrapping materials). If such samples do not conform to all aspects of the Licensed Product as approved or if the quality of any such sample does not meet the requirements of this Xxxxxxxxx 0, XXXX shall notify LICENSEE and such article shall be deemed disapproved and all such articles shall be promptly destroyed. LICENSEE shall also furnish NBAP, free of charge, with any additional pieces of Licensed Product as may reasonable be requested by NBAP to promote the sale of Official Licensed Products (e.g., for NBAP's display room, advertisements, catalogs, mailers, product placement and trade shows) or for comparison with earlier samples. In addition, LICENSEE shall provide NBAP with any additional pieces of Licensed Product as may be required for the permanent use of the Member Teams, not to exceed one (1) piece per Member Team. If NBAP wishes to purchase Licensed Products for give-away purposes and not for resale, LICENSEE shall sell the Licensed Products to NBAP at LICENSEE's direct manufacturing cost for such Licensed Products and LICENSEE shall not be required to pay royalties on such sales to NBAP.
Appears in 2 contracts
Samples: Retail Product License Agreement (Innovo Group Inc), Retail Product License Agreement (Innovo Group Inc)
Production Samples. Before selling or distributing any product bearing a Licensed XxxxProduct, LICENSEE each company shall furnish NBAP with, at no charge, for its permanent use, files two (2) samples of the product sample complete sets from the first production run of each manufacturer of the Licensed Products, including all styles, colors and variations, together with its labels, tags, cartons and containers (including packaging and wrapping materials)product line. If such samples do not conform in all material respects to all aspects of the Licensed Product as approved or if the quality of any such sample does not meet the requirements of this Xxxxxxxxx 0, XXXX shall notify the LICENSEE and such article shall not be considered a Licensed Product, be deemed disapproved unapproved and all such articles shall be promptly destroyeddestroyed unless such articles may be remedied to NBAP's satisfaction. Each card LICENSEE shall also furnish NBAP, free of chargecharge and with no right of resale, with: (i) five (5) "base cases" (i.e., a 20-box case with 36 packs of cards per box and 12 cards per pack) of each product line within thirty (30) days of production; (ii) twenty (20) complete sets in binders; and (iii) any additional pieces of Licensed Product as may reasonable reasonably be requested required by NBAP to promote the sale of Official Licensed Products (e.g., for NBAP's display room, advertisements, catalogs, mailers, product placement and trade shows) or for comparison with earlier samples. In addition, each LICENSEE shall provide NBAP with any additional pieces of Licensed Product as may be required for the permanent use of the Member Teams, ; for each card LICENSEE not to exceed one two (12) piece base cases per product line per Member Team. If NBAP wishes to purchase further quantities of any Licensed Products for give-away resale, LICENSEE shall sell such Licensed Products to NBAP at the lowest price LICENSEE charges for similar quantities sold to its preferred customers and LICENSEE shall pay royalties on such sales. If NBAP wishes to purchase mutually acceptable quantities of Licensed Products for giveaway purposes and not for resale, LICENSEE shall sell the Licensed Products to NBAP at LICENSEE's direct manufacturing cost costs for such Licensed Products and LICENSEE shall not be required to pay royalties on such sales to NBAP.
Appears in 1 contract
Samples: Retail Product License Agreement (Marvel Entertainment Group Inc)
Production Samples. Before selling or distributing any product bearing a Licensed Xxxx, LICENSEE shall furnish NBAP with, at no charge, for its permanent use, two (2) samples of the product from the first production run of each manufacturer of the Licensed Products, including all styles, colors and variations, together with its labels, tags, cartons and containers (including packaging and wrapping materials). If such samples do not conform to all aspects of the Licensed Product as approved or if the quality of any such sample does not meet the requirements of this Xxxxxxxxx 0, XXXX shall notify LICENSEE and such article shall be deemed disapproved and all such articles shall be promptly destroyed. LICENSEE shall also furnish NBAP, free of charge, with any additional pieces of Licensed Product as may reasonable reasonably be requested by NBAP to promote the sale of Official Licensed Products (e.g., for NBAP's display room, advertisements, catalogs, mailers, product placement and trade shows) or for comparison with earlier samples. In addition, LICENSEE shall provide NBAP with any additional pieces of Licensed Product as may be required for the permanent use of the Member Teams, not to exceed one (1) piece per Member Team. If NBAP wishes to purchase Licensed Products for give-away purposes and not for resale, LICENSEE shall sell the Licensed Products to NBAP at LICENSEE's direct manufacturing cost for such Licensed Products and LICENSEE shall not be required to pay royalties on such sales to NBAP.
Appears in 1 contract
Samples: Retail Product License Agreement (Evenflo & Spalding Holdings Corp)