Promotion and Sales Sample Clauses

Promotion and Sales. Distributor agrees to vigorously promote and sell the Products and shall continually work to increase the market for the Products in the Territory served by Distributor. Distributor agrees to maintain a fully qualified sales organization in order to fulfill its responsibilities under this Agreement and conduct a continuing program of quality sales promotion activities for the Products.
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Promotion and Sales. (a) Distributor shall use its best efforts to promote, market and sell the Products within the Territory. Distributor agrees to maintain a fully qualified sales organization in order to fulfill its responsibilities under this Agreement and conduct a continuing program of quality sales promotion activities for the Products. During the term of this Agreement, Distributor shall not promote, market or sell any lithium iron phosphate batteries and high voltage charging systems or similar products within the Territory that directly compete with the Products. (b) Distributor shall maintain facilities in the territory assigned so as to favorably reflect on the Products and quality image of SOL. (c) Distributor shall provide prompt and courteous service to customer inquiries or complaints relating to the Products. Distributor shall at all times properly represent the Products and shall not make, directly or indirectly, any false misleading, or disparaging representations to any customers or persons in regards to the Products. (d) SOL agrees to permit Distributor to identify itself as its authorized exclusive Distributor for Products and use the trademarks of SOL in connection with the Distributor’s effort to sell and promote the Products. (e) SOL, upon mutual agreement with Distributor, shall permit Distributor to brand, package and/or private label products as deemed necessary by Distributor in connection with Distributor’s efforts to market, promote and sell the Products. (f) Distributor shall provide, in reasonable detail, all data reasonably requested by SOL including sales forecasts as well as data on the overall marketplace, market segments, market opportunities and other information related to the Products marketed hereunder; as an aid in measuring SOL’s market potential therein and in planning its marketing efforts, including use of or applications for Products, suggestions for modification or improvements to Products and the like. Such data shall be limited to that specifically related to the Products. (g) Distributor shall keep accurate accounts, books and records relating to the business of Distributor with respect to Products, in accordance with generally accepted accounting principles and practices and sufficient to ascertain compliance by Distributor with its obligations under this Agreement. (h) SOL may periodically change design, models, features of Products, add new Products, or discontinue distribution of any or all Products without any accountabi...
Sample 1
Promotion and Sales. Each Party shall maintain its own direct sales force of suitably qualified and trained professional representatives. Such representatives shall be employees or independent contractors of such Party. Neither Party shall have any authority or responsibility for the hiring, firing, compensation, or employee benefits of the other Party's sales force personnel. Each Party shall pay all costs and expenses required to maintain its own sales force, including salaries, bonuses, benefits, car allowances, and travel expenses. BMC or BMG shall establish a marketing and promotional plan each year which shall include the general promotional activities planned for such year. BMC or BMG shall provide the Geron representatives with the same support and assistance it provides its own representatives detailing and promoting the Products.
Sample 1
Promotion and Sales. You will promote and sell the XXXx in accordance with the Marketing and Promotion Guidelines and as instructed by PayPoint or the Provider from time to time. You must not at any time: a) represent to any customer or third party that You are a representative or agent of PayPoint or any Provider. b) make any public statement about PayPoint or any Provider. c) PayPoint may provide marketing and promotional material on behalf of Providers from time to time.
Sample 1
Promotion and Sales. The Contractor will use her best efforts to learn the Company's merchandise and to promote and sell the Company's merchandise solely through home parties. The Contractor will display and promote the Company's merchandise tastefully and honestly and in accordance with the Company’s policies and procedures, as they exist from time to time, including but not limited to the Incentive Requirements Guide. The Contractor will maintain the highest standards of integrity, honesty, professionalism, and responsibility in promoting and selling the Company's merchandise. The Company will make available to the Contractor non- mandatory training programs to educate the Contractor regarding the Company's products and recommended sales techniques and will provide promotional materials, forms, and sales aids to the Contractor which Contractor may choose to purchase and use at her discretion. The Company will provide to the Contractor all of its lines of merchandise, but the Company will not have any liability and the Contractor hereby waives any claim against the Company for lack of availability of anyparticular product due to uneven demand, inability to obtain a product from its manufacturer or Consultant, or any other condition beyond the control of the Company. While Contractor is free to engage in other direct sales/multi-level marketing businesses subject to Section 12 below, the Contractor will only display, promote, and sell merchandise distributed by the Company at home parties at which PURE ROMANCE™ merchandise is displayed, promoted, or sold. The Contractor will not sell, market, promote or display the merchandise of any other companies through her PURE ROMANCE™ business. Contractor will not sell, market, or promote merchandise sold by the Company on any web site not specifically authorized by the Company, including without limitation, E- Bay or any similar site. Contractor agrees to the liquidated damages provision set forth in paragraph 13 if Contractor sells, markets, advertises for sale, or promotes the merchandise sold by the Company on any web site not approved by the Company, including but not limited to, E-Bay or any similar site. The Contractor will display, promote, and sell the Company's merchandise in accordance with all policies and procedures set forth in the Company's products, on a nonexclusive basis throughout the United States. Contractor is free to set the prices she charges for merchandise. Contractor is free to set her own hours. Contractor sh...
Sample 1
Promotion and Sales. (a) FMC agrees to use its best efforts to promote and sell the Products in the Territory and shall continually work to increase the market for the Products where appropriate by direct mail, placement of editorials in technical journals, advertising, promotional literature, correspondence, personal visits and any other commercial means, with the expenses for those actions to be shared by the parties as they agree on a case-by-case basis. FMC will maintain a current and working knowledge of the applicable industries as outlined in Appendix III. (b) FMC shall promptly forward to SRC full details of all inquiries and orders received for the Products for the Territory including the names and addresses of clients or potential clients. (c) FMC shall keep SRC informed about the activities of competitors in the Territory about which FMC learns in the course of its lawful business. (d) SRC will furnish FMC with such technical bulletins and sales data relative to the Products from time to time. SRC will cooperate in reasonable ways to assist FMC in effectively promoting the sale of the Products.
Sample 1
Promotion and Sales. Biocompatibles shall promote and sell its own products and the Products under each company’s respective Trademarks and market names. Biocompatibles specifically shall in all cases promote and refer to the Products with the name(s): PROXCELANTM, Cesium-131 Brachytherapy Seeds together with Biocompatibles’ own Trademarks “Real Time StrandTM”, “RTSTM”, “VariStrandTM”, StandardStrandTM, EchoStrandTM, and “AnchorSeedTM”. Nothing herein shall be deemed to give either Biocompatibles or IsoRay, either during the term of this Agreement or thereafter, any right to trademarks or copyrights of the other Party. [**] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Sample 1
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Promotion and Sales. ASP will use commercially reasonable efforts to actively endorse, promote and sell the Service (including subscription renewals) in the Territory and will devote personnel and resources to effectively promote the Service as contemplated herein. ASP will identify and register ASP Subscribers in accordance with this Agreement. ASP will not specifically direct promotional activities at existing Subscribers of Metricom or another authorized service provider of Metricom so as to encourage them to discontinue their then-current subscriptions and become ASP Subscribers. ASP will perform its duties hereunder in a diligent and businesslike manner and will refrain from any activity or action that would reasonably be expected to damage the reputation of Metricom or the Service.
Sample 1

Related to Promotion and Sales

  • 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:

  • 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.

  • Offers and Sales All offers and sales by a Holder under any Registration Statement shall be completed within the period during which the Registration Statement is required to remain effective pursuant to the applicable provision above and not the subject of any stop order, injunction or other order of the SEC. Upon expiration of such period, no Holder will offer or sell the Registrable Securities under the Registration Statement. If directed in writing by the Company, each Holder will return or, in each such Holder’s sole discretion destroy, all undistributed copies of the applicable Prospectus in its possession upon the expiration of such period.

  • Purchase and Sale of Products (a) Pursuant to Purchase Orders issued by MLNA/MLMX, Supplier shall sell and deliver to MLNA/MLMX, and MLNA/MLMX shall purchase from Supplier, Products specified in Purchase Orders. Such purchases and sales shall be for Products and Prices set forth on Schedule A. Any Affiliate of MLNA/MLMX shall also be entitled to issue Purchase Orders and purchase Products from Supplier under the terms of this Agreement. Only the specific MLNA/MLMX Party issuing a Purchase Order will be liable to Supplier for obligations in connection with a Purchase Order. Neither MLNA or MLMX or any Affiliate of either of them will be liable to Supplier for any obligations of any other MLNA/MLMX Party or Affiliate. (b) During the term hereof, MLNA/MLMX may, but shall not be required to, provide Supplier with estimates or forecasts of MLNA/MLMX´s requirements for Products from Supplier. Any forecasts or estimates are for information purposes only and may be modified by MLNA/MLMX at any time and in its sole discretion. Any product quantities cited in or pursuant to this Agreement, except for quantities cited in a Purchase Order as firm, are preliminary and non-binding only. MLNA/MLMX makes no representation, warranty or agreement as to the quantity of products that it will purchase from Supplier, if any, or that MLNA/MLMX will buy Products exclusively from Supplier. (c) MLNA/MLMX shall issue Purchase Orders to Supplier and Supplier shall confirm to MLNA/MLMX the receipt of each Purchase Order issued hereunder (each, a "Confirmation") within [NUMBER] Business Days following Supplier's receipt thereof. Each Confirmation must reference MLNA/MLMX's Purchase Order number and confirm acceptance of the Purchase Order unless Supplier timely advises MLNA/MLMX that Supplier is unwilling to accept any terms or conditions in the applicable Purchase Order that conflict with the terms and conditions of this Agreement. If Supplier fails to issue a Confirmation within the time set forth above or otherwise commences performance under such Purchase Order, Supplier will be deemed to have accepted the Purchase Order. MLNA/MLMX may withdraw any Purchase Order prior to Supplier's acceptance (or deemed acceptance) thereof. (d) MLNA/MLMX may, in its sole discretion, on notice to Supplier, without liability or penalty, terminate all or any part of a Purchase Order with or without cause effective immediately or otherwise as specified in such notice. Upon any such termination, Supplier shall immediately cease work and purchasing materials relating to fulfilling the Purchase Order, and deliver to MLNA/MLMX on request all or any portion of Products under the relevant Purchase Order at the Prices. (e) MLNA/MLMX may, on notice to Supplier, request changes to a Purchase Order. On or before the second Business Day after receiving the request, Supplier shall submit to MLNA/MLMX its good faith description of the impact of such changes on the Basic Purchase Order Terms. MLNA/MLMX may then submit an amended Purchase Order reflecting all MLNA/MLMX-accepted changes.

  • Purchases and Sales Neither the Corporation nor any of its Subsidiaries has approved or has entered into any agreement in respect of (i) the purchase of any material property or assets or any interest therein or the sale, transfer or other disposition of any material property or assets or any interest therein currently owned by the Corporation or its Subsidiaries, whether by asset sale, transfer of shares or otherwise, (ii) any transaction which would result in the change of control (by sale or transfer of the shares or sale of all or substantially all of the property and assets) of the Corporation or any of its Subsidiaries, or (iii) a proposed or planned disposition of Common Shares or common shares of any of the Subsidiaries by any shareholder who owns, directly or indirectly, 10% or more of the outstanding Common Shares or of the outstanding common shares of any of the Subsidiaries.

  • 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.

  • Mergers and Sales of Assets Such Borrower shall not consolidate with or merge into any other Person or convey, transfer or lease (whether in one transaction or in a series of transactions) all or substantially all of its properties and assets to any Person, unless:

  • Marketing of Production Except for contracts listed and in effect on the date hereof on Schedule 7.19, and thereafter either disclosed in writing to the Administrative Agent or included in the most recently delivered Reserve Report (with respect to all of which contracts the Borrower represents that it or its Subsidiaries are receiving a price for all production sold thereunder which is computed substantially in accordance with the terms of the relevant contract and are not having deliveries curtailed substantially below the subject Property’s delivery capacity), no material agreements exist which are not cancelable on 60 days notice or less without penalty or detriment for the sale of production from the Borrower’s or its Subsidiaries’ Hydrocarbons (including, without limitation, calls on or other rights to purchase, production, whether or not the same are currently being exercised) that (a) pertain to the sale of production at a fixed price and (b) have a maturity or expiry date of longer than six (6) months from the date hereof.

  • PROMOTION AND TRANSFER 9:1 Employees may file requests, in writing, for promotion to the Working Xxxxxxx classification or for a Employees may file requests, in writing, for promotion to the Working Xxxxxxx classification or for a transfer to a new location in their present classification with the Office of the Company. Whenever a vacancy occurs, the Company will, before filling such vacancy, first give consideration to such requests and the following factors being sufficient give preference on the basis of seniority. (a) Company shall give consideration to applications for promotion and transfer to vacancies on the basis of seniority, ability, licenses, disciplinary history within the previous nine (9) months and qualifications. 9:2 Requests for promotion or transfer shall expire at the end of six (6) months from the time of receipt by Company unless the Company has within the six (6) month period, received a request for extension. If such request for promotion or transfer is offered and the employee refuses, the request becomes null and void and he/she shall resubmit his/her request no sooner than six (6) months after the original request. 9:3 Company may either promote a lower classification or transfer an employee in the same classification, if a job is not filled under Section 9:1. 9:4 Whenever a temporary vacancy occurs in any job classification, the Company may fill it by appointment. If practicable, the Company shall fill such vacancy with the senior qualified employee in the next lower classification within the headquarters. Temporary vacancies shall be those vacancies caused by the absence of an employee due to industrial injury, leave of absence, vacation or sick leave and additional jobs which the Company contemplates will be of ninety (90) days’ duration or less. 9:5 Whenever the Company establishes a new headquarters or additional crews, employees within that geographical division shall be notified a sufficient time in advance to enable them to file a request for transfer or promotion to the new headquarters or crew. The Supervisor in the geographical area will notify the area Business Representative of new crew locations. 9:6 Employees who accept a promotion to a new headquarters will indicate in writing that he understands that acceptance of the promotion establishes him in a new permanent headquarters without lodging.

  • Commercialization Intrexon shall have the right to develop and Commercialize the Reverted Products itself or with one or more Third Parties, and shall have the right, without obligation to Fibrocell, to take any such actions in connection with such activities as Intrexon (or its designee), at its discretion, deems appropriate.

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