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Promotion Distribution and Marketing Sample Clauses

Promotion Distribution and Marketing. 1.1. AOL PROMOTION OF AFFILIATED 1-800-FLOWERS SITES. AOL shall provide 1-800-FLOWERS with the promotions for the Affiliated 1-800-FLOWERS Sites described on Exhibit A hereto. Subject to 1-800-FLOWERS' approval (which shall not be unreasonably withheld), AOL shall have the right to fulfill its promotional commitments with respect to any of the foregoing promotions by providing 1-800-FLOWERS with comparable promotional placements in appropriate alternative areas of the same AOL Properties; PROVIDED, HOWEVER, that unless otherwise agreed upon by the Parties, any such comparable promotional placements shall be within the same Tier as the promotions for which such comparable promotional placements are being substituted. In addition, if AOL is unable to deliver any particular promotion, AOL shall work with 1-800-FLOWERS to provide 1-800-FLOWERS, as its sole remedy, with a comparable promotional placement (i.e., a placement which is not less valuable, in terms of the applicable CPM, than the promotion being replaced) within the same Tier (as described on Exhibit A to this Agreement). AOL reserves the right to redesign or modify the organization, structure, "look and feel," navigation and other elements of the AOL Network at any time. In the event such modifications materially and adversely affect any specific promotion, AOL shall work with 1-800-FLOWERS to provide 1-800-FLOWERS, as its sole remedy, a comparable promotional placement in the same Tier as the promotion being replaced. The promotions described on Exhibit A and any comparable promotions provided herein shall be referred to as the "Promotions." On a periodic basis (but in no event less than quarterly), the Parties shall review and modify, as applicable, the promotional plan for the Promotions in a continuing effort to have a current and effective promotional plan. In addition, in order to expand 1-800-FLOWERS' exposure on the AOL Network beyond the AOL-Controlled Areas, (i) AOL shall use commercially reasonable efforts to assist 1-800-FLOWERS in establishing promotional, marketing, advertising and/or distribution relationships with AOL's Content providers to permit 1-800-FLOWERS to be the provider to or through such entities of the Products described on Exhibit D hereto and (ii) the Parties shall work together in good faith to approach other entities (e.g., those entities in which AOL has an ownership interest) to promote, market and distribute the Products set forth on Exhibit D through such entities...
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Promotion Distribution and Marketing. Promotion of Co-Branded Site. AOL will provide DigitalWork with the promotions for the Co-Branded Site described on Exhibit A attached hereto. Subject to DigitalWork's reasonable approval, AOL will have the right to fulfill its promotional commitments with respect to any of the foregoing by providing DigitalWork comparable promotional placements in appropriate alternative areas of the AOL Network. In addition, if AOL is unable to deliver any particular Promotion, AOL will work with DigitalWork to provide DigitalWork, as its sole remedy, a comparable promotional placement. AOL reserves the right to redesign or modify the organization, structure, "look and feel," navigation and other elements of the AOL Network at any time. In the event such modifications materially and adversely affect any specific Promotion, AOL will work with DigitalWork to provide DigitalWork, as its sole remedy, a comparable promotional placement.
Promotion Distribution and Marketing. 1.1. AOL PROMOTION OF AFFILIATED 1-800-FLOWERS SITE. AOL will provide 1-800-Flowers with the promotions on XXX.xxx for the Affiliated 1-800-Flowers Site which are described on Exhibit A (the "Promotions"). AOL reserves the right to redesign or modify the organization, structure, "look and feel," navigation and other elements of the AOL Network at any time. In the event such modifications materially and adversely affect any specific Promotion, AOL will work with 1-800-Flowers to provide 1-800-Flowers, as its sole remedy, a comparable promotional placement (i.e., placement which is no less valuable than the Promotion being replaced).
Promotion Distribution and Marketing. 1.1. AOL Promotion of Affiliated B&N Site. As described more fully herein, AOL shall provide B&N with promotions through the AOL Network for the Affiliated B&N Site (the "Promotions"). The Promotions shall be generally in accordance with the Carriage Plan and other materials attached hereto as Exhibit G, subject to changes therein in AOL's reasonable editorial discretion which are (i) consistent with the mutual objectives, intentions and relationships of the Parties as set forth in this Agreement and (ii) designed to satisfy the sales and Impression thresholds and Level requirements set forth in this Agreement. Specific placements for Promotions will include an "Anchor Tenant" position within the *** integrated links to the Affiliated B&N Site from within the ***, and a placement during at *** of the aggregate Impressions each *** made on the ***. AOL reserves the right to redesign or modify the organization, structure, "look and feel," navigation, practices and other elements of the AOL Service at any time, provided that, if such redesign or modification materially and adversely affects the effectiveness of the Promotions in selling Products, AOL will provide the Promotions with comparable promotional placement to that existing during the Initial Term prior to such redesign or modification, reasonably satisfactory to B&N.
Promotion Distribution and Marketing. Promotion of Affiliated MP Site; Flexibility of Promotions. AOL -------------------------------------------------------------- shall provide MP with the promotions for the AOL Jump Pages and the Affiliated MP Site described on Exhibit A attached hereto (collectively referred to herein as the "Promotions"). AOL reserves the right (at its sole discretion) to (i) substitute for the Promotions to be delivered in a particular Level other promotions (in the same Level) in the same or different areas of the AOL Properties, and (ii) (x) substitute Impressions in one Level for those in another Level at an exchange ratio equal to the ratio of the respective CPM rates listed in Exhibit A for each Level (e.g., one Level I Impression can be substituted for the number of Level II Impressions that is calculated by dividing the CPM for Level I by the CPM for Level II). In addition, AOL reserves the right to redesign or modify the organization, structure, "look and feel," navigation and other elements of the AOL Network at any time.
Promotion Distribution and Marketing. Promotion of the Affiliated MP Sites. ----------------------------------------
Promotion Distribution and Marketing. 1.1. AOL PROMOTION OF AFFILIATED 1-800-FLOWERS SITES. AOL shall provide 1-800-FLOWERS with the promotions for the Affiliated 1-800-FLOWERS Sites described on Exhibit A hereto, which promotions the Parties shall mutually agree upon in writing on or before September 8, 2000 or another date (prior to the Effective Date) mutually agreed upon by the Parties, and attach as Exhibit A. The Parties agree that such promotions described in Exhibit A (the "Carriage Plan") will be designed to support a goal (i.e., not an obligation) of [****] for Year 1 of the Agreement, and the Parties also agree that the Carriage Plans going forward under this Agreement shall have the goal (i.e., not an obligation) of achieving at least [****] during the Initial Term; provided that in any case the Partiesexpressly acknowledge and agree that the ability to reach such goals may be the result of factors within the exclusive control of AOL (only to the extent of AOL's obligations under the Agreement and otherwise within AOL's exclusive control to promote and drive its users to the AOL Properties), 1-800-FLOWERS and/or third parties; and provided, further, that a failure to reach such goals is not a breach of this Agreement by AOL or 1-800-
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Promotion Distribution and Marketing. Promotion of ICP Areas. AOL will provide ICP with the Promotions -------------------------- described on Exhibit A. Subject to ICP's reasonable approval, AOL will have the right to fulfill its promotional commitments with respect to any of the Promotions by providing ICP comparable promotional placements in appropriate alternative areas of the AOL Network. In addition, if AOL is unable to deliver any particular Promotion, AOL will work with ICP to provide ICP, as its sole remedy, a comparable promotional placement. AOL reserves the right to redesign or modify the organization, structure, Look and Feel, navigation and other elements of any part of the AOL Network at any time, including without limitation, by adding or deleting channels, subchannels and/or screens and/or making fundamental changes to the Look and Feel, navigation or other elements of the portions of the AOL Network through which AOL provides Promotions to ICP. In the event such modifications materially and adversely affect any specific Promotion, AOL will work with ICP to provide ICP, as its sole remedy, a comparable promotional placement. Except to the extent expressly described herein, the exact form, placement, integration and nature of such Promotions shall be determined by AOL in its reasonable editorial discretion.
Promotion Distribution and Marketing 

Related to Promotion Distribution and Marketing

  • 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.

  • 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.

  • 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.

  • Sales and Marketing Subdistributor shall market, promote, and solicit orders for the Products to prospective and existing Customers (excluding the Excluded Customers) consistent with good business practice and the highest professional standards in the industry, in each case using its best efforts to maximize Product sales volume in the Territory in accordance with Distributor’s Product marketing strategies, channel and pricing guidelines, and sales policies, and in a manner that reflects favorably at all times on the Products and the good name, goodwill, and reputation of Distributor;

  • 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.

  • Commercialization Efforts The RECIPIENT shall, including whether through its own efforts or the efforts of a licensee under a License Agreement allowed by the terms of this Attachment, use diligent and commercially reasonable efforts to commercialize at least one Commercial Product or Commercial Service or otherwise bring to practical application the Project Results in accordance with the commercial development plan submitted with the Application and including any changes to such commercial development plan in accordance with Section D3.01. For the avoidance of doubt, partnering or licensing activities shall be considered to be efforts to commercialize.

  • Joint Marketing ‌ The parties will consult about undertaking joint marketing of the Customer’s Services and the Network.

  • 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.

  • Marketing Rights Neither the Company nor any of its Subsidiaries have granted rights to license, market, or sell its products or services to any other Person and is not bound by any agreement that affects the Company’s (or any Subsidiary’s) exclusive right to develop, distribute, market or sell its products or services.

  • Promotion A promotion shall mean the transfer of an employee to a higher level position of more responsibility as well as salary.

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