Promotion, Marketing and Distribution. 9.1 From and after the Launch Date, CSR shall vigorously promote the sales of the Services to Subscribers within Canada, and to maximize such sales. CSR will aggressively advertise the Services within Canada in accordance with a marketing plan to be developed in consultation with XM within sixty (60) days after the Effective Date (or within 30 days after the Effective Date for the relevant portion of the marketing plan applicable to any early entry plan), which marketing plan shall be based upon the business plan of CSR concerning the expected ability of CSR to fund such costs with its current or expected financial resources.
9.2 CSR will develop, at its expense, promotional or other written materials relating to the Services (including, at CSR’s option, adapting materials supplied by XM for use in Canada). CSR will obtain XM’s prior written consent to each reference in its promotional materials to XM, other than those supplied by XM to CSR. CSR will not use advertisements referring to XM or XM’s satellite radio service, its content or its features, other than those supplied by XM to CSR, that have not been pre-approved in writing by XM. CSR hereby assigns to XM (or waives, as necessary) all its right, title and interest in all such modified materials, including but not limited to all related copyrights and moral rights therein.
9.3 CSR will at its expense: (i) upon the reasonable request of XM, attend and promote the Services jointly with XM in up to six of the industry trade shows, conventions and exhibits each year; (ii) attend significant sales meetings held by XM to which XM invites CSR with reasonable notice; and (iii) provide XM personnel periodic opportunities to provide sales and promotion information and make presentations in CSR's sales meetings. CSR will confer with XM from time to time at the request of XM on matters relating to market conditions, sales forecasting and product planning relating to the Services.
9.4 CSR will have primary responsibility, in consultation with XM, for maintaining relationships and negotiating distribution agreements for Canada with U.S.-based retailers that sell XM’s satellite radio services within the U.S. (such as the Canadian operations of Best Buy, Circuit City and Wal-Mart) and that have retail sales operations within Canada for such retailers to sell the Services offered by CSR within Canada. Prior to CSR authorizing any such retailer to sell the Services, CSR and XM shall discuss the commission, revenue sha...
Promotion, Marketing and Distribution
