Common use of Promotion of Products Clause in Contracts

Promotion of Products. (a) Distributor agrees to diligently promote and cause its Franchise Dealers to diligently promote the sale of Products, including through advertisements, all in accordance with the terms of this Agreement. Distributor hereby acknowledges and agrees that, notwithstanding anything set forth herein to the contrary, to insure the integrity of ExxonMobil trademarks, products and reputation, Global and ExxonMobil shall have the authority to review and approve, in their sole discretion, all forms of advertising and sales promotions that will use media vehicles for the promotion and sale of any product, merchandise or services, in each case that (i) uses or incorporates any Proprietary Xxxx or (ii) relates to any Business operated at a Distributor Mobil- Branded Outlet. Furthermore, for any significant advertising campaign, sponsorship and/or promotion, Distributor shall submit in advance to Global and ExxonMobil or their respective designee, for their written approval, all materials prepared by or for Distributor. These materials may include, but are not limited to, any media (including TV, radio, internet or print), professional or collegiate sports affiliations, and cultural or civic sponsorships that would have regional or national reach and are associated with any ExxonMobil brand, whether directly or indirectly. Approval will be granted (or not) within fifteen (15) business days from Global’s receipt of a request from Distributor. If no written approval is received from Global within the applicable fifteen-business-day period, then the request shall be deemed denied. Global’s consent shall be conditioned upon Global obtaining any required consent from ExxonMobil pursuant to the BFA. Distributor shall expressly require all Franchise Dealers to (a) agree to such review and control by Global and (b) comply with the notice requirements set forth in this Section. Distributor shall be responsible for compliance (both by Distributor and by its Franchise Dealers) with any and all applicable federal, state, county or local advertising laws, statutes, ordinances, codes, regulations, rules, orders, or permits.

Appears in 2 contracts

Samples: Distributor Pmpa Franchise Agreement, Distributor Pmpa Franchise Agreement (Global Partners Lp)

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Promotion of Products. (a) Distributor BFA Holder agrees to diligently promote and cause its Franchise Dealers to diligently promote the sale of Products, including through advertisements, all in accordance with the terms of this Agreement. Distributor BFA Holder hereby acknowledges and agrees that, notwithstanding anything set forth herein to the contrary, to insure the integrity of ExxonMobil trademarks, products and reputation, Global and ExxonMobil shall have the authority to review and approve, in their its sole discretion, all forms of advertising and sales promotions that will use media vehicles for the promotion and sale of any product, merchandise or services, in each case that (i) uses or incorporates any Proprietary Xxxx or (ii) relates to any Business operated at a Distributor Mobil- BFA Holder Branded Outlet. Furthermore, for any significant advertising campaign, sponsorship and/or promotion, Distributor BFA Holder shall submit in advance to Global and ExxonMobil or their respective its designee, for their its written approval, all materials prepared by or for DistributorBFA Holder. These materials may include, but are not limited to, any media (including TV, radio, internet or print), professional or collegiate sports affiliations, and cultural or civic sponsorships that would have regional or national reach and are associated with any ExxonMobil brand, whether directly or indirectly. Approval will be granted (or not) within fifteen ten (1510) business days from GlobalExxonMobil’s receipt of a request from DistributorBFA Holder. If no written approval is received from Global ExxonMobil within the applicable fifteenten-business-day period, then the request shall be deemed denied. Global’s consent shall be conditioned upon Global obtaining any required consent from ExxonMobil pursuant to the BFA. Distributor BFA Holder shall expressly require all Franchise Dealers to (a) agree to such review and control by Global ExxonMobil and (b) comply with the notice requirements set forth in this Section. Distributor BFA Holder shall be responsible for compliance (both by Distributor BFA Holder and by its Franchise Dealers) with any and all applicable federal, state, county or local advertising laws, statutes, ordinances, codes, regulations, rules, orders, or permits.

Appears in 2 contracts

Samples: Brand Fee Agreement (Global Partners Lp), Brand Fee Agreement (Global Partners Lp)

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