PROMOTIONAL AND ADVERTISING MATERIALS. The Company shall be solely responsible for designing, preparing and distributing at its sole expense all promotional materials and advertisements used by or on its behalf of it in the promotion and marketing of the Product. The Company shall be solely responsible for submitting, without BMS review, all promotional and advertising materials prepared by or for it to Governmental Entity for review and approval (as applicable). Notwithstanding any review or use of any promotional or advertising materials by BMS prior to the Effective Date, the Company will be solely responsible and liable for any failure arising after the Effective Date of such materials to comply with the applicable labeling and Product Registration and with applicable Law (including the Prescription Drug Marketing Act of 1987 (“PDMA”) and any amendments thereto), unless the failure to so comply is a result of BMS’ or its Affiliate’s act or omission with respect to such promotional and advertising materials, including packaging errors and omissions, in which case BMS shall be solely responsible and liable.
PROMOTIONAL AND ADVERTISING MATERIALS. The Parties shall disseminate in the Co-Promotion Countries only those promotional and advertising materials which have been provided or approved for use by the Marketing Committee. All such materials shall be consistent with the relevant Marketing Plan and Budget approved by the Executive Committee and neither Party shall make any claims or representations in respect of the Collaboration Products that have not been approved by the Marketing Committee.
PROMOTIONAL AND ADVERTISING MATERIALS. Jingfeng agrees to put the notation of “Licensed from Carbylan Biosurgery, Inc., USA” in English and in Mandarin and/or Cantonese, as applicable, clearly and distinctly on all packages and package inserts of, and major promotional and advertising materials for, the Licensed Products to the extent such notation is permissible in legal and regulatory aspects and is commercially reasonable.
PROMOTIONAL AND ADVERTISING MATERIALS. Each party shall submit to the ------------------------------------- other for its written approval all advertising and promotional copy prepared by or on behalf of either party pursuant to Section 1.03 hereof, via overnight delivery not less than ten (10) days prior to release for use or distribution. Any submission in response to which the reviewing party shall have delivered notice of disapproval to the submitting party within such ten (10) day period shall be deemed disapproved, and the submitting party shall not release such materials for use or distribution but shall be permitted to resubmit such samples and/or advertising and promotional materials for approval as necessary
PROMOTIONAL AND ADVERTISING MATERIALS. (a) Consistent with applicable law, the ICC shall have the right to approve any and all Product Promotional Materials, pursuant to mutually agreed upon procedures and timelines, which, to the extent practicable, shall be coordinated with both Wyeth-Ayerst's clearance procedures (i.e., Wyeth-Ayerst's Copy Clearance Committee) and Aviron's clearance procedures. The Parties shall establish a tracking system or utilize Wyeth-Ayerst's tracking system (if appropriate and mutually agreed), for Product Promotional Materials to ensure that all such Product Promotional Materials are accurately tracked and submitted to each Agency as required by applicable law.
(b) Wyeth-Ayerst will file all Product Promotional Materials with each Agency as required by applicable law.
(c) All Product Promotional Materials used by Wyeth-Ayerst in the Promotion of the Product in the Territory shall contain (i) the Primary Brand Trademark, and the Aviron corporate name and logo, and (ii) the Wyeth-Ayerst Trademarks, corporate name and logo, in positions of equivalent prominence and frequency, subject to Section 7.6(d) below, and subject to applicable law.
(d) During the term of the Agreement, Wyeth-Ayerst shall own all right, title and interest in and to the Product Promotional Materials, including all copyrights appurtenant thereto. Effective only upon the termination or expiration of this Agreement, Wyeth-Ayerst hereby assigns all of its right, title and interest in and to such Product Promotional Materials, including all copyrights appurtenant thereto, to Aviron, but excluding any Trademarks owned by Wyeth-Ayerst that are used by Wyeth-Ayerst prior to or during the term of this Agreement in connection with products other than the Product, which shall remain the property of Wyeth-Ayerst. Wyeth-Ayerst shall promptly execute all instruments necessary or useful to effect such assignment. Notwithstanding the foregoing, Wyeth-Ayerst shall have no obligation to assign any Product Promotional Materials to Aviron in the event that Wyeth-Ayerst terminates this Agreement pursuant to Section 18.2 or 18.5.
PROMOTIONAL AND ADVERTISING MATERIALS. The Parties shall disseminate in the USA only those promotional and advertising materials which have been provided or approved for use by the Joint Marketing Committee, the cost of which shall be the responsibility of Wyeth-Ayerst. All such materials shall be consistent with the relevant Marketing Plan approved by the Joint Marketing Committee and neither Party shall make any claims or representations in respect of the Product that have not been approved by the Joint Marketing Committee. All such written and visual materials and all documentary information, promotional material, and oral presentations (where practical) regarding the promotion of the Product will state this arrangement and will display the Wyeth-Ayerst and CoCensys names and logos with equal prominence, as permitted by applicable law.
PROMOTIONAL AND ADVERTISING MATERIALS. The parties shall disseminate in the Co-Promotion Country only those promotional and advertising materials which have been provided or approved for use by Warner, the cost of which shall be a Co-Promotion *Confidential treatment requested Expense of the party incurring such cost. All such materials shall be consistent with the relevant Marketing Plan and Budget approved by Warner and neither party shall make any claims or representations in respect of the applicable Collaboration Product that have not been approved by Warner. In all written or visual materials related to Collaboration Products co-promoted in the Co-Promotion Country which identify either of the parties, the parties will be presented and described to the medical communities (including, for example, the physician, pharmacy, governmental, reimbursement, and hospital sectors) as joining in the promotion of the Collaboration Product in such country. All such written and visual materials and all documentary information, promotional material, and oral presentations (where practical) regarding the promoting of the Collaboration Product being co-promoted in the Co-Promotion Country will state this arrangement and will display the Warner and CoCensys names and logos with equal prominence, as permitted by applicable law.
PROMOTIONAL AND ADVERTISING MATERIALS. (a) The Company shall be solely responsible for designing, preparing and distributing at its sole expense all promotional materials and advertisements used by or on behalf of it in the promotion and marketing of the products within the Product Line. The Company will ensure that such materials and advertisements comply with, and the Company will be solely responsible and liable for any failure of such materials to comply with, the applicable labeling and Product Registration for a given product in the Product Line and with applicable law and regulations, notwithstanding any prior review and/or use of such materials by BMS. The Company shall be solely responsible for submitting all promotional and advertising materials prepared by or for it to FDA for review and, where required by law, approval following review by BMS and for negotiating with FDA for approvals of such materials; provided, that BMS has submitted to FDA such authorization as may be required by law for the Company to submit such promotional and advertising materials (which BMS will use commercially reasonable efforts to effect as promptly as reasonably practicable after the Effective Date); and provided, further, that the Company shall promptly inform BMS of the substance of any responses received to such materials (and provide a copy of any written responses received from or sent to FDA with respect thereto).
(b) The Company shall have strategic responsibility and sole authority and responsibility at its expense for conducting and developing symposia, seminars, technical and scientific exhibits and other professional relations events with respect to the Product Line.
PROMOTIONAL AND ADVERTISING MATERIALS. To the extent DISTRIBUTOR so desires, Atio USA will furnish DISTRIBUTOR with copies of advertising, marketing and related literature and materials produced by Atio USA, in return for which DISTRIBUTOR will pay Atio USA an amount equal to Atio USA's actual cost of producing copies furnished to DISTRIBUTOR, plus shipping and related costs. DISTRIBUTOR may, at its own expense, produce advertising, marketing and related literature and materials pertaining to the CyberCall Products for the purposes of advertising and marketing the CyberCall Products, provided that DISTRIBUTOR and its Dealers make no unauthorized use of Atio USA's name or trademarks. DISTRIBUTOR will not make any claims or representations or give any warranties or guaranties regarding the CyberCall Products that are inconsistent with, or in addition to, those made by Atio USA, except at its own risk and liability.
PROMOTIONAL AND ADVERTISING MATERIALS. In recognition of the value of the Trademark to Midland USA and the loss and damage that Midland USA would incur from any improper or inappropriate use of the Trademark, Midland shall:
(a) Submit to Midland USA within one month after publication one copy of any promotional and advertising materials that use the Trademark or that refer to Midland USA or its Affiliates, except that Midland need not submit to Midland USA promotional and advertising materials that use the Trademark or which refer to Midland USA or its Affiliates in a manner substantially similar to promotional and advertising materials previously used by Midland or previously submitted and approved by Midland USA;
(b) Utilize its best efforts so that the Trademark is not used in any manner that is reasonably likely to be considered offensive or to tarnish the Trademark;
(c) Affix appropriate notations, when legally required, on any promotional or advertising materials that in any way relate or refer to the Trademark Products so as to confirm Midland USA's ownership and registration of the Trademark; and
(d) Take such other and additional reasonable actions, as Midland USA may from time to time reasonably request in order to protect the Trademark and the value to the Trademark to Midland USA. For purposes of this Section 5, "promotional and advertising materials" shall include, without limitation, catalogues, labeling and packaging materials, sales literature and similar items.
