Common use of Promotional Duties Clause in Contracts

Promotional Duties. (a) DISTRIBUTOR shall (i) exert its best efforts consistent with sound business planning and projected profitability and sales potential to introduce and diligently advertise, promote, sell, distribute, and service (collectively, "Marketing") the PRODUCT, (ii) make use of, and disseminate to its existing customers, and to potential purchasers, all promotional materials, if any, supplied by MACH 3, and (iii) cooperate with MACH 3 in activities directed toward the Marketing of the PRODUCT. At MACH 3's request, DISTRIBUTOR shall make immediately available to MACH 3 copies of all print and electronic Marketing materials used by it for the PRODUCT. (b) DISTRIBUTOR shall at all times demonstrate and otherwise represent the PRODUCT fairly and accurately in comparison with competitive products from other manufacturers, shall make no false or misleading representations with regard to the PRODUCT, and shall not make any representations with respect to the specifications, features or capabilities of the PRODUCT which is not consistent with those described in the product literature or other material supplied by MACH 3. (c) MACH 3 shall assist DISTRIBUTOR in its efforts by making available reasonable quantities of such marketing materials as MACH 3 has developed and/or jointly developing such marketing materials with DISTRIBUTOR as DISTRIBUTOR may recommend.

Promotional Duties. (a) DISTRIBUTOR shall (i) exert its best efforts consistent with sound business planning and projected profitability and sales potential to introduce and diligently advertise, promote, sell, distribute, and service (collectively, "Marketing") the PRODUCT, (ii) make use of, and disseminate to its existing customers, and to potential purchasers, all promotional materials, if any, supplied by MACH 3, and (iii) cooperate with MACH 3 in activities directed toward the Marketing of the PRODUCT. At MACH 3's request, DISTRIBUTOR shall make immediately available to MACH 3 copies of all print and electronic Marketing materials used by it for the PRODUCT. (b) DISTRIBUTOR shall at all times demonstrate and otherwise represent the PRODUCT fairly and accurately in comparison with competitive products from other manufacturers, shall make no false or misleading representations with regard to the PRODUCT, and shall not make any representations with respect to the specifications, features or capabilities of the PRODUCT which is not consistent with those described in the product literature or other material supplied by MACH 3. (c) MACH 3 shall assist DISTRIBUTOR in its efforts by making available reasonable quantities of such marketing materials as MACH 3 has developed and/or jointly developing such marketing materials with DISTRIBUTOR as DISTRIBUTOR may recommend.