Promotional Materials/Press Releases. Each Party will submit to the other Party, for its prior written approval, which shall not be unreasonably withheld or delayed, any marketing, advertising, press releases and all other promotional materials related to the Online Area and/or referencing the other Party and/or its trade names, trademarks, and service marks (the "Materials"); provided, however, that either Party's use of screen shots of the Online Area for promotional purposes shall not require the approval of the other Party so long as the AOL Network is clearly identified as the source of such screen shots. Each Party shall solicit and reasonably consider the views of the other Party in designing and implementing such Materials. A Party whose approval is sought shall respond within five (5) business days of its receipt of the Materials. If such Party fails to respond within such five-day period, then its consent shall be deemed given. Once approved, the Materials may be used during the term of this Agreement by a Party and its affiliates for the purpose of promoting the Online Area and the content contained therein and reused for such purpose until such approval is withdrawn with reasonable prior notice. No press release, public announcement, confirmation or other public statement regarding this Agreement or the contents hereof shall be made without the prior written consent of the other Party, which consent shall not be unreasonably withheld. It is agreed and understood that the Parties shall work together to prepare a press release to be issued as soon as reasonably possible following execution hereof and in no event more than ten (10) business days thereafter. Notwithstanding the foregoing, either Party may issue a press release or other disclosure without the consent of the other Party, if such disclosure is required pursuant to Section 6 (and in accordance therewith).
Appears in 3 contracts
Samples: Interactive Marketing Agreement (1 800 Flowers Com Inc), Interactive Marketing Agreement (1 800 Flowers Com Inc), Interactive Marketing Agreement (1 800 Flowers Com Inc)
Promotional Materials/Press Releases. Each Party will submit to the ------------------------------------ other Party, for its prior written approval, which shall not be unreasonably withheld or delayed, any marketing, advertising, press releases and all other promotional materials related to the Online Area and/or referencing the other Party and/or its trade names, trademarks, and service marks (the "Materials"); provided, however, that either Party's use of screen shots of the Online Area for promotional purposes shall not require the approval of the other Party so long as the AOL Network is clearly identified as the source of such screen shots. Each Party shall solicit and reasonably consider the views of the other Party in designing and implementing such Materials. A Party whose approval is sought shall respond within five (5) business days of its receipt of the Materials. If such Party fails to respond within such five-day period, then its consent shall be deemed given. Once approved, the Materials may be used during the term of this Agreement by a Party and its affiliates Affiliates for the purpose of promoting the Online Area and the content Content contained therein and reused for such purpose until such approval is withdrawn with reasonable prior notice. No press release, public announcement, confirmation or other public statement regarding this Agreement or the contents hereof shall be made without the prior written consent of the other Party, which consent shall not be unreasonably withheld. It is agreed and understood that the Parties shall work together to prepare a press release to be issued as soon as reasonably possible following execution hereof and in no event more than ten (10) business days thereafter. Notwithstanding the foregoing, either Party may issue a press release or other disclosure without the consent of the other Party, if such disclosure is required pursuant to Section 6 (and in accordance therewith). In addition, the Parties agree that they will issue a mutually agreed initial press release announcing this Agreement and the Database Agreement on a mutually agreed date no earlier than September 29, 1997, and no later than October 15, 1997; provided that in the event no such release has been issued as of October 15, 1997, neither Party shall be deemed in breach of the Agreement, and either Party shall be entitled to issue its own release pursuant to the terms of this Agreement.
Appears in 2 contracts
Samples: Interactive Services Agreement (Preview Travel Inc), Interactive Services Agreement (Preview Travel Inc)