Sales and Marketing Practices Sample Clauses

Sales and Marketing Practices. RETAILERS, DISTRIBUTORS, ODMs AND END USERS 2.2.1 Intel shall not Award any Benefit that is conditioned, orally, in writing, or through some other express or implied mutual understanding, on a non-customer Third Party (including without limitation any retailer, distributor, original design manufacturer (“ODM”), original equipment manufacturer (“OEM”), system integrator and value added reseller, but excluding any direct customer and any end user (hereinafter, collectively, “Non-Customer Third Party”) limiting or restricting, or agreeing to be limited or restricted in, the Non-Customer Third Party’s freedom to satisfy any or all of its demand for microprocessors for Computer Products through the Non-Customer Third Party’s: a. exclusive use of Intel Microprocessors, platforms for Computer Products that include Intel Microprocessors, or Computer Products containing Intel Microprocessors in all of its business, or in any geography, market segment, product segment, outlet or distribution channel; or b. limiting, depositioning or delaying its purchase or use of Specified AMD Products on a geographic, platform, market segment, distribution channel, volume, share of purchase, or any other basis. PROVIDED, HOWEVER, that nothing in this Section 2.2.1 shall limit Intel’s right (i) to compete on the merits for selection by a Non-Customer Third Party for any design win or for satisfaction of any of Non-Customer’s Third Party’s then-current demand for microprocessors or (ii) to condition such a Benefit on the exclusive use of Intel Microprocessors in a segment or channel where (a) Intel is making a significant, bona fide investment to enable the Non-Customer Third Party’s entry into a segment or channel, (b) the period of exclusivity is no longer than reasonably necessary for Intel to receive a reasonable commercial return on its Non-Customer Third Party-specific investment in such entry and (c) all of the terms and conditions of such exclusive arrangement, including without limitation its duration and all related consideration, are set forth in a written instrument executed both by Intel and the Non-Customer Third Party. 2.2.2 Intel shall not Award any Benefit that is conditioned orally, in writing or through some other express or implied mutual understanding, on a Non-Customer Third Party’s: a. limiting, depositioning or delaying its purchase, sale, design, development, marketing, promotion, launch, production, distribution, branding, advertising, exhibition, offer or ...
Sample 1
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Sales and Marketing Practices. The Company shall (a) maintain a system reasonably designed and operated to detect and deter material violations of state and federal timeshare sales and marketing practice regulations, and (b) promptly notify Designated Representative of any regulatory inquiry or action, if such inquiry or action could reasonably be expected to have a Material Adverse Effect; provided that such disclosure shall be made in a manner consistent with the Company's privacy protection obligations. Signage . The Company agrees that subsequent to an Event of Default and upon Agent's or a designee's successful foreclosure on the Completed Inventory Collateral, Agent or the Designated Representative may on behalf of the Holders in its sole discretion remove any signage identifying the Resort and substitute new signage at the Resort at the Company's sole expense. Nonconsolidation. Each of Bluegreen Corporation and TFRI will take all actions required to maintain TFRI's status as a separate legal entity, including the following actions:
Sample 1
Sales and Marketing Practices. CUSTOMERS 2.1.1 Intel shall not award, offer, grant, pay or extend (hereinafter, collectively, “Award”) any discount, rebate, or other financial or non-financial benefit, inducement or consideration of any kind (hereinafter, collectively, “Benefit”), that is conditioned orally, in writing or through some other express or implied mutual understanding between Intel and the customer, on the customer limiting or restricting, or agreeing to be limited or restricted in, its freedom to satisfy any or all of its demand for microprocessors for Computer Products through the customer’s: a. exclusive use of x86 Intel Microprocessors, or platforms for Computer Products that include Intel Microprocessors, in all of its business, or in any geography, market segment, product segment, or distribution channel; or b. limiting or delaying its purchase or use of Specified AMD Products on a geographic, platform, market segment, distribution channel, volume, share of purchase, or any other basis. PROVIDED, HOWEVER, that nothing in this Section 2.1.1 shall limit Intel’s right (i) to lawfully compete on the merits for selection by the customer for any then-current design award or for satisfaction of any or all of the customer’s then-current demand for microprocessors in a manner consistent with this Agreement or (ii) to condition a Benefit on the exclusive use of Intel microprocessors in a segment or channel where (a) Intel is making a significant, bona fide investment to enable the customer’s entry into such segment or channel, (b) the period of exclusivity is no longer than necessary for Intel to receive a reasonable commercial return on its customer-specific investment in such entry and (c) all of the terms and conditions of such exclusive arrangement, including without limitation its duration and all related consideration, are set forth in a written instrument executed both by Intel and the customer. Nothing in this Section 2.1.1 or any other term in this Agreement shall be construed to constitute AMD’s acquiescence in Intel’s right to engage in any of the conduct described as contested in Section 3.5, and AMD reserves all rights to seek redress for any such conduct occurring after the Effective Date. 2.1.2 Intel shall not Award any Benefit that is conditioned orally, in writing or through some express or implied mutual understanding, on a customer’s: a. limiting, depositioning or delaying its marketing, promotion, launch, advertising, production, distribution, sale or brandin...
Sample 1
Sales and Marketing Practices. Reseller will at all times perform hereunder in a professional manner and in accordance with this Agreement and any guidelines issued by Zettagrid. Reseller will: (a) conduct business in a manner that reflects favourably at all times on the Resell Services and the good name, goodwill and reputation of Zettagrid; (b) avoid deceptive, misleading or unethical practices that are or might be detrimental to Zettagrid, the Resell Services or the public, including but not limited to disparagement of Zettagrid or the Resell Services ; (c) make no false or misleading representation with respect to Zettagrid or the Resell Services ; and (d) make no representation with respect to Zettagrid or the Resell Services that are inconsistent with Zettagrid’s end user descriptions of the Resell Services as outlined on its web site xxx.xxxxxxxxx.xxx , promotional materials and other literature distributed by Zettagrid, including all liability limitations and disclaimers contained in such materials; (e) avoid marketing efforts that are competitive with Zettagrid’s marketing efforts; (f) agree to immediately alter or cease any relevant marketing efforts at the will of Zettagrid at any time.
Sample 1
Sales and Marketing Practices. All sales and marketing activities of the Material Parties with respect to the Inventory Collateral currently comply and in the future shall comply in all material respects with all applicable Legal Requirements. Borrower or the Marketing Agent shall at all times maintain an active sales and marketing force and program for the sale of Timeshare Interests at the Sales Center until all Obligations are paid in full. Borrower will sell or offer for sale Timeshare Interests only in the states and jurisdictions where Borrower has first obtained necessary regulatory approvals from time to time.
Sample 1
Sales and Marketing Practices. Reseller will at all times perform hereunder in a professional manner and in accordance with this Agreement and any guidelines issued by Hosted Network. Reseller will: (a) conduct business in a manner that reflects favourably at all times on the Resell Services and the good name, goodwill and reputation of Hosted Network; (b) avoid deceptive, misleading or unethical practices that are or might be detrimental to Hosted Network, the Resell Services or the public, including but not limited to disparagement of Hosted Network or the Resell Services ; (c) make no false or misleading representation with respect to Hosted Network or the Resell Services ; and (d) make no representation with respect to Hosted Network or the Resell Services that are inconsistent with Hosted Network’s end user descriptions of the Resell Services if outlined on its web site xxx.xxxxxxxxxxxxx.xxx.xx, promotional materials and other literature distributed by Hosted Network, including all liability limitations and disclaimers contained in such materials.
Sample 1

Related to Sales and Marketing Practices

  • Sales and Marketing Subdistributor shall market, promote, and solicit orders for the Products to prospective and existing Customers (excluding the Excluded Customers) consistent with good business practice and the highest professional standards in the industry, in each case using its best efforts to maximize Product sales volume in the Territory in accordance with Distributor’s Product marketing strategies, channel and pricing guidelines, and sales policies, and in a manner that reflects favorably at all times on the Products and the good name, goodwill, and reputation of Distributor;

  • Manufacturing and Marketing Rights The Company has not granted rights to manufacture, produce, assemble, license, market, or sell its products to any other person and is not bound by any agreement that affects the Company's exclusive right to develop, manufacture, assemble, distribute, market, or sell its products.

  • Promotion and Marketing For the purpose of promotion and marketing, the Borrower hereby authorizes and consents to the reproduction, disclosure and use by the Lenders and the Agent of its name, identifying logo and the Facilities. The Borrower acknowledges and agrees that the Lenders shall be entitled to determine, in their sole discretion, whether to use such information; that no compensation will be payable by the Lenders or the Agent in connection therewith; and that the Lenders and the Agent shall have no liability whatsoever to it or any of its employees, officers, directors, affiliates or shareholders in obtaining and using such information as contemplated herein.

  • Advertising and Marketing Except in so far as herein expressly provided, the Service Provider shall not make or issue any formal or informal announcement (with the exception of Stock Exchange announcements), advertisement or statement to the media in connection with this Agreement or otherwise disclose the existence of this Agreement or the subject matter thereof to any other person without the prior written consent of SARS.

  • Marketing Services The Manager shall provide advice and assistance in the marketing of the Vessels, including the identification of potential customers, identification of Vessels available for charter opportunities and preparation of bids.

  • Marketing and Promotion The School will be responsible for marketing and promoting the Sports Facilities in accordance with the agreed aims and targets. A marketing strategy will be prepared and implemented and reviewed on an annual basis.

  • Manufacturing Standards All forest products except poles, produced and sold under this contract will be manufactured to maximize the amount of logs meeting preferred log lengths and to achieve the average log length listed. 97318 3 WS "WS" indicates that west side scaling rules apply. Minimum trim is 8 inches per scaling segment for west side scaling rules. "ES" indicates that east side scaling rules apply. Minimum trim is 4 inches per scaling segment for east side scaling rules. Poles produced under this contract will be manufactured to ANSI specifications (American National Standard Specifications and Dimensions for Wood Poles), in force at the time of signing this contract. a. Sweep will be limited to within the bole of the log as measured using a tape stretched between the centers of each end of the log. b. Logs approved by the state for peelers shall be chuckable with no more than a 2 inch diameter area of rot within a 5 inch diameter circle located at the center of either end of the log. c. Limbs and knots shall be cut flush, with no more than 15 percent of a log having limbs or knots over 2 inches in diameter extending more than 2 inches above the surface of the log.

  • Training and Professional Development 11.1 The Employer will develop and maintain an employee training and development plan and provide such plan to the Union upon request. Staff training is intended to provide an opportunity for classified staff employees for training sponsored by the University Training and Development and the UW Medical Centers Organizational Development and Training. Education/Professional Leave is intended to facilitate employee access to continuing education opportunities. Training and educational/professional leave may be used for the purpose of improving job performance, maintaining and increasing proficiency, preparing staff for greater responsibility, or increasing promotional opportunities within the framework of staff positions available at the University. 11.2 Any release time for training for employees accepted for such classes shall be in accordance with the Executive Order (currently No. 52) governing this matter. In the event that two or more employees request the same training period and supervision must limit the number of persons who may participate at one time due to work requirements, the selection will be made on a mutually agreeable basis within the department. 11.3 The training program is a proper subject for discussion by either departmental or University-wide Joint Union/Management Committees. 11.4 If the Employer requires an employee to receive training, reimbursement will be provided in accordance with the University travel rules. Employee attendance at Employer required training, either during or outside working hours, will be considered time worked and compensated in accordance with the provisions of this Agreement. 11.5 Employee attendance at training not required by the Employer and not covered by Executive Order 52, either on approved leave from or outside of working hours, will be voluntary and not considered time worked.

  • Packing and Marking All material and equipment to be furnished by the Contractor shall be packed, crated or otherwise suitably protected to withstand shipment undamaged to the destination. Each package, crate or part shall be marked plainly with the name of the consignee, shipping destination, the Owner's order number, and such other markings as are required. Complete packing lists, one copy with each package and two (2) copies by mail to the Owner at time of shipment, shall be supplied showing contents and identity of each package.

  • Procurement of Goods and Services (a) If the HSP is subject to the procurement provisions of the BPSAA, the HSP will abide by all directives and guidelines issued by the Management Board of Cabinet that are applicable to the HSP pursuant to the BPSAA. (b) If the HSP is not subject to the procurement provisions of the BPSAA, the HSP will have a procurement policy in place that requires the acquisition of supplies, equipment or services valued at over $25,000 through a competitive process that ensures the best value for funds expended. If the HSP acquires supplies, equipment or services with the Funding it will do so through a process that is consistent with this policy.

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