Sales Practices. No person shall use any sales aids, promotional material, or sales literature with respect to Contracts or Shares which have not been specifically approved in advance by the Distributor and the Company. No person shall, in connection with the offer or sale of the Contracts, make any representations regarding the Contracts, the Accounts, the Shares, the Company, Fortis Advisers, Inc., or the Distributor, which are not authorized by the Company and the Distributor or contained in a then-effective Registration Statement of the Account or Fortis Series Fund, Inc. under the 1933 Act (“Registration Statement”).
Sales Practices. No person shall use any sales aids, promotional material, or sales literature with respect to Contracts or Shares which have not been specifically approved in advance by the Distributor and the
Sales Practices. SBC California and ASI adhere to strict standards and practices regarding the protection of end user information. These standards are reiterated in SBC Communications Inc.’s policy on CPNI (“customer proprietary network information”) compliance and Code of Conduct, as amended from time to time. SBC California and ASI will continue to monitor and apply the appropriate level of discipline for Code of Conduct violations, up to and including dismissal. ISPs will promptly provide examples of perceived breaches of the Code of Conduct (a copy of which has been provided to CISPA) and inappropriate sales practices to the Ombudsperson’s office. SBC California and ASI will select an independent third party reasonably acceptable to CISPA to review ASI and SBC California’s process and procedures associated with access to and use of the ISP’s information regarding end users; provided, however, that ASI and SBC California will not be required to permit monitoring or audit activities which conflict with their obligations under agreements with union-represented employees. ASI, SBC California and CISPA will each receive statistical information from the third party regarding the results of such review. CISPA, however, shall not be entitled to receive any individually-identifiable information about SBC California’s or ASI’s employees, agents, consultants or representatives from the third party. The results of the third party review shall be confidential. Nothing in this paragraph should be construed to prevent CISPA, SBC California or ASI from responding to discovery propounded upon it by a third party or to otherwise prevent it from complying with a legal obligation to provide information to the CPUC or any third party pursuant to any compulsory legal process. With respect to the third party review described above, the first step will be for CISPA, SBC California and ASI to agree on a review process. After the agreed-upon process has been completed, if the third party review reveals that problems, if any, are de minimus, there will be no further third party reviews.
Sales Practices. The Seller and its Affiliates are in compliance with all applicable laws (including rules and regulations but excluding licensing requirements) of federal, state, local and foreign governments (and all agencies thereof) with respect to their sales practices related to the sale of Insurance Products (as hereinafter defined) of the Business, except where such violation or non-compliance would not reasonably be expected to have a Material Adverse Effect.
Sales Practices. The Distributor will use its best efforts to assure that no person uses any sales aids, promotional material, or sales literature with respect to Contracts that have not been specifically approved in advance by the Distributor and the Company. The Company will be responsible for filing such items, as necessary, with any insurance regulatory authorities and, where necessary, obtaining approvals of said authorities. Distributor will use its best efforts to assure that no person, in connection with the offer or sale of the Contracts, makes any representations regarding the Contracts, the Sub-Accounts, the Company, shares of the Funds, the Funds, or the Distributor, which are not either then authorized by the Company and the Distributor or contained in a then-effective Registration Statement relating to the Separate Accounts and the offering of the Contracts (the "Registration Statement").
Sales Practices. Retailer shall conduct its business in a reasonable and ethical manner at all times and shall not engage in any deceptive, misleading, or unethical practices or advertising at any time. Retailer shall not make any warranties or representations concerning the Products except as expressly authorized by PurWell. Retailer shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of the Products. Retailer shall represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of PurWell.
Sales Practices. Since June 30, 2009, no Seller has sold or agreed to sell any Products (i) accompanied by payment, pricing or shipment terms (e.g., deferred due dates, reduced pricing or payment discounts) that are outside the ordinary course of business consistent with past practice, (ii) to any Affiliate outside the ordinary course of business consistent with past practice, (iii) accompanied by an agreement, whether written or oral, to provide advertising support outside the ordinary course of business, (iv) accompanied by return rights outside the ordinary course of business consistent with past practice or (v) has reduced promotions, credits or incentives with respect to the Products other than in the ordinary course of business consistent with past practice. Since June 30, 2009, Sellers have not modified the sales representative compensation program with respect to the Products in a manner that would reasonable be expected to materially reduce or otherwise have a material negative impact on the benefits granted thereunder to employees or sales representatives.
Sales Practices. 4.10.1 Except for such other prior course of dealing as the parties may have mutually determined to establish (which the parties will cooperate to appropriately document following the Amendment No. 8 Effective Date):
(a) Purchaser shall promptly refer to Sears any Cardholder complaint regarding the quality of Merchandise or otherwise related to Sears;
(b) Sears shall promptly refer to Purchaser any Cardholder complaint regarding a Former NR/TY Card account or otherwise related to Purchaser;
(c) Each party shall track complaints received by it from or on behalf of Former NR/TY Card cardholders or from any Governmental Authority in a manner that enables it to determine if it receives an inordinate amount of complaints regarding a particular matter so that such party (i) can determine if there is an issue related to this New Merchant Agreement and (ii) use commercially reasonable efforts to promptly correct problems; and
(d) Sears will submit sufficient, timely, and usable information regarding its complaint tracking to enable Purchaser to analyze complaint activity and trends for risk management purposes.
4.10.2 [***]
4.10.3 Sears shall train [***] its employees and the employees of its Affiliates having any involvement with the Program so as to be able to properly fulfill Sears’s and the Affiliates’ responsibilities under this New Merchant Agreement, including compliance with applicable Law, the Rules and any other written instructions provided by Purchaser under this New Merchant Agreement. Purchaser shall have the right to review all of Sears’s training materials and sessions, and Sears shall implement any reasonable recommendations made by Purchaser with respect to such materials and sessions. Sears shall conduct its training [***] to ensure that all such employees are properly trained in all relevant aspects of this New Merchant Agreement. Sears shall also conduct additional training as requested by Purchaser if Purchaser reasonably determines that employees of Sears or its Affiliates are not complying with applicable Law, the Rules, or other written instructions of Purchaser relating to this New Merchant Agreement. Sears shall track and maintain evidence of all such trainings and provide evidence of such trainings to Purchaser as reasonably requested by Purchaser.
4.10.4 Notwithstanding anything to the contrary herein, Purchaser, after consultation with Sears, may take any actions and make any changes to this New Merchant Agreement required to comply w...
Sales Practices. Resellers shall conduct their business in a reasonable and ethical manner at all times and shall neither engage in any deceptive, misleading, or unethical practices or advertising at any time, nor make any warranties or representations concerning the products except as expressly authorized by PowerMax. Resellers shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of PowerMax products;
Sales Practices. Sell Goods on the basis of any of the --------------- following: a sale on extended terms, "dating," a xxxx-and-hold sale, a consignment sale, a sale and return, a "guaranteed sale" (i.e., one in which Borrower guarantees resale by ---- vendee or agrees to accept return of the Goods), or any other sale pursuant to which Borrower agrees to accept the return of Goods, or to exchange the same upon the happening of any event other than failure to conform with quality specifications except where Lender first has been advised of such proposed transaction and consented thereto in writing.
