Sales to Resellers Sample Clauses

Sales to Resellers. NetWolves shall direct all Anicom Resellers to buy Products from Anicom. In the event an Anicom Reseller elects not to buy from Anicom, NetWolves will provide Anicom with a written report concerning such events. In the event an Anicom Reseller elects not to buy from Anicom and purchases or leases Products from NetWolves, NetWolves agrees to pay to Anicom a commission on any such sales or leases equal to Anicom's gross profit that it would have recognized on such sale. As used herein, the term "gross profit" shall mean an amount equal (i) the amount that Anicom would have charged such Anicom Reseller based upon its recent sales of similar Products and historical sales to that Anicom Reseller, minus (ii) Anicom's discounted price from NetWolves then in effect pursuant to Section 8.2. Payment of the foregoing amount to Anicom will be made by NetWolves within forty five (45) days of the receipt of funds from such Anicom Reseller. Should NetWolves fail to pay any commissions when due, Anicom will charge interest on the outstanding commissions at the lower of 1-1/2% compounded monthly or the maximum rate permitted by law. ----------------------------------------------------- * Confidential portions omitted and filed separately with the Commission.
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Sales to Resellers. With respect to sales of Products to a ------------------ wholesaler or distributor who are not Affiliates ("Distributors"), Net Sales shall be calculated based upon the price paid by such Distributor, and no royalty shall be payable upon the Distributor's sales of such Products by the Distributor. With respect to sales of Products in bulk form to sublicensees other than Distributors, royalties shall be payable only upon the sublicensee's resale of such Products and not upon Salix's sale to the sublicensee. For the purposes of this Agreement, Astra and any Astra Associates (as defined the Salix/Astra Agreement) shall be deemed to be sublicensees and not Distributors.
Sample 1
Sales to Resellers. US Search understands and agrees that it will not sell any of the RiskWise Information Services to any reseller. A reseller is defined as a customer who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in the practice of creating, assembling, evaluating, or providing information, either directly or as a supplier to others, regarding at least two of the following items, which shall include but not be limited to: a person's social security number, mother's maiden name, current address, prior address, telephone number, birth date, criminal history, history of civil actions, driving records, vehicle information, past employment history, social security information, income level, tax records or history of voter registration. Companies that are considered resellers at the time this Agreement is executed include, for example, ***.
Sample 1
Sales to Resellers. During the term of this Agreement: Developer grants the Distributor the non-exclusive right to market and sell the Products provided by Distributor under this Agreement, in unaltered form, to dealers and resellers located in the United States and internationally. The Distributor may sell the Products only to dealers and resellers. No right or license to use, copy, or alter the Products is granted by this Agreement, except that Distributor may use a reasonable number of copies of each Product purchased pursuant to this Agreement for the purpose of demonstrating the Product to dealers and resellers.
Sample 1

Related to Sales to Resellers

  • Sales to Dealers You authorize the Manager to sell to Dealers (as defined below) such Securities purchased by you pursuant to the Underwriting Agreement as the Manager will determine. A “Dealer” will be a person who is: (a) a broker or dealer (as defined by FINRA) actually engaged in the investment banking or securities business, and (i) a member in good standing of FINRA, or (ii) a non-U.S. bank, broker, dealer, or other institution not eligible for membership in FINRA that, in the case of either clause (a)(i) or (a)(ii), makes the representations and agreements applicable to such institutions contained in Section 10.5 hereof, or (b) in the case of Offerings of Securities that are exempt securities under Section 3(a)(12) of the Securities Exchange Act of 1934 (the “1934 Act”), and such other Securities as from time to time may be sold by a “bank” (as defined in Section 3(a)(6) of the 1934 Act (a “Bank”)), a Bank that is not a member of FINRA and that makes the representations and agreements applicable to such institutions contained in Section 10.5 hereof. If the price for any such sales by the Manager to Dealers exceeds an amount equal to the Offering Price less the Selling Concession set forth in the applicable AAU, the amount of such excess, if any, will be credited to the accounts of the Underwriters as the Manager will determine.

  • Distributors The Manager shall make or cause to be made such arrangements as are expedient for the distribution of Units, having regard to the requirements of Applicable Laws and applicable stock exchange rules and regulations respecting such distribution of Units in the jurisdiction or jurisdictions in which they are to be distributed. It is understood and agreed that: (i) the Manager or the Investment Manager may distribute Units itself in the offering jurisdictions in which it is registered, or is exempt from such registration, under applicable Securities Legislation; and (ii) the Manager will retain the services of the Underwriters pursuant to the Underwriting Agreement to assist it in the distribution of the Units in the offering jurisdictions.

  • Efforts to Relet No re-entry or repossession, repairs, maintenance, changes, alterations and additions, reletting, appointment of a receiver to protect Landlord’s interests hereunder, or any other action or omission by Landlord shall be construed as an election by Landlord to terminate this Lease or Tenant’s right to possession, or to accept a surrender of the Premises, nor shall same operate to release Tenant in whole or in part from any of Tenant’s obligations hereunder, unless express written notice of such intention is sent by Landlord to Tenant. Tenant hereby irrevocably waives any right otherwise available under any law to redeem or reinstate this Lease.

  • Payments to Recipients The Distributor is authorized under the Plan to pay Recipients (1) distribution assistance fees for rendering distribution assistance in connection with the sale of Shares and/or (2) service fees for rendering administrative support services with respect to Accounts. However, no such payments shall be made to any Recipient for any period in which its Qualified Holdings do not equal or exceed, at the end of such period, the minimum amount (“Minimum Qualified Holdings”), if any, that may be set from time to time by a majority of the Independent Trustees. All fee payments made by the Distributor hereunder are subject to reduction or chargeback so that the aggregate service fee payments and Advance Service Fee Payments do not exceed the limits on payments to Recipients that are, or may be, imposed by the FINRA Rules. The Distributor may make Plan payments to any “affiliated person” (as defined in the 0000 Xxx) of the Distributor if such affiliated person qualifies as a Recipient or retain such payments if the Distributor qualifies as a Recipient.

  • Sales to Affiliates No securities of the Company have been sold by the Company or by or on behalf of, or for the benefit of, any person or persons controlling, controlled by, or under common control with the Company from its inception through and including the date hereof, except as disclosed in the Registration Statement, the Statutory Prospectus and the Prospectus.

  • TECHNICAL SUPPORT SERVICES 2.1 The technical support services (the "Services"): Party A agrees to provide to Party B the relevant services requested by Party B, which are specified in Exhibit 1 attached hereto ("Exhibit 1").

  • Products and Services Part 2.9(a) of the Disclosure Schedule accurately identifies and describes each Company Product currently being designed, developed, manufactured, marketed, distributed, provided, licensed, or sold by the Company.

  • Sales, Etc of Assets. Sell, lease, transfer or otherwise dispose of, or permit any of its Subsidiaries to sell, lease, transfer or otherwise dispose of, any assets, or grant any option or other right to purchase, lease or otherwise acquire any assets, except:

  • Payments to the Distributor In consideration of the payments made by the Fund to the Distributor under this Plan, the Distributor shall provide administrative support services and distribution assistance services to the Fund. Such services include distribution assistance and administrative support services rendered in connection with Shares (1) sold in purchase transactions, (2) issued in exchange for shares of another investment company for which the Distributor serves as distributor or sub-distributor, or (3) issued pursuant to a plan of reorganization to which the Fund is a party. If the Board believes that the Distributor may not be rendering appropriate distribution assistance or administrative support services in connection with the sale of Shares, then the Distributor, at the request of the Board, shall provide the Board with a written report or other information to verify that the Distributor is providing appropriate services in this regard. For such services, the Fund will make the following payments to the Distributor:

  • End Users LICENSEE agrees to require all direct recipients of Licensed Products to whom Licensed Products are sold, leased, or otherwise disposed of by LICENSEE or its sublicensees, to look only to LICENSEE and not to LICENSOR or its affiliates for any claims, warranties, or liability relating to such Licensed Products. LICENSEE agrees to take all steps to reasonably assure itself that Licensed Products sold, leased or otherwise disposed of by or for LICENSEE is being used for permitted purposes only.

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