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Shops, Stores, Retail Outlets Sample Clauses

Shops, Stores, Retail Outlets. The Licensed Products sold by Licensee may be sold only to those specialty shops, department stores and retail outlets which carry high quality and prestige merchandise and whose operations are consistent with Licensor's reputation and its sales policies and with the prestige of the Trademark and only to those customers expressly approved by Licensor. Prior to the opening of each selling season (and whenever Licensee shall wish to sell Licensed Products to customers not previously approved by Licensor), Licensee shall submit a written list of the proposed customers to Licensor for Licensor's prior written approval, which approval may be given or withheld at Licensor's sole discretion, based upon whether it deems that the proposed customer shall enhance the quality and prestige of the Trademark. Licensor shall have the right to withdraw any such approval on thirty (30) days written notice to Licensee. Licensee shall not (a) market or promote or seek customers for the Licensed Products outside of the Territory; (b) establish a branch, wholly owned by subsidiary, distribution or warehouse with inventories of Licensed Products outside of the Territory; (c) sell or distribute any Licensed Products to wholesalers, jobbers, diverters, catalog vendors or any other entity which does not operate retail stores exclusively; (d) use the Licensed Products as giveaways, prizes or premiums, except for promotional programs which have received the prior written approval of Licensor; or (e) sell the Licensed Products to any third party or Affiliate of Licensee or any of its directors, officers, employees or any person having an equity participation in or any other affiliation to Licensee, without the prior written approval of Licensor. Licensee shall include and shall enforce the following on all invoices to its customers:
Shops, Stores, Retail OutletsSubject to § 6.14, the Licensed Products sold by the Licensee may be *** Nothing herein shall be deemed to *** CONFIDENTIAL TREATMENT
Shops, Stores, Retail OutletsSubject to § 6.14, the Licensed Products sold on a wholesale basis by the Licensee may be sold only to those specialty shops, department store and retail outlets which meet both of the following criteria: (a) carry high quality and prestige merchandise and whose location, merchandising and overall operations are consistent with the high quality of the Licensed Products and the reputation, image and prestige of the Licensed Mxxx, for sale thereby to consumers only; and (b) sell at least [***] of the following brands in CKI’s “competitive set” for Licensed Products: [***]. Such accounts which meet the foregoing and are approved by CKI from time to time are collectively referred to as “Approved Accounts”. CKI may approve e-tailer accounts and/or e-commerce arms of brick and mortar accounts on an individual, case by case basis. All such retail outlets are subject to CKI’s written approval (with all due consideration given to CKI’s subjective aesthetic concerns and judgement and the quality, value and prestige, as CKI in its reasonable discretion deems appropriate, of the Licensed Marks) on an ongoing basis based upon passage of time and changes in circumstances, policies, and/or procedures whether of CKI or of such retail outlet, or of any account under this Agreement. No [***] is or will be an approved retail outlet, (e.g. [***]). CKI may at any time subject sales to any Approved Account, to any conditions or limitations CKI considers appropriate in its reasonable discretion; provided, however, that in order to be effective, any such conditions or limitations must be set forth in a writing provided to the Licensee. As noted, CKI reserves the right to review/approve or disapprove, all accounts (including disapproval of previously approved accounts) on an on-going basis. Such approval to be reasonably exercised by CKI in good faith based on CKI’s subjective aesthetic judgement. CKI may withdraw its approval of any Approved Account, including, without limitation, any Approved Account listed on Schedule 6.13 upon reasonable prior written notice to the Licensee (at which time, such customer shall cease to be an Approved Account for purposes of this Agreement); provided, however, that the Licensee may fulfill any firm orders entered into prior to the Licensee’s receipt of CKI’s withdrawal of approval. The Licensee shall not (i) sell or distribute any Licensed Products to wholesalers, (except to CKI approved or permitted distributors of Licensee) or to any jobbers, ...
Shops, Stores, Retail OutletsSubject to § 6.14, the Licensed Products sold by the Licensee may be *** Nothing herein shall be deemed to ***

Related to Shops, Stores, Retail Outlets

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