Subdistribution. Subdistributor shall perform the following during the Term: Subdistributor. Subdistributor shall market, promote, and solicit orders for the Products as a subdistributor to Distributor 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 a manner consistent with Distributor’s Product marketing strategies and in a manner that reflects favorably at all times on the Products and the good name, goodwill, and reputation of Distributor and its Suppliers;
Subdistribution. Distributor shall be entitled to the Distribution Fees set forth above, in any part of the Territory where Distributor exploits each Funded Qualifying Project either directly or through a third party that is not an Affiliate of Distributor to which all or part of the Distribution Rights are licensed or sublicensed (“Subdistributor”), regardless of the amounts retained by any such Subdistributor.
Subdistribution. The SVOD and FOD/AVOD rights granted herein do not include the right of Licensee to sub-distribute, sublicense, co-brand, syndicate or “white label” or power (e.g., “Yahoo! Video powered by Xxxx”) the Programs. For the avoidance of doubt, the foregoing does not prohibit the SVOD Standalone Licensed Service and/or the FOD/AVOD Catch-Up Licensed Services from being distributed over third party networks in accordance with the terms herein (e.g., delivery to Approved Set-Top Boxes via DeliveryAffiliated Systems (aka BDUs) in a Licensee-branded area), provided that in each such case, the entirety of such SVOD Standalone Licensed Service or FOD/AVOD Catch-Up Licensed Service is distributed on such network (i.e., the programming available on each service shall not vary from case to case).
Subdistribution. Distributor shall have the sole discretion to sell, subdistribute or license any Distribution Rights and/or Related Rights with respect to any Funded Qualifying Project in a non-discriminatory manner commensurate with the treatment of Productions owned solely by Distributor or an Affiliate thereof. With respect to such subdistribution agreements entered into by Distributor, Distributor shall exercise the same degree of diligence and skill in the performance of its duties in connection therewith as it applies to its or its Affiliates own Productions not subject to this Agreement, and shall take or cause to be taken all such actions as may be necessary or desirable to collect Gross Receipts from time to time, all in accordance with Applicable Law.
Subdistribution. Notwithstanding anything to the contrary contained herein (but subject to the last sentence of this subparagraph (f)), with respect to all subdistribution arrangements in all territories and media, Gross Receipts, Home Video Gross Receipts, Distribution Expenses and Home Video Fulfillment Expenses shall be calculated on an “at source” basis (without double deduction of any amounts) ***. With respect to Fox home video subdistribution arrangements in applicable territories where Fox is accounted to on a royalty basis, Gross Receipts shall include (and Fox’s Services Fee shall be calculated on) the royalty amounts received by Fox (and not on the “at source” receipts of the applicable subdistributor); provided, that (A) no other subdistribution fees or expenses shall be deducted by Fox in its accountings to DWA with respect to such subdistribution arrangements; and (B) Fox will allocate (in accordance with the terms hereof) any such royalty amounts received by Fox between applicable video formats/media for purposes of calculating its Services Fee hereunder. Any royalty subdistribution arrangements that provide for payment of a minimum guarantee to Fox shall provide a separate minimum guarantee with respect to the Licensed Pictures.
Subdistribution. The Agency agrees not to sub-distribute MANNA Product to any organization, agency, partner, or entity other than a qualifying client. A Special allowance for transfer of highly-perishable products: If The Agency has a surplus of highly perishable products and will not have the opportunity to distribute before the product goes bad, The Agency may call MANNA to request special permission to give remaining perishable product to another qualified MANNA Partner Agency. The Agency is responsible for documenting the transfer of product. The Agency agrees to make every effort to minimize the necessity of product transfers.
Subdistribution. Fox will not subdistribute the initial theatrical release of any Licensed Picture or subdistribute in any other territories or media unless Fox subdistributes all or substantially all of its motion pictures in such territories or media. In connection with the Definitive ___________________________ *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested by DreamWorks Animation SKG, Inc. with respect to the omitted portions. 11 Agreements, DWA will pre-approve certain currently-existing and scheduled Fox subdistribution arrangements for inclusion of the Licensed Pictures therein. DWA shall otherwise have the right to approve the duration and terms of (i) all new subdistribution arrangements consummated by Fox following the date hereof (including so-called “territory swaps” between studios and other arrangements where Fox is not acting as the managing distributor in the applicable territory or media); and (ii) any extensions, modifications and other amendments to any of the foregoing currently-existing or new arrangements to the extent that such extensions, modifications or amendments in any way affect the Licensed Pictures; provided, that DWA shall not withhold its approval hereunder if the sole basis for such lack of approval is an economic term that would not impact Fox’s accounting to DWA hereunder ***.
Subdistribution. In the event NovaBay wants to appoint any third party to Distribute the Product in the Territory, NovaBay shall enter into a written agreement (a “Subdistribution Agreement”) with such third party containing terms and conditions that are consistent with the terms and conditions of this Agreement and including provisions as materially protective of the Product and Microprofit as this Agreement. NovaBay shall, in addition to the quarterly report provided for under Section 6.6, provide Microprofit with a complete and updated list of third party subdistributors appointed by NovaBay for the Distribution of the Product at the end of each quarter and otherwise upon Microprofit’s reasonable request. Upon Microprofit’s request, NovaBay shall also provide Microprofit with a copy of the Subdistribution Agreement with any such third party subdistributor (which copy may be redacted for information not relevant to the Distribution of the Product). NovaBay shall take into reasonable consideration any concerns or issues raised by Microprofit with respect to any such third party subdistributors and the parties agree to discuss in good faith to resolve any such concerns or issues. In any event, NovaBay shall remain responsible to Microprofit for all activities of its third party appointees (including subdistributors and other subcontractors) to the same extent as if such activities had been undertaken by NovaBay itself.
Subdistribution. Desa may appoint sub-sales representatives and/or distributors, agents or other middlemen without the prior written consent of Xxxxxx.
Subdistribution. Partner may only sell copies of the Products to End Users; Partner is prohibited from distributing Products to third parties for further resale.
