Test Marketing. We may, from time to time, authorize you to test market products and/or services in connection with the operation of the Restaurant. You shall cooperate with us in connection with the conduct of such test marketing programs and shall comply with our procedures established from time to time in connection herewith as set forth in the then-current Operations Manual.
Test Marketing. HSND shall have the right to conduct test marketing of the Product and Ancillary Products by such means as HSND may determine, including but not limited to Infomercial, short-form direct response and live shop-at-home television ("Test Marketing"). Test Marketing may commence either before or after commencement of production of any Infomercial created or to be created under this Agreement. HSND shall bear the expense of performing the Test Marketing, which expense shall include and be limited to the cost of media for strategic geographic regions throughout the United States to obtain a cross sampling of consumer response, and to be determined solely by HSND.
(a) If HSND determines, in its sole judgment, that Test Marketing is successful, the parties may commence wide-scale airings ("Rollout") of the Infomercial. If HSND determines that Test Marketing is unsuccessful HSND shall have the right to terminate this Agreement in accordance with Section 16.3. Prior to commencement of Rollout, Licensor shall provide one half of the initial Rollout media cost for the Infomercial, which total cost for Rollout media is not expected to exceed $400,000, unless otherwise mutually agreed to by both HSND and Licensor. The initial Rollout media costs shall be those funds expended for airing the Infomercial until such time that the Infomercial generates a positive cash flow and becomes self funding. All decisions thereafter for media placement shall be made by HSND at their sole discretion, including the decision to cease airing the Infomercial entirely.
Test Marketing. Program Manager will oversee the design and development of test marketing campaigns, and, based upon the results of such research, coordinate more broad-based campaigns (such services collectively “the Start Program Plan”). The purpose of the Start Program Plan shall be to test the efficacy of the media channels, placement, messaging and offers involved in promoting the Start Education Loan Program.
Test Marketing. Program Manager will oversee the design and development of test brands and test marketing campaigns, and, based upon the results of such research, coordinate more broad-based campaigns (such services collectively “the EB Program Plan”). The purpose of the EB Program Plan shall be to test the efficacy of brands and media channels, placement messaging and offers in promoting education loan products.
Test Marketing. Upon obtaining all required regulatory approvals and the receipt of all applicable items requested by HBD from Licensor, HBD shall conduct test marketing of the Products in all or any portion of the Territory for a period of up to 60 days by such means as HBD may determine ("Test Marketing"). The Test Marketing will in any event be concluded by the earlier of (i) one hundred and twenty (120) days after the first airing of the Infomercial or (ii) two hundred ten (210) days after the date of this Agreement. Licensor agrees to supply HBD with reasonable quantities of Product for the test marketing on the terms set forth herein. Within ten (10) days after conclusion of the Test Marketing, HBD will determine in its sole judgment, and notify Licensor, whether the Test Marketing was successful, in which event HBD shall commence wide-scale airings ("Rollout"), defined as the first week that HBD's media expenditure for the Infomercial exceeds $150,000, or if the Test Marketing was unsuccessful. If HBD determines that the Test Marketing was unsuccessful, then within 30 days following such determination, HBD shall either (a) terminate this Agreement upon written notice to Licensor, or (b) negotiate in good faith with Licensor appropriate Corrective Action to be taken. "Corrective Action" shall mean such action as the parties may mutually agree upon to alter the marketing or pricing of the Products. If the parties are unable to agree upon appropriate Corrective Action within such 60-day period, or if HBD, in its sole judgement, determines that the results of any Corrective Action taken do not warrant further marketing and sales efforts, then either party may terminate the rights granted to HBD under this Agreement upon written notice to the other.
Test Marketing. Franchisor may, from time to time, authorize Franchisee to test market products and/or services in connection with the operation of the Licensed Restaurant. Franchisee shall cooperate with Franchisor in connection with the conduct of such test marketing and shall comply with the Franchisor’s rules and regulations established from time to time in connection herewith.
Test Marketing. 5.1 Within sixty (60) days following the Effective Date, Marketer shall conduct test marketing, which may take the form of Infomercial (30-minute paid program) media buying, print, insert, on-page, or any combination thereof of the Product in selected markets in the United States utilizing the Existing Infomercial, which may be modified by Marketer ("Test Marketing"). Marketer will inform Licensor in advance of proposed infomercial media purchases (including the times of day and markets in which the infomercial will be aired) and Marketer will revise any such proposed airings to which Licensor reasonably objects. The Test Marketing shall continue until Marketer has obtained sufficient data to decide whether wide-scale airing of the Infomercials and wide scale marketing of the Product is justified, but in any event the Test Marketing will end no later than ninety (90) days after the Effective Date, and the Marketer will spend a minimum of $25,000 in overall media (not less than 50% of which is for broadcast or cable television) during this period. During the period of the Test Marketing, Marketer may purchase minimum quantities and distribute the Product to the channels stated in this Agreement, but Marketer shall not make any binding commitments to distribute Product beyond the Test Marketing (other than remaining inventory from the required purchase of the Minimum Initial Quantity) unless Marketer has notified Licensor that the Test Marketing was a success.
5.2 Upon the conclusion of the Test Marketing, Marketer will notify Licensor whether wide scale airing of the Infomercials and wide scale marketing of the Product ("Roll-out") is justified. Roll-out will be conclusively presumed to be justified if the [sales to media ratio] exceeds 2:
1. If Roll-out is justified, Marketer will use its commercially reasonable efforts to market the Product in accordance with this Agreement. If Marketer notifies Licensor that Roll-out is not justified then, at Licensor's option, either (i) the parties will attempt to negotiate such modifications to this Agreement as shall be acceptable to the parties and will thereby justify wide scale marketing, or (ii) if Licensor so elects, or if the parties are unable to negotiate acceptable modifications within a reasonable time after the end of Test Marketing, this Agreement shall terminate. If the Agreement is terminated pursuant to this Section 5.2, Marketer shall nevertheless remain liable to purchase and pay for the Minimum Init...
Test Marketing. Upon obtaining all required regulatory approvals and the receipt of all applicable items requested by RIMC from Licensor, RIMC shall have the right to conduct test marketing of the Products in all or any portion of the Territory for a period of up to 90 days from the first Infomercial airing or first live shopping appearance, by such means as RIMC may determine (“Test Marketing”). Licensor agrees to supply RIMC under the terms of this agreement with reasonable quantities of Product for the test marketing. If RIMC determines, in its sole judgment, that Test Marketing is successful, RIMC shall issue a purchase orders up to sixty thousand, (60,000) individual cans of the Product, in any combination RIMC deems appropriate during the Test Marketing and commence wide-scale airings (“Rollout”) of the infomercial. To maintain exclusivity RIMC shall purchase an additional 190,000 individual cans of the Product within the first twelve months of first airing of the Infomercial. If RIMC determines, in its sole judgment, that Test Marketing is unsuccessful, RIMC shall notify Licensor accordingly.
Test Marketing. Franchisor may, from time to time, authorize Operator to test market products and/or services in connection with the operation of the Coffeehouse. Operator shall cooperate with Franchisor in connection with the conduct of such test marketing programs and shall comply with the Franchisor's rules and regulations established from time to time in connection herewith.
Test Marketing. If Direct Success does not test the Commercial on or before January 1,2004 or when product is available, whichever is later, this Agreement shall terminate. Direct Success will conduct test marketing of the Products by airing the Commercial, at its own expense, at such times, with such frequency, in such markets, and on such networks and stations as Direct Success, in its sole judgment may determine (“Test Marketing”). Direct Success shall evaluate the results of the Test Marketing and determine, in its sole judgment, whether Test Marketing has been successful. This Agreement will terminate if Direct Success does not “roll out" the Commercial within six months that the infomercial first airs/tests.
