Brick and Mortar Retailer definition

Brick and Mortar Retailer means a business, including the advertisement, offer for sale, sale and distribution of products, that: i) is conducted through sales in a physical store (as contrasted with a virtual store operated using E- Commerce); and ii) where the business solely intends to sell products exclusively to individuals for their personal use.
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Brick and Mortar Retailer means an entity whose primary means of deriving revenue is the marketing and sale of consumer products to end-users of such consumers products at a physical location to which such end-users come to purchase such consumer products, provided, however, a Brick and Mortar Retailer shall not include, and shall not be deemed or construed to include, any Direct Competitor (as defined below) or affiliate thereof. As used in this Agreement, “Company Media” shall mean Company’s “Xxxxx Xxxxxxx” and “Xxxxx Xxxxxxx New York”-branded brick and mortar retail stores, if any, and its “Xxxxx Xxxxxxx”-branded and “Xxxxx Xxxxxxx New York”-branded internet websites. Notwithstanding any other provision in this paragraph 2(k), Company shall be permitted to use the Xxxx as the name or title of a television program or magazine without paying QVC a Reverse Royalty for such use; provided, however, that any such television program or magazine (and the content or subject matter thereof) remains subject to the non-compete provisions of paragraph 5 of this Agreement. The provisions of this paragraph 2(k) shall survive termination or expiration of this Agreement.
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Examples of Brick and Mortar Retailer in a sentence

  • The rights granted to SSG herein also specifically exclude, without the prior written consent of MacMark or Equilink, the following: (a) the ability to own a Brick and Mortar Retailer using any of the Trademarks as part of the name of the store, and (b) the ability to use any of the Trademarks as part of SSG’s corporate name.

  • Stated otherwise, neither Equilink nor MacMark will license to a third-party the right to sell the Otherwise Licensed Products (or any other products licensed to Regent Sports under the Regent Agreement) via E-Commerce, provided, however, SSG recognizes that a Brick and Mortar Retailer who purchases the Otherwise Licensed Products from a licensee will have the ability to resell the Otherwise Licensed Products on the Brick and Mortar Retailer’s own web site.

  • SSG recognizes that a Brick and Mortar Retailer who legitimately purchases goods from another licensee will have the ability to resell the goods on the Brick and Mortar Retailer’s own web site.

  • Any third-party license that is limited as set forth in (b) above, will set forth the limitations in writing and provide that the third-party licensee cannot circumvent these limitations by arrangements that would result in the licensed products being sold via E-Commerce without the owner of the Brick and Mortar Retailer first purchasing the goods from the licensee.

  • Any license permitted under the prior sentence will provide that the licensee cannot circumvent these limitations by arrangements that would result in the additionally licensed goods being sold through E-Commerce on the Brick and Mortar Retailer’s own web site without the Brick and Mortar Retailer first purchasing the goods from the licensee.

  • The rights granted to SSG herein also specifically exclude, without the prior written consent of MacMark or Equilink, the following: (a) the ability to own a Brick and Mortar Retailer using any of the Trademarks as part of the name of the store, and (b) the ability to use any of the Trademarks as part of SSG's corporate name.

  • SSG recognizes that a Brick and Mortar Retailer who purchases the Otherwise Licensed Products from a licensee will have the ability to resell the Otherwise Licensed Products on the Brick and Mortar Retailer’s own web site.

  • Stated otherwise, neither Equilink nor MacMark will license to a third-party the right to sell the Otherwise Licensed 15 FINAL December 21, 2000 Products (or any other products licensed to Regent Sports under the Regent Agreement) via E-Commerce, provided, however, SSG recognizes that a Brick and Mortar Retailer who purchases the Otherwise Licensed Products from a licensee will have the ability to resell the Otherwise Licensed Products on the Brick and Mortar Retailer’s own web site.

  • Additionally, the canal itself can reduce flood risk where BW control flood flows within the canal, or accept flood waters either for temporary storage or transfer.

  • Stated otherwise, neither Equilink nor MacMark will license to a third-party the right to sell the Otherwise Licensed Products (or any other products licensed to Regent Sports under the Regent Agreement) via E-Commerce, provided, however, SSG recognizes that a Brick and Mortar Retailer who purchases the Otherwise Licensed Products from a licensee will have the ability to resell the Otherwise Licensed Products on the Brick and Mortar Retailer's own web site.

Related to Brick and Mortar Retailer

  • Common Channel Signaling (CCS means an out-of-band, packet-switched, signaling network used to transport supervision signals, control signals, and data messages. It is a special network, fully separate from the transmission path of the public switched network. Unless otherwise agreed by the Parties, the CCS protocol used by the Parties shall be SS7.

  • Cannabis retailer means any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.

  • Motor-driven cycle means every motorcycle that has a gasoline engine that (i) displaces less than

  • Participating Prosthetic Provider means a Prosthetic Provider who has a written agreement with the Claim Administrator or another Blue Cross and/or Blue Shield Plan to provide services to you at the time services are rendered.

  • Custom Local Area Signaling Service Features (CLASS) means certain call-management service features that are currently available from SBC-13STATE’s local networks. These could include: Automatic Call Back; Automatic Recall; Call Trace; Caller Identification and related blocking features; Calling Number Delivery; Customer Originated Trace; Distinctive Ringing/Call Waiting; Selective Call Forward; and Selective Call Rejection.

  • Beer retailer means a business that:

  • Non-Participating Prosthetic Provider means a Prosthetic Provider who does not have a written agreement with the Claim Administrator or another Blue Cross and/or Blue Shield Plan to provide services to you at the time services are rendered.

  • Yard Trimmings means grass clippings, leaves, wood chips from tree parts, and brush.

  • Intermediate Distribution Frame (IDF means a second frame that augments an existing Main Distribution Frame. Lines or outside cables that do not terminate on the IDF.

  • On-premise beer retailer means a beer retailer who is:

  • Enrollee point-of-service cost-sharing or "cost-sharing" means amounts paid to health carriers directly providing services, health care providers, or health care facilities by enrollees and may include copayments, coinsurance, or deductibles.

  • Bulk gasoline terminal means a gasoline storage facility which receives gasoline from its supply source primarily by pipeline, ship, or barge, and delivers gasoline to bulk gasoline plants or to commercial or retail accounts primarily by tank truck; and has an average daily throughput of more than 76,000 liters (20,000 gallons) of gasoline.

  • Basic gas supply service means gas supply service that is

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  • Sexual penetration means vaginal intercourse, cunnilingus, fellatio, or anal intercourse between persons or insertion of the hand, finger, or object into the anus or vagina either by the actor or upon the actor's instruction. The depth of insertion shall not be relevant to the question of commission of the crime;

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  • Distribution Compliance Period with respect to any Notes, means the period of 40 consecutive days beginning on and including the later of (i) the day on which such Notes are first offered to Persons other than distributors (as defined in Regulation S under the Securities Act) in reliance on Regulation S and (ii) the issue date with respect to such Notes.

  • Ozone season means the period of time beginning May 1 of a year and ending on September 30 of the same year, inclusive.

  • Stinger-steered automobile or watercraft transporter means an automobile or watercraft transporter

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  • Cathodic protection tester means a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, such persons must have education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems.

  • Polystyrene foam adhesive means an aerosol adhesive designed to bond polystyrene foam to substrates.

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