Commercial Channel definition

Commercial Channel means bona fide sales to commercial, corporate, and government entities that are not Affiliates of Buyer and that provide access to the Stairmaster Products to multiple users, including fitness centers, gyms, health clubs, studios, hotels, resorts, schools, military, and corporate employee centers. The Commercial Channel does not include and excludes all other sales or distributions of Stairmaster Products, including but not limited to sales and other distributions: (a) to end users (non-commercial users, typically home use) and resellers, such as retailers and online resellers; and/or (b) to any entity where there is reason to know that such entity is selling or distributing to end users and/or resellers (except as used equipment following normal use in the entity’s facility).
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Commercial Channel means bona fide sales of Fitness Products and Accessories to institutional, commercial, and professional entities that are not Affiliates of Buyer and that provide access to the products to multiple users (i.e., the products are available for use by club members, employees, contractors, etc.). Commercial Channel entities include fitness centers, gyms, health clubs, studios, hotels, resorts, schools, military, commercial fitness, medical and senior/long term care dealers and facilities, and corporate employee centers that provide the fitness equipment for use by numerous persons. The Commercial Channel includes Specialty Fitness Retailers, as defined below. The Commercial Channel does not include and explicitly excludes all other sales or distributions of Fitness Products, including but not limited to sales and other distributions to: (a) end users (non-commercial users, typically home use) and resellers, such as retailers and online and direct resellers; and/or (b) any entity where there is reason to know that such entity is selling or distributing to end users and/or resellers (except as used equipment following normal use in the entity’s facility). The Commercial Channel is further defined as Fitness Products sold at or above the applicable Minimum Invoice Price (for purposes of differentiating Commercial Fitness Products from products sold in the Retail Channel and the Direct Channel).
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Commercial Channel means any channel, or portion thereof, available for lease pursuant to the terms set forth in 47 U.S.C. § 532 for programming by persons other than Licensee."
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Examples of Commercial Channel in a sentence

  • Subject to the terms of this License, Nautilus hereby grants Buyer an exclusive, non-transferable, non-assignable, non-sublicensable, worldwide, royalty-bearing, license to the Licensed Marks solely for use on Indoor Cycles and Accessories in the Commercial Channel and in connection with marketing and selling Indoor Cycles and Accessories in the Commercial Channel.

  • Buyer hereby covenants not to ▇▇▇ Nautilus for any violations of any of the Stairmaster Intellectual Property for any Nautilus acts outside of the Commercial Channel.

  • Except as provided in Section 12.B. below, this License, including, but not limited to the rights licensed under Sections 2.A., 2.B.,2.C., 2.D., 2.E. and 2.F in the Commercial Channel, unless terminated in accordance with the terms of this License, shall continue in force.

  • Buyer specifically agrees that Buyer shall not disclose any Trade Secret, Indoor Cycle Confidential Information, and/or Indoor Cycle Know How to any third party without the express written consent of Nautilus, which Nautilus may withhold, except that Buyer may exploit engineering and design information concerning Indoor Cycles in the Commercial Channel as Buyer deems appropriate.

  • Buyer agrees to only use the domain names in connection with websites selling Stairmaster Products in the Commercial Channel and/or the Permitted Retail Channel.

  • Thereafter, there shall be no Royalty for Net Sales of Stairmaster Products in the Commercial Channel.

  • Buyer understands and agrees that Buyer is to focus Buyer’s efforts on sales of Licensed Indoor Cycles and Accessories in the Commercial Channel and that Buyer is only licensed by this License to make up to a maximum of twenty (25) percent of Buyer’s total Net Sales of Licensed Indoor Cycles and Accessories in the Permitted Retail Channel in any Calendar Year.

  • Subject to the foregoing prohibitions, Buyer may exploit engineering and design information concerning Fitness Products and Accessories in the Commercial Channel as Buyer deems appropriate.

  • Royalty on Net Sales of Stairmaster Products in the Commercial Channel.

  • Nautilus may make reasonable modifications to Nautilus Quality Standards from time to time provided that such modifications benefit customers and/or users and are made applicable to comparable Nautilus Indoor Cycle Products sold by Nautilus outside of the Commercial Channel.