Consumer Advertising definition

Consumer Advertising shall be understood to include newspapers, magazines, television, radio, billboards (including related artwork and production charges for these five categories), retailer demonstration charges, retailer's catalogues, gifts-with-purchase including the gift aspect of value sets, direct mail, remittance envelopes, billing inserts , product samples, pamphlets, free goods (including those to Licensor for events and other public relation activities), window and counter displays (including testers, dummies, counter cards and other visual aids), special events, contests, publicity and promotions and cooperative advertising. Licensor undertakes at Licensee's request to make Ms. ▇▇▇▇▇ ▇▇▇▇▇▇ ("PH") available at reasonable intervals and for reasonable periods (which shall involve a maximum of three (3) appearances during the first Annual Period and a maximum of two (2) appearances for each Annual Period thereafter) for promotional tie-ins serving to associate PH with the Articles. Licensee shall also be entitled to the use of PH's likeness for advertising and promotional purposes upon Licensor's approval first being obtained in each instance, which approval shall not be unreasonably withheld or delayed. Licensor shall make every reasonable effort, in light of PH's busy schedule, at the request of the Licensee, to arrange for PH's cooperation for publicity photographs, launch parties, personal appearances and radio and TV interviews (which shall be included in PH's obligations of three (3) and two (2) appearances discussed above). Licensee shall reimburse Licensor for the reasonable costs involved in providing PH plus four other individuals, selected by Licensor, plus her Mother and Father if they wish to attend, with first-class travel, lodging, food and other related expenses mutually agreed upon in advance of each appearance attended by PH at Licensee's request, which shall include the cost of hair and makeup personnel and security personnel. If PH fails to appear for a scheduled Licensor approved event, Licensee will have the right to deduct up to $ * of its non-refundable out of pocket expenses incurred in connection with each specific event from the Sales Royalty. The failure to appear at a scheduled event could have a material adverse effect on the Licensee's ability to market the Articles.

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Consumer Advertising means direct out-of-pocket costs (excluding internal overhead or internal allocated costs for: the purchase of advertising space of units in newspapers , magazines, television, radio, billboards , photo-shoots, personal appearances (including related artwork and production charges for these categories ) cooperative advertising, retailer demonstration charges, retailers' catalogues, gifts-with-purchase, direct mail, remittance envelopes , blow-ins, billing inserts (both scented and unscented), pamphlets , free goods (excluding those provided to Licensor reunder), window and counter displays (including testers, dummies , vials counter cards and other visual aids), in-store demonstrator s and model s, special events, contests, publicity and promotion s, PR activities, tradeshows, online promotions and other related advertising and marketing activities. Licensor shall have final approval on all advertising , including but not limited to any use of Artist's name and/or likeness, content and advertising channels and venues. Once advertising has been approved , the approval shall not be later withdrawn. If Licensor fails to disapprove in writing any of the submission s furnished to it by Licensee within seven (7) bu siness days from the date of submission thereof , such failure shall be considered to be an approval thereof. Within the seven (7) business day period , Licensor , or its agent(s), will communicate with Licensee if additional review time is needed and to provide an estimated number of days beyond the designated period within which Licensee can expect a final response. However, in no event shall the designated period exceed (10) business days from the date of submission to Iicensor. If Licensor fails to disapprove in writing (10) business days after the designated period of the submission thereof, such failure shall be considered an approval.

Consumer Advertising means direct out-of-pocket costs (excluding internal overhead or internal allocated costs for: the purchase of advertising space of units in newspapers , magazines, television, radio, billboards , photo-shoots, personal appearances (including related artwork and production charges for these categories ) cooperative advertising, retailer demonstration charges, retailers' catalogues, gifts-with-purchase, direct mail, remittance Certain marked portions of the exhibit have been omitted based on a request for confidential treatment. Non-public information that has been redacted has been filed with the Commission envelopes , blow-ins, billing inserts (both scented and unscented), pamphlets , free goods (excluding those provided to Licensor hereunder), window and counter displays (including testers, dummies , vials counter cards and other visual aids), in-store demonstrator s and model s, special events, contests, publicity and promotion s, PR activities, tradeshows, online promotions and other related advertising and marketing activities. Licensor shall have final approval on all advertising , including but not limited to any use of Artist's name and/or likeness, content and advertising channels and venues. Once advertising has been approved , the approval shall not be later withdrawn. If Licensor fails to disapprove in writing any of the submission s furnished to it by Licensee within seven (7) bu siness days from the date of submission thereof , such failure shall be considered to be an approval thereof. Within the seven (7) business day period , Licensor , or its agent(s), will communicate with Licensee if additional review time is needed and to provide an estimated number of days beyond the designated period within which Licensee can expect a final response. However, in no event shall the designated period exceed (10) business days from the date of submission to Iicensor. If Licensor fails to disapprove in writing (10) business days after the designated period of the submission thereof, such failure shall be considered an approval.

Examples of Consumer Advertising in a sentence

In the event that the expenditure for Consumer Advertising and Promotion in a Sales Year is less than the minimum required under this Article 11, Licensee or its sub-licensee or distributor must spend the shortfall on Consumer Advertising and Promotion during the first quarter of the next Sales Year.
Expenses incurred by Licensee under this paragraph shall be included in the Consumer Advertising and Promotion commitment.
Should this Agreement be renewed for the additional five-year period pursuant to Section VIII(B), the Consumer Advertising to Non-Orthodontic Dentists will be specified in the renewal agreement.
The amount spent on Consumer Advertising for any Annual Period shall not be cross collateralized nor applied to the Minimum Advertising Commitment for any other Annual Period.
Notwithstanding the foregoing, the Consumer Advertising and Promotion commitment, expressed as a percentage of aggregate Net Sales in any Sales Year, cannot be less than the Guaranteed Minimum Royalty in such Sales Year, expressed as a percentage of Net Sales.
Align, with the assistance of Discus, shall develop and draft a comprehensive Consumer Advertising plan not later than 60 days prior to the commencement of the calendar year.
At its sole expense and consistent with the Consumer Advertising plan, Align shall itself or with the assistance of one or more third party(ies): (1) develop the Consumer Advertising pieces stated in the Consumer Advertising plan and (2) purchase the required media time and space for the Consumer Advertising stated in the Consumer Advertising plan.
Consumer Advertising - the term "Consumer Advertising" as used in this Agreement shall mean television, radio, print, outdoor, direct mail or other marketing or advertising used to create awareness in the general public of the availability of the Invisalign® System as a form of treatment for malocclusion.
The cost of any Licensed Products provided free of charge shall be credited to Licensee’s Consumer Advertising and Promotion spending minimum set forth in Article 11 below.
Licensee agrees to spend in the United States for "Consumer Advertising" (as defined below) * of Net Sales during each Annual Period.

More Definitions of Consumer Advertising

Consumer Advertising means advertisements on television and print advertisements in prestigious national publications, and such other forms of advertising as Licensor deems to be "consumer" advertising, but will not include co-operative or trade advertising or advertising in local publications, or any collateral or point-of-sale advertising or promotional materials.

Consumer Advertising means direct out-of-pocket costs (excluding overhead or allocated costs) for: the purchase of advertising space of units in newspapers, magazines, television, radio, billboards (including related artwork and production charges for these five categories ) cooperative advertising, retailer demonstration charges, retailers' catalogues, gifts-with-purchase, direct mail, remittance envelopes, blow-ins, billing inserts (both scented and unscented), pamphlets, free goods (excluding those provided to Licensor hereunder), window and counter displays (including testers, dummies, counter cards and other visual aids), in-store demonstrators and models, special events, contests, publicity and promotions.