Marketing Expenditures definition

Marketing Expenditures means all expenditures incurred in connection with marketing, advertising, promotions, trade-shows, sponsorship and endorsements;
View Source
Marketing Expenditures shall include, without limitation, amounts spent or committed to be spent (whether internally or externally) on promotion of the Products (or any of them) (i) in catalogs, brochures, pamphlets, product information sheets and other mailings and publications, (ii) in broad or targeted advertising (including the development, preparation and cost of placing advertisements), (iii) at trade shows or other formal or informal industry or customer gatherings, (iv) by other accepted means employed by Distributor or the industry in general, but excluding salaries or commissions paid to Distributor's employees. Notwithstanding the foregoing, in the event, Distributor fails to make the Marketing Expenditures set forth above in any year during the Term, but reaches the total sales Milestones for such year set forth in Section 4.2 below, such failure shall not constitute a breach of this Agreement or otherwise entitle Manufacturer to exercise any rights or remedies under this Agreement or otherwise. "Net Sales" for purposes of this Agreement shall mean, with respect to any Products (or any of them specifically designated for any purpose in this Agreement) sold by Distributor, its affiliates and sales agents or distributors, the invoiced sales price of such Products billed to independent Customers who are not affiliates of Distributor, less (a) credits, allowances, discounts and rebates to, and chargebaeks from the account of, such Customers for damaged, rejected, outdated or returned product returned in accordance with Distributor's or Manufacturer's policies; (b) freight and insurance costs incurred in transporting such Products to such Customers; (c) quantity, trade and cash discounts and other price reductions allowed; (d) discounts, fees and commissions payable to third party sales agents or distributors (but not Distributor's employees) with respect to orders or sales of such Products; (e) sales, use, value-added and other direct taxes incurred; and (f) customs, duties, tariffs surcharges and other governmental charges incurred in connection with the exportation or importation of such Products. For purposes of Distributor's obligation to meet its Marketing Expenditures goal set forth above, Net Sales shall be measured by reference to sales of Analyzers only.
View Source
Marketing Expenditures means expenditures for print, television, radio, and other consumer advertising promoting the Member Used Intellectual Property and the Retail/Professional Florists Industry generally.
View Source

Examples of Marketing Expenditures in a sentence

  • For example, ALL payments to End Users (Withdrawals, Distributions and Refunds), End User, Chargebacks (including fees and penalties), and ALL operational expenditures (third party licensee commissions, Marketing Expenditures, data center, bandwidth, legal & accounting, etc.).

  • The Parties may agree that royalties be applied against an agreed upon threshold, which may be modified from time to time at the beginning of each quarter in relation to sales volumes and Marketing Expenditures for the relevant year and in recognition of Licensee’s required efforts to market and promote the Product in the Territory.

  • Franchisee’s Initial Marketing Expenditures do not decrease or affect Franchisee’s obligations with respect to local advertising, any Ad Co-op, or any payments of the Ad Fee.

  • Notwithstanding the foregoing, in the event, Distributor fails to make the Marketing Expenditures set forth above in any year during the Term, but reaches the total sales Milestones for such year set forth in Section 4.2 below, such failure shall not constitute a breach of this Agreement or otherwise entitle Manufacturer to exercise any rights or remedies under this Agreement or otherwise.

  • In the event Manufacturer exercises its rights set forth in (iii) above, Distributor's obligation to make Marketing Expenditures pursuant to Section 4.1 above shall terminate and be deemed waived by Manufacturer.

  • The Percentage Rent set forth herein, reflects a reduction to account for Lessor’s agreement herein to fund the Marketing Expenditures.

  • For purposes of Distributor's obligation to meet its Marketing Expenditures goal set forth above, Net Sales shall be measured by reference to sales of Analyzers only.

  • During each year of the Term, Lessee shall spend the Marketing Expenditures, and Lessor and Lessee shall agree on the allocation of the Marketing Expenditures prior to any such expenditure being undertaken.

  • Local Marketing Expenditures Franchise Owner shall spend, as a minimum, for local marketing purposes the amount of three percent (3%) of The Click IT Store's monthly Gross Revenues, or Two Thousand Dollars($2,000.00), whichever is greater.

  • For avoidance of doubt, Percentage Rent has already been reduced for the purpose of funding Marketing Expenditures, and no further reductions to the Percentage Rent or payments by Lessor are required.