Similar Distributors definition

Similar Distributors means distributors (including entities acting on behalf of Similar Distributors in licensing software from Riverdeep and other sources) which advertise, market, distribute and sell products through after-purchase programs for goods, other than Products, sold in any channel, loyalty programs (defined as special offers presented to end users who purchase goods from Similar Distributors, e.g. Frequent Flier Programs, mailers inserted into bills, etc.), fundraising programs, or direct mail programs, but in any event not selling or distributing any Product through or into the Channel unless pursuant to a sublicense approved under Section 1.1 above. As used herein, "after-purchase programs" shall mean marketing programs through which an end user may receive the Product for a fee after purchasing another product.
Similar Distributors means distributors (including entities acting on behalf of Similar Distributors in licensing software from Riverdeep and other sources) which advertise, market, distribute and sell products through after-purchase programs for goods, other than Products, sold in any channel, loyalty programs (defined as special offers presented to end users who purchase goods from Similar Distributors, e.g. Frequent Flier Programs, mailers inserted into bills, etc.), fundraising programs, or direct mail programs, but in any event not selling or distributing any Product through or into the Channel unless pursuant to a sublicense approved under Section 1.1 above. As used herein, "after-purchase programs" shall mean marketing programs through which an end user may receive the Product for a fee after purchasing another product. 1.14 "PREVIOUSLY-RELEASED PROPERTIES" means interactive software (and all updates, upgrades, or other modifications thereto) owned or controlled, or that was owned or controlled, by Riverdeep that is obsolete and no longer distributed in the Channel. 1.15 "PRODUCT" or "PRODUCTS" shall mean those computer software product lines of Riverdeep consisting of the individual SKU's for such lines listed on Exhibit A, as the same may be amended from time to time in accordance with the provisions of Section 2.6 and 2.7; provided however, that any Consent-Required Product shall not constitute a Product hereunder until Riverdeep notifies Distributor that it has received the corresponding Third Party Consent therefor, whereupon the same shall constitute a Product hereunder. Riverdeep shall have the right upon 30 days' prior written notice to Distributor to modify, alter, improve, change, add to or discontinue any or all the Products in accordance with the provisions of Section 2.6 and 2.7. Notwithstanding anything to the contrary in this Agreement, including Exhibit A, in no event shall the Products include any Excluded Products or Previously-Released Properties. References to "Products" herein shall be deemed to include all SKU's within such Product other than Previously-Released Properties. 1.16 "RETAILERS" shall mean the business entities in the Channel and Territory to which Distributor markets and distributes, either directly or through distributors, Products for resale. 1.17 "SALE" of any Product shall mean the granting of a license to use such Product and the "PURCHASE" of any Product shall mean the obtaining of a license to use such Product. 1.18 "SALES DISCO...

Related to Similar Distributors

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  • embedded distributor means a distributor who is not a wholesale market participant and that is provided electricity by a host distributor;

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  • Wine distributor means a person who buys wine from

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  • CEC means the California Energy Commission or its successor agency.

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