Exclusivity Minimum Sample Clauses
The Exclusivity Minimum clause establishes a requirement that one party must purchase or commit to a minimum quantity of goods or services exclusively from the other party. In practice, this means the buyer cannot source the specified products from competitors until the minimum threshold is met, and failure to meet the minimum may result in penalties or loss of exclusivity rights. This clause ensures the seller receives a guaranteed level of business, protecting their investment and justifying the exclusivity arrangement.
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Exclusivity Minimum. The exclusive marketing rights and ownership rights in the Product and the intellectual property related to the Product granted to DRG shall remain exclusive for fourteen months from the first air date of the final version of the Infomercial (“Initial Term of Exclusivity”). Thereafter, the exclusivity rights granted to DRG hereunder shall continue if DRG sells a minimum of Fifty Thousand (50,000) Basic Units per year (the “Exclusivity Minimum”). At the time that DRG has achieved the Fifty percent (50%) Ownership Interest as set forth in Section 5.2, DRG’s exclusivity rights shall become permanent. If DRG fails to sell the Exclusivity Minimum to retain the rights granted by Owner under this Agreement, then upon written notice to DRG from Owner, DRG’s ownership interest in the intellectual property rights to the Product and Patent shall terminate and revert to Owner; and DRG’s marketing rights hereunder shall become non-exclusive for the duration of the Term, excepting that for the balance of the Term DRG shall retain the right to exclusively market to domestic consumers and accounts then existing and to internationally market in those countries where it has established a successful market for the Product.
Exclusivity Minimum. The exclusive marketing rights granted to THANE shall remain exclusive for two years (1) from Roll-out ("INITIAL TERM OF EXCLUSIVITY"). Thereafter, the exclusivity of the rights granted shall extend automatically for additional one year periods, if OWNER receives a minimum of $[*****] in Net Revenue by the end of the Initial Term of Exclusivity or any yearly period thereafter. If OWNER receives less than the minimum in Net Revenue to automatically extend exclusivity, then upon written notice to THANE from OWNER, THANE's rights hereunder shall become non-exclusive for the duration of the Term, excepting that THANE shall retain the right to exclusively market to existing customers. THANE may advance Net Revenue compensation to meet the exclusivity minimums in any given year, on a non-refundable but recoupable basis.
Exclusivity Minimum. Section 5(e) of the License Agreement is hereby deleted in its entirety from the License Agreement. Exhibit F attached to the License Agreement (titled "Exclusivity Companies") is hereby deleted in its entirety.
Exclusivity Minimum. The exclusive marketing rights granted to THANE shall remain exclusive for two years (1) from Roll-out ("INITIAL TERM OF EXCLUSIVITY"). Thereafter, [******]
Exclusivity Minimum. During the Term of this Agreement, Arbor shall not grant, directly or indirectly, licenses or any rights to market or sublicense the Software to the companies described on Exhibit F attached hereto (the "Exclusivity Companies"), provided that Comshare makes the following minimum payments:
(i) Beginning with the third quarter of Year 2 and continuing for a total of four consecutive quarters ("Exclusive Year 1"): * per quarter for a total of * in Exclusive Year 1.
(ii) For each four quarters after Exclusive Year 1: * per quarter for a total of * in Exclusive Year 2, and so on for succeeding Exclusive Years. Notwithstanding the above, however, Arbor and its agents and distributors are not prohibited from licensing the * Indicates that material has been omitted and confidential treatment has been requested therefore. All such omitted material has been filed separately with the SEC pursuant to Rule 24b-2. Software to the Exclusivity Companies strictly for their own internal business use and not for resale or sublicensing. These exclusivity payments shall be made and calculated in the manner prescribed in Section 5(c) for the Year 2 minimums, and all excess exclusivity payments shall be credited against any future amounts due from Comshare to Arbor. The minimum payments described in Sections 5(c) and 5(d) are included in and are not in addition to the amounts described in this Section 5(e).