Common use of Marketer Services Clause in Contracts

Marketer Services. 3.1 Marketer represents that it, and/or its affiliated companies, has knowledge of the software market, including expertise, which will enable it to market, distribute, develop and maintain the Work through its affiliated companies. Vendor hereby appoints Marketer: (i) to exclusively maintain, develop, enhance, distribute and market the Work worldwide; (ii) to grant licenses or sublicenses and make subdistribution arrangements and provide development, maintenance enhancement and warranty services on the Work; and (iii) as the Vendor's agent and attorney in fact to enter into any agreements in relation to the licensing or other marketing, distribution, bank financing and development of the Work. (a) Vendor agrees that Marketer may delegate or subcontract any of the responsibilities contained in this Agreement to its affiliated companies and entities and/or to third parties; provided, however, that no such delegation shall relieve Marketer of any of its obligations or representations hereunder. (b) Vendor acknowledges that Marketer may engage sales agents to establish a distribution network for selling, marketing, distributing and licensing the video game based on the Work. (a) Marketer agrees to market, develop and distribute the Work subject to market demand and technological capabilities of the Work, and subject to Marketer's reasonable commercial judgment, through its affiliated entities or through third parties. In furtherance thereof Marketer may determine redevelopment, sales, marketing strategies and set selling prices for the software based on the Work. Marketer shall be responsible for the costs of reproduction, marketing, duplication and distribution of the software based on any distributed Work, including enhancements. (b) Marketer shall use its reasonable commercial efforts subject to Marketer's reasonable commercial judgment and subject to market conditions, to diligently, directly or indirectly, market, sell, distribute, package and price any distributed Work with a view to developing sales; (c) Marketer shall use reasonable commercial efforts subject to Marketer's reasonable commercial judgment to secure appropriate distribution channels for any distributed Work, subject to market demand and technical capabilities of such Work; (d) Marketer shall use reasonable commercial judgment to maintain commercial functionality of any distributed Work in the market place in accordance with industry standards. (e) Marketer (including its affiliated companies) has not made and does not hereby make any representations or warranties to Vendor with respect to the quantity of sales of any distributed Work. Vendor shall not make any claim nor shall any liability be imposed upon Marketer and its affiliated companies based on any claim that more sales could have been made or that better business could have been done that which was actually made or done by Marketer and its affiliated companies or that better prices or terms could have been done that which was actually made or done by Marketer and its affiliated companies or that better prices or terms could have been obtained by Marketer and its affiliated companies in connection with the exploitation of any distributed Work. 3.4 Vendor acknowledges that Marketer and its affiliated entities manufacture and sell Software platforms, some of which may be similar to or competitive with the Work, and nothing herein shall be deemed in any way to limit or inhibit Marketer from manufacturing, selling or otherwise exploiting such other software in such manner as it sees fit. Vendor further acknowledges that it shall have no right or interest in or to any such other software.