MARKETING & DISTRIBUTION Clause Examples
MARKETING & DISTRIBUTION. Publisher shall, at no expense to SCEE, diligently market, distribute and sell Licensed Products throughout (but only in) the Licensed Territory, and shall use all reasonable efforts consistent with its best business judgment to stimulate demand therefore in the Licensed Territory and to supply any resulting demand. Publisher shall not market, distribute or sell Licensed Products outside the Licensed Territory or to any person, firm, corporation or entity having its place of business, or to any purchasing agency located, outside the Licensed Territory. Publisher shall use all reasonable efforts consistent with its best business judgment to protect Licensed Products from and against illegal reproduction and/or copying by end users or by any other persons or entities. Such methods of protection may include, without limitation, markings or insignia providing identification of authenticity and packaging seals as may be specified in the Specifications. SCEE shall be entitled, at SCEE's sole cost and expense, to manufacture or have manufactured up to 200 (two hundred) additional units of Manufactured Materials (or such greater number of additional units as shall be agreed by Publisher, such agreement not unreasonably to be withheld or delayed) for each PSP format Software game (and to purchase from Publisher, at a price equal to the actual cost thereof to Publisher, a corresponding number of units of Printed Materials for each such PSP format Software game), for the purposes of or in connection with the marketing and promotion of PSP; provided however that SCEE shall not directly or indirectly resell any such units of Manufactured Materials (and, if applicable, of Printed Materials) within the Licensed Territory without Publisher's prior written consent. Further, SCEE shall be entitled to utilize Publisher's name and/or logo and the audio-visual content of, and/or the Printed Materials for, PSP format Software games (not to exclude the likenesses of any recognizable talent) for the purposes of or in connection with such marketing and promotion.
MARKETING & DISTRIBUTION. Angel shall employ commercially best efforts to market and distribute the Picture in a manner intended to maximize potential revenues, in meaningful and timely consultation with Producer with respect to the following:
MARKETING & DISTRIBUTION. Angel and Licensor shall each employ commercially reasonable best efforts to market and distribute the Picture in a manner intended to maximize potential revenues, based upon cooperative performance between the parties of the following:
MARKETING & DISTRIBUTION. We promise to use our reasonable best efforts to market and distribute your Content in a manner intended to maximize potential revenues, facilitated by the following back-and-forth between us:
MARKETING & DISTRIBUTION. We promise to use our reasonable best efforts to market and distribute your Content in a manner intended to maximize potential revenues, facilitated by the following back-and-forth between us:
a. US Theatrical Release: Angel will release the Content on a minimum of 1200 screens, in the top [30] US Markets (the “US Screen Guarantee”); The US Screen Guarantee shall increase based upon the table below based upon ticket pre-sales at least 21 days prior to opening weekend. The US Screen Guarantee in this Paragraph 3(a) shall not apply to Memorial Day, July 4th, Thanksgiving, or Christmas releases (defined as the immediately preceding and succeeding weekends) nor on any weekend where there are at least four (4) “wide” releases by the Major studios. No failure to secure the US Screen Guarantee shall be deemed a breach of this Agreement by Angel; Creator acknowledges that the screen count is contingent on cooperation and agreements with third party exhibitors (e.g., AMC, Regal, Cinemark, etc.) outside Angel’s direct control. Angel will at all times keep Creator apprised as to the status of such cooperation and agreements, through periodic (no less than monthly) calls or meetings with Angel’s sales team, and shall have the right to be consulted as to material developments, terms and conditions thereof.
MARKETING & DISTRIBUTION a) The LICENSEE shall market, at its own expense, each PRODUCT in the TERRITORY within six (6) months upon receipt of all corresponding REGISTRATIONS necessary for commercialization.
b) The LICENSEE shall use commercially reasonable efforts to continuously increase the sale of the PRODUCT(S) in the TERRITORY during the term of this AGREEMENT so long as KREUSSLER supplies PRODUCT(S) to the LICENSEE in accordance with the terms of this AGREEMENT. Provided that
i) the LICENSEE shall not be required to use any level of efforts to sell, market, or distribute the PRODUCT(S) in the TERRITORY prior to receipt of all REGISTRATIONS reasonably deemed by the LICENSEE to be necessary for the marketing and sale of the PRODUCT(S) in the TERRITORY; and
ii) whether certain efforts by the LICENSEE are deemed to be “commercially reasonable” with respect to the PRODUCT(S) shall be determined in light of all relevant factors in the relevant TERRITORY including, but not limited to:
(a) the LICENSEE’S reasonable estimate of the market potential and rate of market growth of the PRODUCT(S) (including anticipated profit margin and the perceived market size);
(b) the level of REGISTRATION for the PRODUCT(S) in the TERRITORY (including the extent of the indications, if any, within the TERRITORY);
(c) in the LICENSEE’S reasonable estimation, whether or not the sale of the PRODUCT(S) infringes or could infringe the patent rights of third persons in the TERRITORY;
(d) the competitive position of the PRODUCT(S) vis-à-vis other products that may be marketed and sold for the treatment of the same indications, including with respect to the safety, efficacy, and cost of the PRODUCT(S) when compared to such other products; and
(e) the availability and supply of the PRODUCT(S) for distribution.
c) Upon KREUSSLER’S request, and in six (6) calendar month intervals, beginning with the receipt of all necessary REGISTRATIONS, the LICENSEE shall submit to KREUSSLER a half-year report on the marketing of each PRODUCT including, competition, regulatory trends, and pricing trends.
d) Upon KREUSSLER’S request and beginning with the marketing of each PRODUCT, the LICENSEE shall report, in electronic format, the sales figures for each PRODUCT in quantity and value and, to the extent available, any price change (ex factory, per batch, prices to different customer-groups and, if applicable, price of reimbursement) within the forty five (45) days after the end of each QUARTER.
e) The LICENSEE shall promote t...