Marketing Spend Sample Clauses

Marketing Spend. With respect to each Product which is initially --------------- released by Interplay under this Agreement, Interplay agrees to spend in the Territory at least [*] of its projected Net Sales (less the Return Reserve) for such Product in the European market *Portions omitted pursuant to a request for confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. on marketing and advertising for such Product (the "Minimum Marketing Spend"). All marketing and advertising costs incurred in favor of third parties by or on behalf of Interplay in the Territory shall be applied toward meeting Interplay's obligation hereunder, including, without limitation, print, television, radio and other advertising, special marketing events to promote the Products and coop and MDF funds. Any portion of the Minimum Marketing Spend not spent by Interplay during any calendar year during the term of this Agreement shall be added to the Minimum Marketing Spend for the succeeding calendar year. For purposes of the preceding sentence, expenditures shall be deemed to have occurred as and to the extent that the marketing activity for which the expenditure is payable is undertaken, not when the cost thereof is actually paid.

Marketing Spend. During each Annual Period, Licensee shall use the Marketing Spend for that Annual Period on the following activities: (i) in store environment, including but not limited to fixturing costs, and (ii) other approved items, such as merchandise coordinators. Licensee will provide LS&Co. with documentation outlining marketing activities and the actual Marketing Spend with its annual report. If Licensee’s actual aggregate Marketing Spend is less than the Marketing Spend set forth on a Schedule (based on actual Net Sales for the applicable Annual Period), Licensee will pay LS&Co. an amount equal to the unspent Marketing Spend. All Marketing Spend must be pre-approved by LS&Co. Marketing Contribution and Marketing Spend shall be separate from, and shall not be subject to credit for, expenditures by Licensee for cooperative advertising, trade advertising, trade shows, sampling, or any other promotional or sales material not included in the Marketing Plan.

Marketing Spend. Customer agrees that, [*], Customer shall spend a minimum of [*] for the purpose of marketing [*]. The Supplier shall have the right, upon reasonable notice to the Customer and during reasonable business hours and at Supplier’s expense, to have an independent third party auditor reasonably acceptable to the Customer audit the Customer’s books and records relating to the Marketing Spend. The Customer agrees to provide the auditor with access to any books, records, or other information reasonably necessary for the auditor to determine the Customer’s compliance with its obligations under this Agreement.

Marketing Spend. From and after the Fifth Amendment Effective Date, Section 12.4 is deleted in its entirety and replaced with the following new Section 12.4:

Marketing Spend. The Franchisee shall, over the Franchise Term:

Marketing Spend. Subject to Section 7.16(e), the aggregate amount of Marketing Spend for any Marketing Spend Test Period ending after January 31, 2025 shall not exceed an amount to be mutually agreed by the Agent and the Borrower in accordance with Section 7.16(d).

Marketing Spend. From and after the First Amendment Effective Date, Section 12.4 is amended to incorporate the following terms: Beginning with Contract Year 2021, Licensee agrees that at a minimum it will make the following advertising expenditures in connection with the Licensed Products: Contract Years 2021-2025 [***] percent ([***]%) of annual net sales, of which: ● At least [***] ([***]%) of net sales in each Contract Year shall be spent on global advertising with a focus on print, digital, and social media; Licensee shall manage spend and placements in collaboration with Licensor; ● The remaining required advertising expenditures in each Contract Year (the “Marketing Portion”) shall be spent on other marketing, with a focus on trade shows and sales collateral. Licensee shall submit to Licensor a summary showing actual marketing spend and budget recap at the end of each Contract Year quarter (“Quarterly Marketing Summary”). In addition, Licensee shall make additional advertising expenditures of $[***] in each of Contract Year [***] and Contract Year [***] (i.e., $[***] for the [***] years combined) on other marketing. The Quarterly Marketing Summary furnished to Licensor shall include such additional advertising expenditures. In the event Licensee fails to make the foregoing minimum advertising expenditures in connection with the Licensed Products in any Contract Year, Licensee shall have the first [***] months of the following Contract Year to make advertising expenditures sufficient to cover the shortfall. Any such advertising expenditures made to cover a previous Contract Year’s shortfall shall not be credited toward Licensee’s minimum required advertising expenditures for the Contract Year in which such shortfall expenditures are made. “Net sales” as used in this paragraph shall mean all sales on the basis of which the royalty is calculated under Paragraphs 11.1 and 11.2 hereof. All amounts are shown in U.S. Dollars. Effective as of the First Amendment Effective Date, the last two bullets in Section 12.4 of the License Agreement (regarding $[***] in upgrades and replacements of Licensed Product fixtures and displays in Licensor Channels and $[***] in Licensed Product fixtures and displays in Non-Licensor Channel doors) are deleted.

Marketing Spend. 3.14.1. The IOMSPC will expend either by itself and/or through one or more wholly owned subsidiaries of the IOMSPC a sum equivalent to not less than seven hundred and fifty thousand pounds (£750,000) (adjusted annually by Manx Consumer Price Index) (“Marketing Expenditure”) on off Island marketing to promote travel by passengers with and without accompanied vehicles by sea to the island. 3.14.2. The IOMSPC will consult with the DOI prior to its allocation of its Marketing Expenditure. 3.14.3. The IOMSPC will provide evidence to demonstrate its compliance with clause 3.14.1 of this heads of terms.