Common use of Promotion of Products Clause in Contracts

Promotion of Products. (a) BFA Holder agrees to diligently promote and cause its Franchise Dealers to diligently promote the sale of Products, including through advertisements, all in accordance with the terms of this Agreement. BFA Holder hereby acknowledges and agrees that, notwithstanding anything set forth herein to the contrary, to insure the integrity of ExxonMobil trademarks, products and reputation, ExxonMobil shall have the authority to review and approve, in its sole discretion, all forms of advertising and sales promotions that will use media vehicles for the promotion and sale of any product, merchandise or services, in each case that (i) uses or incorporates any Proprietary Xxxx or (ii) relates to any Business operated at a BFA Holder Branded Outlet. Furthermore, for any significant advertising campaign, sponsorship and/or promotion, BFA Holder shall submit in advance to ExxonMobil or its designee, for its written approval, all materials prepared by or for BFA Holder. These materials may include, but are not limited to, any media (including TV, radio, internet or print), professional or collegiate sports affiliations, and cultural or civic sponsorships that would have regional or national reach and are associated with any ExxonMobil brand, whether directly or indirectly. Approval will be granted (or not) within ten (10) business days from ExxonMobil’s receipt of a request from BFA Holder. If no written approval is received from ExxonMobil within the applicable ten-business-day period, then the request shall be deemed denied. BFA Holder shall expressly require all Franchise Dealers to (a) agree to such review and control by ExxonMobil and (b) comply with the notice requirements set forth in this Section. BFA Holder shall be responsible for compliance (both by BFA Holder and by its Franchise Dealers) with any and all applicable federal, state, county or local advertising laws, statutes, ordinances, codes, regulations, rules, orders, or permits.

Appears in 2 contracts

Samples: Brand Fee Agreement (Global Partners Lp), Brand Fee Agreement (Global Partners Lp)

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Promotion of Products. (a) BFA Holder Distributor agrees to diligently promote and cause its Franchise Dealers to diligently promote the sale of Products, including through advertisements, all in accordance with the terms of this Agreement. BFA Holder Distributor hereby acknowledges and agrees that, notwithstanding anything set forth herein to the contrary, to insure the integrity of ExxonMobil trademarks, products and reputation, Global and ExxonMobil shall have the authority to review and approve, in its their sole discretion, all forms of advertising and sales promotions that will use media vehicles for the promotion and sale of any product, merchandise or services, in each case that (i) uses or incorporates any Proprietary Xxxx or (ii) relates to any Business operated at a BFA Holder Distributor Mobil- Branded Outlet. Furthermore, for any significant advertising campaign, sponsorship and/or promotion, BFA Holder Distributor shall submit in advance to Global and ExxonMobil or its their respective designee, for its their written approval, all materials prepared by or for BFA HolderDistributor. These materials may include, but are not limited to, any media (including TV, radio, internet or print), professional or collegiate sports affiliations, and cultural or civic sponsorships that would have regional or national reach and are associated with any ExxonMobil brand, whether directly or indirectly. Approval will be granted (or not) within ten fifteen (1015) business days from ExxonMobilGlobal’s receipt of a request from BFA HolderDistributor. If no written approval is received from ExxonMobil Global within the applicable tenfifteen-business-day period, then the request shall be deemed denied. BFA Holder Global’s consent shall be conditioned upon Global obtaining any required consent from ExxonMobil pursuant to the BFA. Distributor shall expressly require all Franchise Dealers to (a) agree to such review and control by ExxonMobil Global and (b) comply with the notice requirements set forth in this Section. BFA Holder Distributor shall be responsible for compliance (both by BFA Holder Distributor and by its Franchise Dealers) with any and all applicable federal, state, county or local advertising laws, statutes, ordinances, codes, regulations, rules, orders, or permits.

Appears in 2 contracts

Samples: Distributor Pmpa Franchise Agreement, Distributor Pmpa Franchise Agreement (Global Partners Lp)

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