Promotional Discs Sample Clauses
The Promotional Discs clause defines the terms under which discs (such as CDs, DVDs, or other media) are provided for promotional purposes rather than for sale. Typically, this clause specifies the quantity, distribution channels, and restrictions on the use of these discs, such as prohibiting their resale or requiring that they be marked as promotional copies. Its core function is to ensure that promotional materials are used solely for marketing or publicity, preventing them from entering commercial distribution and protecting the value of the standard product.
Promotional Discs. In the event NOA issues Guidelines in the future that permit LICENSEE to develop and distribute Promotional Discs, either separately or as a part of the Licensed Product, the content and specifications of such Promotional Disc shall be subject to all of the terms and conditions of this Agreement, including, without limitation, the Guidelines, the Price Schedule and the submission and approval procedures provided for in this Section 4. 5. ORDER PROCESS, PURCHASE PRICE, PAYMENT AND DELIVERY
Promotional Discs. In the event NINTENDO issues Guidelines in the future that permit LICENSEE to develop and distribute Promotional Discs, either separately or as a part of the Licensed Product, the content and specifications of such Promotional Disc shall be subject to all of the terms and conditions of this Agreement, including, without limitation, the Guidelines, the Price Schedule and the submission and approval procedures provided for in this Section 4.
Promotional Discs. 13.1 Product which is bona fide supplied free of charge only for the purposes of the genuine promotion of sales of other copies of the Product in question shall be exempt from the royalties otherwise payable under this Agreement on condition that the criteria set out in clauses 13.2 to
Promotional Discs. In the event NCL issues Guidelines in the future that permit LICENSEE to develop and distribute Promotional Discs, either separately or as a part of the Licensed Product, the content and specifications of such Promotional Disc shall be subject to all of the terms and conditions of this Agreement, including, without limitation, the Guidelines, the Price Schedule and the submission and approval procedures provided for in this Section 4.
Promotional Discs. 13.1 Product which is bona fide supplied free of charge only for the purposes of the genuine promotion of sales of other copies of the Product in question shall be exempt from the royalties otherwise payable under this Agreement on condition that the criteria set out in clauses 13.2 to 13.6 are fulfilled.
13.2 A Product shall only be regarded as having been supplied for such purposes as are referred to in clause 13.1 where it is supplied to a broadcaster, retailer or critic for the purposes of that party previewing it prior to purchasing copies or for the purposes of providing a bona-fide criticism of the Product to the public. For the avoidance of doubt, a Product shall not be regarded as having been supplied for such purposes where it (or any part of it) is:
13.2.1 distributed commercially;
13.2.2 not supplied free of charge;
13.2.3 supplied free of charge but in consideration of or as a result of the party to whom it is supplied taking other Product or other copies of the same Product or giving other valuable consideration; or
13.2.4 used for the purpose of making a broadcast.
13.3 Each such Product and the packaging thereof must at the time of manufacture be prominently marked with a non-removable or non-erasable notice carrying the words “PROMOTIONAL COPY - NOT FOR SALE”.
13.4 The Statement of Shipments shall identify the number of units of Product by Catalogue Number and Relevant Format which the Producer has supplied under the above provisions.
13.5 The Producer shall maintain information in reasonable detail for a period of not less than 2 years as to the general nature and categories of the recipients of Product supplied under the above provision.
13.6 The Producer shall at all reasonable times and upon reasonable notice allow access to its premises by representatives of the Society for the purposes of the Society checking the then current details of the number of units of Product manufactured referred to in the above provisions and the persons, firms and companies to whom they are being supplied and the numbers supplied to each such person, firm or company and the Producer shall also maintain such information in such detail as will enable the representatives of the Society reasonably to verify during such access that the number of units of Product being supplied under the above provisions broadly corresponds with claims for royalty-free supply under Statements of Shipments.