Target materials Sample Clauses

Target materials. The parties will determine the nature and scope of the Target Materials to be used by Marketer hereunder. The Target Materials, in describing the relationship between the parties, will not use terms such as "partnership", "joint venture", "affiliate", "agent", "representative" or similar terms that suggest either (i) a formal business organization or structure of any kind has been created by the parties or (ii) that one party has the power or authority to bind or commit the other. Instead, the parties will use terms such as "alliance" or "marketing relationship". Each item of Target Materials must be approved in writing by both parties prior to its initial use. In addition, the oral, visual or written use of one party's name by the other in connection with the marketing activities contemplated by this Agreement, whether in the Target Materials or otherwise, will be subject, in each case, to the prior written approval of such other party, unless otherwise expressly provided in the Marketing Plan. Notwithstanding Section 5 but subject to the Marketing Plan, once the approvals required by this Section 3(b) are obtained, Marketer (A) may reference the marketing relationship contemplated by this Agreement to its prospective customers, (B) may provide verbal and visual representations of the Target Product, including its features, functions, user interfaces and necessary hardware requirements, to prospective customers, (C) may include written descriptions of the Target Product, including its features, functions, user interfaces and necessary hardware requirements, in proposals to prospective customers so long as extensive amounts of detail about the Target Product are not included and a confidentiality agreement containing terms and conditions no less restrictive than those set forth in this Agreement is executed by the prospective customer prior to disclosure and (D) may demonstrate the Target Product to prospective customers in compliance with the license granted in Section 4(a) of the Agreement.