actively sell definition
actively sell mean actively approaching individual customers inside another distributor’s exclusive territory or exclusive customer group by, for instance, direct mail or visits; or actively approaching a specific customer group or customers in a specific territory allocated exclusively to another distributor through advertisement in media or other promotions specifically targeted at that customer group or targeted at customers in that territory; or establishing a warehouse or distribution outlet in another distributor’s exclusive territory. “Passively sell” mean responding to unsolicited requests from individual customers including delivery of goods or services to such customers. General advertising or promotion in media or on the Internet that reaches customers in other distributors’ exclusive territories or customer groups but which is a reasonable way to reach customers outside those territories or customer groups, for instance to reach customers in nonexclusive territories or in one’s own territory, are passive sales.
actively sell in a territory means engaging in advertising, marketing or promotion specifically aimed to such territory or establishing any branch or distribution operations for the purpose of distributing Products in such territory and (2) “passively sell” means responding to unsolicited customer orders while not engaging in any advertising, marketing or promotion.