Catalog Distributor definition

Catalog Distributor means a manufacturer of or assembler of computer related hardware or peripherals, an Internet service provider, a print publisher, an on-line publisher (or such other entities as TMF and Company may agree upon). For the purpose of this Agreement, Haye▇ Microcomputer Products is approved by Company.

Examples of Catalog Distributor in a sentence

  • Company grants TMF a non-exclusive, worldwide, non-transferable (except as set forth in Section 21.5) right and license under Company's Intellectual Property Rights, with the right to sublicense through multiple levels of sublicensees, to use, reproduce, modify solely for the purposes of formatting, publicly and privately display, publicly and privately perform and distribute the Catalog Content as part of any Catalogs and on any web site maintained by a Catalog Distributor.

  • TMF will contractually require that, in the event the audit reveals that due to Company's intentional or willful acts, the Catalog Distributor Revenue Payments were less than ninety percent (90%) of what should have been paid during the applicable period, the party being audited shall immediately reimburse TMF or Catalog Distributor for the reasonable costs of the audit, as well as any amounts due as result of such audit.

  • Company will: (i) retain such records and (ii) make the records available for inspection in connection with an audit as provided in Section 10.5 for a period of one (1) year after the termination of TMF's relationship with the Catalog Developers or Catalog Distributor to which such records relate.

  • Catalogs will be developed by each Catalog Developer in conjunction with each Catalog Distributor participating in the Program, in accordance with each Catalog Distributor's specifications.

  • Each Catalog Distributor may determine in its sole discretion whether to select any of Company's Products to be featured in any of its Catalogs, and if so, which Product(s) it wishes to include.

  • Company will, within thirty (30) days after the end of each quarter, prepare a quarterly accounting and pay to each Catalog Distributor the Catalog Distributor Revenue Payments on paid subscribers pursuant to the distribution of Products during the preceding quarter in accordance with Section 10.1. Company will include with such payments a report setting forth the number of subscriptions sold as a result of the distribution of Products pursuant to this Agreement during the preceding calendar quarter.

  • Company will allow an independent certified public accountant chosen by TMF or Catalog Distributor and reasonably acceptable to the Company to audit and analyze appropriate accounting records of the audited party to ensure compliance with Section 10.

  • Nothing in this Agreement shall be construed to obligate TMF, a Catalog Developer or a Catalog Distributor to achieve a specific level of shipments of Catalogs, to achieve a specific level of sales of Products, or to achieve a specific level of revenues or revenue payments to Company.

  • With regard to any matter which TMF has made a representation in this Agreement that it will impose a contractual requirement on a Catalog Developer or Catalog Distributor, and the associated rights may be sublicensed by the Catalog Developer and/or Catalog Distributor to another party, TMF will require that the Catalog Developer or Catalog Distributor entitled to sublicense such rights will contractually impose the same requirements on the sublicensees.

  • Company shall pay Catalog Distributor the Catalog Distributor Revenue Payments asset forth on Exhibit B.