Marketing Allowance Clause Examples
A Marketing Allowance clause defines the amount or budget allocated by one party, typically a supplier or manufacturer, to another party, such as a retailer or distributor, specifically for marketing and promotional activities related to the products or services covered by the agreement. This clause outlines how the allowance can be used, such as for advertising, in-store displays, or promotional events, and may set conditions for reimbursement or require documentation of expenses. Its core practical function is to ensure that sufficient resources are dedicated to promoting the products, while also providing clear guidelines on the use and management of marketing funds to prevent disputes and misuse.
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Marketing Allowance. In addition to the Sales Commission, for each year during which NovaCare meets the sales quota for such year described in Section 4 hereof, Nautilus Marketing agrees to pay NovaCare a non-accountable marketing allowance equal to ten percent (10%) of the List Price of the Products sold pursuant to orders submitted by NovaCare pursuant to this Agreement for which the Sales Commission is payable or the discount described in Section 2.2 hereof is applicable, and for which payment in full is received by Nautilus during such year (the "Marketing Allowance"). After NovaCare has met its sales quota for any sales year defined in Section 4 hereof, Nautilus Marketing shall pay the then-accrued Marketing Allowance for such year within thirty (30) days after the end of the quarter during which such sales quota was met, and shall pay any subsequently-accrued Marketing Allowance for such year within thirty (30) days after the end of each quarter (if any) remaining in such year. If, due to adjustments calculated pursuant to Section 2.7 hereof, NovaCare has not met its sales goal for any such sales year at the end of that year, to the extent any Marketing Allowance previously paid with respect to such year has not been recovered pursuant to Section 2.7.2 hereof, NovaCare shall refund to Nautilus Marketing any such unrecovered Marketing Allowance within 30 days after the end of such year.
Marketing Allowance. Subject to the terms and conditions of Section 6.16 hereof, within ten (10) business days after the end of each McLane accounting quarter during the term of this Agreement McLane agrees to pay Mapco a marketing allowance (the "Marketing Allowance") in the amount of [***], in operation and subject to this Agreement during such quarter, such amount to be prorated for stores that were not in operation and subject to this Agreement for the entire quarter. [***] CONFIDENTIAL TREATMENT REQUESTED -8- <PAGE> ARTICLE VI MISCELLANEOUS 6.1
Marketing Allowance. In exchange for Buyer's agreement to this long-term Supply Agreement, Seller will provide a Marketing Allowance of $5,000 per restaurant owned by Buyer at the time the Supply Agreement commences or opened by January 15, 1999. In the event Buyer has past due balances owed to Seller, the Marketing Allowance will first be applied to such balances.
Marketing Allowance. McLane shall pay The Pantry a marketing allowance in the amount of $[***] per Store at the beginning of each McLane accounting quarter for each Store in operation as of such quarter commencement date.
Marketing Allowance. On or before the Occupancy Date, as the funds are received by Landlord from the HUD construction loan, shall pay to Tenant, in cash, such amounts as Landlord receives under the HUD construction loan as a marketing allowance to assist Tenant with its pre occupancy marketing costs. Notwithstanding anything herein or in the Lease to the contrary, as of the date of this Amendment, Tenant shall be permitted to market and lease space in the Addition to prospective tenants, subject to the restriction stated in Paragraph 2(d) above as to entry prior to the Occupancy Date.
Marketing Allowance a) Each year Reseller is eligible to receive a marketing fund up to [***] of Reseller’s annual net sales for marketing activities, such as direct mailing, trade shows and lead generation activities (“Marketing Allowance”), provided that Reseller advertises at Agilent’s list price or the promotion price, if applicable, and complies with the conditions and requirements outlined in this Section 15. All requests for Marketing Allowance funds will be reviewed quarterly and approved in writing by the Agilent ATP Marketing Manager prior to distribution of the funds. Unless otherwise agreed, Marketing Allowance funds must be spent in the quarter they are allocated.
b) Upon thirty (30) days written notification from Agilent of a price change, Reseller will update its websites and marketing materials relating to the ATP Channel Team that can be revised at minimal cost including but not limited to Product catalogs, promotional literature, pamphlets and other documents to reflect the then current list price.
c) Upon request by Agilent, Reseller will provide evidence documenting its compliance with all the advertising requirements outlined in this Section 15. Agilent may conduct periodic reviews of Reseller’s business activities to confirm compliance. Reseller will make reasonable effort to provide Agilent with prompt access, through mutually agreed upon means, to Reseller’s advertising materials and other documents relating to these advertising requirements. Subject to Agilent’s sale discretion, in the event that Reseller does not comply with any of these advertising requirements outlined in this Section 15, Reseller will not be eligible to receive the marketing fund.
d) Unused funds remaining in the Marketing Allowance after [***] or upon termination of the Agreement will be forfeited and such funds will belong solely to Agilent; they will not be paid to Reseller.
Marketing Allowance. HearUSA will earn a marketing allowance, the funds from which will only be used to reimburse HearUSA’s advertising expenses. The marketing allowance is designed to help promote HearUSA’s practice and SHI’s products in their respective markets. It may only be used for these purposes, and SHI reserves the right to directly pay the advertising vendor (e.g. print or electronic media, mailing houses) that HearUSA uses. The marketing allowance will be credited to the HearUSA's account on the fifteenth day of the month following the month it applies to, provided HearUSA's trade payables with SHI are within terms and documentation for the advertising expenses is provided to SHI. The maximum base marketing allowance shall be $200,000 per month. In addition, for so long as the Tranche D Loans are outstanding, on each interest payment date on the Tranche D Loans, SHI shall credit to HearUSA’s account as an additional marketing allowance an amount, if any, equal to the interest paid by HearUSA on the Tranche D Loans on such date minus the amount of interest that would be payable on such Tranche D Loans if such interest were calculated using, prior to a prepayment of the principal amount of the outstanding Tranche D Loans in an amount of at least $4,200,000, a 6.0% per annum interest rate, and, after such prepayment, a 5.0% per annum interest rate. In addition, on October 15, 2007, SHI shall credit to Hear USA’s account as an additional marketing allowance an amount of $217,080.
Marketing Allowance. With respect to a Product for any period, a fee payable to Athenex for (but not limited to) the following costs: sales personnel, sales support personnel, logistics personnel (managing freight and importation activity), administrative personnel (state licensure and Medicaid pricing), Medicaid rebate personnel, chargeback processing personnel, chargeback transactional fees, marketing expenses and pharmacovigilance services. The Marketing Allowance shall be a fixed [*] percent ([*]%) of the Net Sales of the Product.
Marketing Allowance. HearUSA will earn a marketing allowance, the funds from which will only be used to reimburse HearUSA’s advertising expenses. The marketing allowance is designed to help promote HearUSA’s practice and SHI’s products in their respective markets. It may only be used for these purposes, and SHI reserves the right to directly pay the advertising vendor (e.g. print or electronic media, mailing houses) that HearUSA uses. The marketing allowance will be credited to the HearUSA's account on the fifteenth day of the month following the month it applies to, provided that HearUSA's trade payables with SHI are within terms, documentation for the advertising expenses is provided to SHI and HearUSA is in compliance with the Minimum Purchase Requirement set forth in Section 4.1. The maximum base marketing allowance shall be $200,000 per month.
(d) Exhibit A to the Supply Agreement is hereby amended by deleting such Exhibit A and adding in lieu thereof Exhibit A attached hereto.
Marketing Allowance. Supplier will pay to Customer a quarterly marketing allowance of [***] per operating location listed on Exhibit C. All payments will be paid in arrears for each active location within ten (10) days after each quarter ends during the term of the Agreement. The payment for the first period from and after the Effective Date shall be prorated. If new stores are opened or if existing stores are closed in the same geographical regions as the stores listed on Exhibit C, Supplier will pay Customer a prorated amount of the marketing allowance as set forth in this Section 6.A. based on the number of full months the store is operated within the quarter.