Marketing and Promotion Clause Examples

Marketing and Promotion a. ▇▇▇ and KO agree that the principles set forth in Section 26.2(b) below are generally consistent with the marketing and promotion guiding principles of both ▇▇▇ and KO (the “Guiding Principles”). Notwithstanding anything set forth below, compliance with the Guiding Principles shall not constitute an obligation of either Party under this Agreement. The Guiding Principles shall constitute unenforceable goals only of the Parties and neither Party shall be entitled to make any claim for breach against the other or enforce any remedy under this Agreement or to terminate this Agreement as the result of non-compliance with, or a violation of, any Guiding Principle(s). b. Neither ▇▇▇ nor KO will advertise, market, or promote the Products in connection with: (i) material misrepresentations or material omissions of fact about the Products branded with the MEC Marks; (ii) derogatory statements or messages about the other Party or its products; (iii) illegal drugs, pornography, racist activities or organizations; or (iv) activities, causes, or products that are generally immoral according to applicable community standards of the relevant consumer of the Products such that it is materially detrimental to the other Party’s public image and/or its rights as set forth in this Agreement.

Marketing and Promotion. 10.1 Upon obtaining all necessary Regulatory Approvals, AEON shall use Commercially Reasonable Efforts to Commercialize Product in the Territory in the Field. Subject to the terms and conditions of this Agreement, AEON shall be responsible for the establishment and implementation for Commercialization of Product in the Territory in the Field as set forth in Initial Marketing Plan. AEON will discuss with DAEWOONG the following: (a) Initial Marketing Plan for Product within [***] after obtaining Marketing Authorization in the Territory in the Field; and (b) Annual Marketing Plan [***] prior to the end of each calendar year. 10.2 AEON shall submit to DAEWOONG semi-annual review reports on January 1 and July 31 of each calendar year which will include, but without limitation, the following, with respect to Product in the Territory in the Field: (a) customer requirements with respect to Product; (b) market analysis; (c) competition; (d) any primary or secondary market research; (e) details of any changes in applicable laws in Territory; and (f) all in market sales data. 10.3 For the avoidance of doubt, AEON will bear all costs and expenses related to the activities related to Commercialization of Product in the Territory in the Field as well as cost related to obtaining and maintaining associated Marketing Authorizations. 10.4 AEON shall use Commercially Reasonable Efforts to Commercialize Product in the Territory in the Field and to provide physicians, practitioners and other prescribers with information and support related to Product in the Territory in the Field. AEON’s obligations in connection with Commercialization of Product in the Territory are set out in Initial Marketing Plan. Further, on at least a Calendar Year basis, AEON shall provide DAEWOONG with a written summary of AEON’s planned and completed Commercialization activities with respect to Product in the Territory, covering subject matter at a level of detail sufficient to enable DAEWOONG to determine AEON’s compliance with its diligence obligations in this Article 10. 10.5 AEON will, in implementing the Marketing Plan, use Commercially Reasonable Efforts to protect and preserve the good image and reputation of DAEWOONG and Product, and shall ensure that no marketing or promotional effort will violate any applicable laws.

Marketing and Promotion. From time-to-time, BlackBerry lists and/or mentions its customers in its marketing and communications initiatives. Customer agrees that BlackBerry may use Customer’s name and logo worldwide, free of charge for such purpose for the duration of the Term. In addition, subject to applicable privacy law and BlackBerry’s Privacy Policy, Customer expressly consents to BlackBerry contacting the Customer for marketing or promotional purposes.

Marketing and Promotion. The Developer shall market the Developer Software Package under its own name and at its sole cost and expense. The Developer may not use any of the Canon trademarks, service marks, trade names or logos in any advertising, brochures or promotional materials, unless the Developer o btains prior written consent f rom Canon.

Marketing and Promotion. 6.1 You: (a) grant Football Administrators the non-exclusive right to use your name or image in any medium for football marketing and promotional activities; (b) must respond to any request by the Club to participate in a promotional or game development activity, including personal appearances for sponsors or coaching clinics (provided you are able to attend and your expenses of participation are met); and (c) must co-operate with the Club, the media (in particular the holders of any broadcast rights), sponsors or any other person reasonably required in relation to any promotional activity. 6.2 You must not: (a) participate in any personal promotional activities if the products or business of that personal sponsor are in competition with the products or business of a Partner; (b) use any FFA or Club intellectual property rights, in particular any names, logos or playing apparel (other than in accordance with this Contract); and (c) engage in any marketing or promotional activities that may bring a Football Administrator or the game of football into disrepute. 6.3 You are not obliged to participate in promotional activities if you (acting reasonably and in a bona fide manner) have: (a) a moral or religious objection to any use that may be made of your image and have declared that objection; or (b) work, education or personal commitments.

Marketing and Promotion. The Company agrees to make every reasonable effort to market its Contracts. It will not give disproportionately unequal emphasis and promotion to shares of the Fund as compared to other underlying investments of an Account. In addition, the Company shall not impose any fee, condition, rule or regulation for the use by a Contract owner of the Fund as an investment option that operates to the specific prejudice of the Fund vis-a-vis the other investment options offered by the Company to Contract owners. In marketing and administering its Contracts, the Company will comply with all applicable state and Federal laws.

Marketing and Promotion. The Developer may not use any of the Canon trademarks, service marks, trade names or logos in any advertising, brochures or promotional materials in connection with the Developer Software.

Marketing and Promotion. The Supplier shall provide the Reseller with approved marketing materials for the Products. The Reseller agrees to use these materials in accordance with the guidelines set forth in Schedule 6. Any co-branded marketing efforts must be pre-approved in writing by the Supplier. The Reseller shall not make any representations regarding the Products that conflict with the Supplier’s branding guidelines. The Reseller agrees to periodically provide the Supplier with sales and marketing performance reports, as detailed in Schedule 3. From time to time during the duration of this Agreement, either Party (as the "Discloser") may disclose or make available to the other Party (as the "Recipient"), non-public, proprietary, and confidential information of Discloser [whether or not marked or labeled as "confidential"/that, if disclosed in writing or other tangible form is clearly labeled as "confidential," or if disclosed orally, is identified as confidential when disclosed and within [NUMBER] days thereafter, is summarized in writing and confirmed as confidential] ("Confidential Information"); provided, however, that Confidential Information does not include any information that: (i) is or becomes generally available to the public other than as a result of the Recipient's breach of this Section 9; (ii) is or becomes available to the Recipient on a non-confidential basis from a third-party source, provided that such third-party is not and was not prohibited from disclosing such Confidential Information after due inquiry; (iii) was in the Recipient's possession prior to the Discloser's disclosure hereunder; or (iv) was or is independently developed by the Recipient without using any Confidential Information.

Marketing and Promotion. Vertex and/or its licensees and sublicensees shall have exclusive rights to market, sell and distribute all Drug Products in the Territory, subject to the Special CFFT Rights provided in Sections 10.5 and 10.6 below.