Promotion clause samples

2. Promotional material: the promotional material provided by Party A shall be submitted within three business days prior to the promotion. In the course of promotion, Party A may change the details of materials but all materials shall comply with the inspection rulesmade by Baidu.

Lugang Hua has been serving as our Chief Technology Officer since June 2019, and has also been serving as Chief Technology Officer and General Manager of our VIE, Wuxi Wangdao, since June 2013. Mr.Hua has been serving as General Manager, Client Director, Sale Director and CMS Business Director of Wuxi Langqi Software TechnologyCo.,Ltd., a computer software company in China, from July 2008 to May 2013. Mr. Hua also served as a financial system engineer in Changzhou Qianhong Biopharmaceutical Co., Ltd., a company focusing on biopharmaceutical research in China. Previously, Mr. Hua served as a trade specialist at Changzhou Qianhong Bio-pharma Co., Ltd., a pharmaceutical company in China. He has more than 10years of experience in the internet and mobile internet industry and other businesses focusing on product development, operation and promotion. He received a bachelor’s degree in electrical engineering from Naval Engineering University of China in 1997.

We are experts in the art of amplification, with proven specialties in every aspect of marketing and promotion. From every meaningful digital music service and social media network to radio, press, film, television and retail, we are plugged into the most influential people and platforms for music entertainment. At the same time, by combining our collective experience with billions of transactions each and every week, we gather the insights needed to make meaningful commercial decisions grounded in data-based discipline. Most importantly, we quickly adapt to changes in how music is consumed to maximize the opportunities for our recording artists and songwriters. For example, we quickly honed our expertise in securing placement on playlists and other valuable positioning on digital music services.

Despite federal and state laws prohibiting unacknowledged payment by record labels to radio stations for airing of music, such direct and indirect forms of what has been described generically as “payola” for spins has continued to be an unfortunately prevalent aspect of radio promotion. Warner Music Group Corp. acknowledges that various employees pursued some radio promotion practices on behalf of the company that were wrong and improper, and apologizes for such conduct. Warner Music Group Corp. looks forward to defining a new, higher standard in radio promotion.

The FDA may also impose requirements for costly post-marketingstudies or clinical trials, diagnostic approval, and surveillance to monitor the safety or efficacy of the product. The FDA closely regulates the post-approval marketing and promotion of drugs to ensure drugs are marketed only for the approved indications and in accordance with the provisions of the approved labeling. The FDA imposes stringent restrictions on manufacturers’ communications regarding use of their products and if we promote our products beyond their approved indications, we may be subject to enforcement action for off-label promotion. Violations of the FDC Act relating to the promotion of prescription drugs may lead to investigations alleging violations of federal and state healthcare fraud and abuse laws, as well as state consumer protection laws.

2.1. General. Company may, in its sole discretion, offer the Promotion through the Company Website. Company may provide Promotional Materials that describe the Promotion to Company Customers. If Company offers the Promotion through the Company Website, Company agrees that only Company Customers who click through a link or otherwise affirmatively act in order to be referred to the Advertiser Website shall be forwarded to the Advertiser Website. Company agrees that any changes to any page of the Company Website on which a Promotion is offered under this Agreement will not violate Advertiser’s Compliance Requirements as set forth in Exhibit D. Company agrees not to impose any fees or charges on Company Customers for access to the Promotion. Advertiser shall deliver to Company, in a form reasonably satisfactory to Company, (i)a rate matrix, (ii)the jurisdictions in which Advertiser is licensed to conduct business, (iii)marketing bullets related to the Promotion and (iv)any other materials reasonably requested by Company. The parties shall mutually agree to the list of Upstart Partners for a Promotion, including any changes thereto, prior to the launch of any Promotion in connection with such Upstart Partner, where agreement via electronic mail shall be sufficient. If Advertiser wishes to add or remove an Upstart Partner connected to a Promotion from the then-current list, Advertiser shall provide advanced reasonable notice to Company in writing, where notice via electronic mail shall be sufficient.

9.3. Representations by Company. Company represents that as of the date hereof, and at all times throughout the Term, and except as previously disclosed to Advertiser: (i)it has not, within the past twelve (12)months, received any material inquiry, investigation, civil investigative demand, subpoena or other similar request from any Governmental Authority specifically related to a Promotion, and (ii)it is not (x) the subject of any material enforcement action or complaint by any Governmental Authority specifically related to a Promotion or (y)named in any civil or criminal proceedings by any Governmental Authority or any Governmental Order specifically related to a Promotion. In the event that Company is no longer in compliance with any part of this Section9.3 at any time throughout the Term, Company shall immediately notify the Advertiser in writing of such non-compliance. Any such non-compliance shall be considered a material breach hereunder.

The portfolio manager’s base salary is determined annually by level of responsibility and tenure at Geode. The primary component for determining the portfolio manager’s bonus is the pre-tax investment performance of the portfolio manager’s fund(s) and account(s) relative to a custom peer group, if applicable, and relative to a benchmark index assigned to each fund or account. Performance is measured over multiple measurement periods that eventually encompass periods of up to five years. A portion of the portfolio manager’s bonus is linked to Fidelity® Large Cap Growth Index Fund’s relative pre-tax investment performance measured against the Russell 1000® Growth Index. A subjective component of the portfolio manager’s bonus is based on the portfolio manager’s overall contribution to the management of Geode, including recruiting, monitoring, and mentoring within the investment management teams, as well as time spent assisting in firm promotion. The portfolio manager may also be compensated under a profit-based compensation plan, which is primarily based on the profits of Geode.

· Promotional contact with patients or patient support groups constitute direct-to-consumer promotion. Napo must specifically provide its approval for RedHill to have direct contact with patients or patient support groups.

4. INFORMATION DISPLAYED AND DISTRIBUTED. UC and DIGITAL shall determine what information shall be displayed on the POS Terminals and customer/donor receipts as part of each DD Promotion Merchant transaction (“POS Information”) and shall further determine what information about the DD Promotion, UC and any other charity whose charitable purposes may be supported by contributions to UC through the DD Promotion (any such charity, a “Potential UC DD Grantee”) shall be provided to all Merchants to enable accurate responses to potential customer/donor questions (“Donor FAQ”). DIGITAL shall ensure that the POS Information approved by UC is used in all such DD Promotion and that the Donor FAQ approved by UC is available to all Merchants electronically participating in the DD Promotion. The initial versions of the POS Information and Donor FAQ are included as Schedules B and C hereto. No modifications to the POS Information or Donor FAQ other than those requested by UC may be made without the prior written consent of UC; DIGITAL agrees to enforce this restriction on all Merchants. DIGITAL shall not use or permit others to use any of the Marks or any other name, trademark or logo of UC on any POS Terminal or collateral Merchant materials without the prior written approval of an authorized officer of UC.

8. TERMS OF PAYMENT TO UC. On behalf of UC, DIGITAL will collect all contributions made to UC on any POS Terminal or other device at the end of each billing period (monthly) by ACH debit. DIGITAL will provide to UC access to online analytic information regarding the DD Promotion. Reports will include the DD Grantee, date, location and amount net of fees payable to DIGITAL under Section 9 below.

18. FORCE MAJEURE. Neither Party shall be deemed to be in default of any provision of this Agreement, or for failures in performance, resulting from acts or events beyond its reasonable control (an “Event”) for the duration of the promotion. Such Events shall include, but are not limited to acts of God, civil or military authority, terrorists, civil disturbance, war, strikes, fires, other catastrophes, labor disputes, parts shortages, or other events beyond the Parties’ reasonable control.

On November 30, 2016, BrewDog USA Inc. commenced a promotion and marketing campaign in which existing shareholders who purchase shares through the Regulation A offering, and those who purchase such shares during said promotion, will have the right to opt in, in each shareholder's individual discretion, to the promotion, by electronically agreeing to the terms of an online contract related to the promotion. For shareholders who opt in and agree to the contractual terms, BrewDog USA Inc. has agreed to double the amount of shares specified by the shareholder in their contractual submission, based upon the outcome of a vote of shareholders who opt in, as to the positive outcome of a legal wager to be made in a casino by James Watt, Chief Executive Officer and/or Martin Dickie, Chief Operations Officer of the issuer. For shareholders who opt in and agree to the contractual terms, each shareholder will agree to grant back to BrewDog USA Inc. the amount of shares specified by the shareholder in their contractual submission, based upon the negative outcome of the same legal wager to be made in a casino by James Watt, Chief Executive Officer and/or Martin Dickie, Chief Operations Officer of the issuer.

4.9.4 Compensation for Co-Promotion. The Parties shall share, pursuant to Section6.7, the costs and expenses incurred by the Parties with respect to co-promotion under the Co-Promotion Agreement solely to the extent that such costs and expenses are included in Net Profits/Net Losses; provided, that each Party shall bear its own costs with respect to promotion by its internal sales force and such costs shall not be included in the calculation of Sales and Marketing Costs or Allowable Expenses hereunder. AbbVie shall have no other obligation to compensate Galapagos with respect to its co-promotion of the Co-Promotion Products.

We have significantly diversified our revenue streams in the recent years; however, the sale of online advertising in Russia still accounts for a sizeable portion of our overall revenue. Although the use of the internet as a marketing channel in Russia is already mature, the internet continues competing with traditional advertising media, such as television, print, radio and outdoor advertising. Although advertisers have become more familiar with online advertising in recent years, some of our current and potential customers still have limited experience with online advertising and have not historically devoted a significant portion of their marketing budgets to online marketing and promotion. As a result, they may be less inclined to consider the internet effective in promoting their products and services compared with traditional media.

4.8.4Compensation for Co-Promotion.The Parties shall share, pursuant to Section 7.8, the costs and expenses incurred by the Parties with respect to co-promotion under the Co-Promotion Agreement solely to the extent that such costs and expenses are included in Net Profits/Net Losses.AbbVie shall have no other obligation to compensate Licensor with respect to its co-promotion of the Co-Promotion Products.Licensor shall be solely responsible for all costs and expenses incurred for its Detailing efforts, except to the extent included in Allowable Expenses pursuant to the terms and conditions of this Agreement.For clarity, if Licensor has not exercised its Co-Development Opt-Out Right for a given Licensed Product, Licensor shall receive the same compensation under Section 7.8 regardless of whether or not it exercises its Co-Promotion Option.