Distributor’s Targets Sample Clauses

The 'Distributor’s Targets' clause sets specific sales or performance goals that a distributor is expected to achieve within a defined period. These targets may relate to sales volume, revenue, market penetration, or other measurable objectives, and are often reviewed periodically to assess the distributor’s performance. By establishing clear benchmarks, this clause helps ensure accountability and provides a basis for evaluating whether the distributor is meeting the expectations of the supplier, potentially triggering consequences or incentives based on performance.
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Distributor’s Targets. The parties agree that the company has entered into this Agreement with certain expectations regarding sales and market penetration. The Company and Distributor shall jointly establish reasonable sales quotas based upon market conditions. The Distributor’s sales quotas for the years 2006 through 2008 are as set forth in Exhibit B attached hereto. Distributor expressly acknowledges and agrees that the aforesaid sales quotas are reasonable and reflect the reality of the market in the Territory. It is agreed that failure by Distributor to reach its sales quotas shall be just cause for the Company to terminate this Agreement. In addition to the foregoing, the sales targets shall be subject to increase by the Company if the Company adds new products, in the same markets as the Products, through merger, acquisition, internal development or otherwise, in which case the targets shall be increased, in the first year in which the new product(s) are added to this Agreement, by an amount agreeable to both parties. In no event shall the revised targets be less than the amount of sales of such new product(s) if previously sold in the Territory during the immediately preceding twelve (12) month period, with the targets to be increased thereafter in the same percentage, as was the case prior to the addition of the new product(s). In the event that the parties do not agree to the increased sales targets within thirty (30) days of notification of the addition of the new products, the Company shall set the sales targets as it deems reasonable based upon marked conditions.
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Related to Distributor’s Targets

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Existing Products Except as set forth below, Contractor shall retain all rights, title and interest in Existing Products.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Sublicensees 4.1 The Regents also grants to IntraBiotics the right to issue exclusive or nonexclusive sublicenses ("Sublicenses") to third parties to make, have made, use and sell [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED. Licensed Products and to practice Licensed Methods in the Field in any jurisdiction under which IntraBiotics has exclusive rights under this Agreement. All such Sublicenses shall be subject to the rights of The Regents under this Agreement, with the exception that Sublicensees need not pay the license issue fee provided for in Article 5, or patent costs provided for in Article 8. To the extent that IntraBiotics licenses third parties to make, have made, use and sell Licensed Products and to practice Licensed Methods that are covered solely by Joint Patent Rights, for the purposes of this Agreement, such licenses shall be considered Sublicenses. To the extent applicable, Sublicenses shall also be subject to the rights of the United States federal government under 35 U.S.C. Section 201-212. 4.2 IntraBiotics shall pay to The Regents, upon the Net Sales of Licensed Products sold or disposed of by Sublicensees, an earned royalty equal to [ * ] of the royalties received by IntraBiotics from its Sublicensees for products covered by Regents' Patent Rights, and an earned royalty equal to [ * ] for products covered solely by Joint Patent Rights. 4.3 IntraBiotics shall pay to The Regents [ * ] of all Sublicensing Income. Such payments shall be made quarterly in accordance with the payment schedule described in paragraph 10.3. 4.4 IntraBiotics shall provide to The Regents a copy of each Sublicense granted by IntraBiotics and a copy of all information submitted to IntraBiotics by Sublicensees relevant to the computation of the payments due from IntraBiotics to The Regents under this Article 4. 4.5 IntraBiotics shall use its best efforts to write its sublicense agreements so that upon termination of this Agreement for any reason, all outstanding Sublicenses will be assigned to The Regents and will remain in full force and effect under the same terms and conditions with The Regents as the licensor thereunder in the stead of IntraBiotics, but the duties of The Regents under such assigned Sublicenses shall not be greater than the duties of The Regents under this Agreement.

  • Third Party Components The Products and Services may contain third party components (including open source software) subject to separate license agreements. To the limited extent a third party license expressly supersedes this ▇▇▇▇, such third party license governs Customer’s use of that third party component.