Common use of Marketing and Distribution Clause in Contracts

Marketing and Distribution. Subject to the rights and restrictions set forth in this Agreement, Partner will use reasonable efforts to (a) actively market, promote, and sell TAC Products and Services; (b) make periodic and regular demonstrations showcasing the features of the TAC Products and Services; (c) establish and maintain appropriate marketing and sales facilities and personnel to create and meet the demand for TAC Products and Services and related support among Resellers and End Users; (d) represent the TAC Products and Services accurately and fairly and at all times avoid deceptive, misleading or unethical business practices; and (e) carry out the promotional and other tasks agreed between the Parties. Partner will make no claim, representation, warranty, or guarantee to Resellers or End Users or third parties relating to the performance or functionality of the TAC Products and Services other than as expressly set forth by TAC in the End User Agreements. Partner may determine its own sale prices. Partner agrees that it will promptly report any effort by TAC personnel to interfere with its pricing policies directly to a TAC officer or manager. Partner agrees to confer periodically with TAC, at TAC’s request, on matters relating to market conditions, sales forecasting, product planning and promotional marketing strategies. Partner will conduct business in its own name and in such a manner that will be reasonably expected to reflect favourably at all times on the TAC Products and Services and the good name, goodwill, and reputation of TAC.