Common use of Marketing and Distribution Clause in Contracts

Marketing and Distribution. ATS will use its commercially reasonable efforts to promote, market and distribute the Services in conjunction with the ATS System under this Agreement. ATS shall have discretion to decide the methods and channels used to market, promote and distribute the Services through those retailers set forth in Appendix G although ATS may distribute the Services in conjunction with ATS Telephones through retailers not set forth in Appendix G, subject to SP written approval that may not be unreasonably withheld or delayed. Nothing herein shall limit ATS’ right to promote, market and distribute other Telephones that are not bundled with the Services provided by SP, nor SP’s right to promote and distribute other hardware or Services not bundled with the ATS System, subject to any exclusivity provisions contained in Section 12 below except as provided in Section 2(d). ATS shall be solely responsible for the development of all promotional and marketing materials, inserts and advertising materials (“Materials”) except as set forth in section 1 (b) above. Without limiting the foregoing, ATS may not produce or utilize any marketing materials, promotional initiatives or advertisements for the Service unless approved by SP in writing in advance, and such approval or rejection must take place in a timely manner and approval may not be unreasonably withheld or delayed. Should SP require certain disclosures required by Regulatory Authorities to be included with the Telephones in the packaging, SP agrees to provide ATS with such information in a timeframe sufficient to permit ATS to include the disclosures with the Telephones. American Telecom Services, Inc. Private and Confidential

Marketing and Distribution. ATS will use its commercially reasonable efforts to promote, promote and market and distribute the Services in conjunction with the ATS System under this Agreement. ATS shall have discretion to decide ATS’s distribution of the methods Telephones and channels used to market, promote and distribute the Services through those retailers set forth in Appendix G although ATS may distribute the Services New Telephones in conjunction with ATS the Services shall be limited initially to the Strategic Accounts identified in Section 9 below, except as further outlined below. Distribution of Telephones and New Telephones through retailers not set forth any other retailer or channel (a “Non-Strategic Account”) may occur only if approved in Appendix Gwriting in advance by SP, subject which approval is in SP’s sole discretion. ATS and SP agree that * , * , * and any accounts where ATS has already shipped products, to SP written approval that may not be unreasonably withheld or delayedlimited to * , * , * and * , shall be considered approved Non-Strategic Accounts under this Agreement. Nothing herein shall limit ATS’ right to promote, market and distribute other Telephones any hardware or device that are is not bundled with the Services provided by SP, nor SP’s right to promote and distribute other hardware or Services not bundled with the ATS System, subject to any exclusivity provisions contained in Section 12 below except as provided in Section 2(d). ATS shall be solely responsible for the development of all promotional and marketing materials, inserts and advertising materials (“Materials”) except as set forth in section 1 (b) above. Without limiting above and SP shall have the foregoing, ATS may not produce or utilize any marketing materials, promotional initiatives or advertisements for the Service unless approved by SP right to approve in writing in advanceadvance the representation of the SP brand, logos, marks, service plans and any marketing positioning related to the SP Services on all such Materials. SP will make commercially reasonable efforts to issue approval or rejection must take place in a timely manner and approval may not be unreasonably withheld or delayedof such Materials within five (5) business days. Should SP require certain disclosures required by Regulatory Authorities to be included with the Telephones and/or New Telephones in the packaging, SP agrees to provide ATS with such information in a timeframe ____________________ * Subject to a request for confidential treatment; Separately filed with the Commission. sufficient to permit ATS to include the disclosures with the Telephones and/or New Telephones. American Telecom Services, Inc. Private and Confidential.