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 (i) actively market, promote and distribute the Red Hat Products; (ii) make periodic and regular demonstrations showcasing the features of the Red Hat Products; (iii) establish and maintain appropriate marketing and distribution facilities and personnel to create and meet the demand for Red Hat Products and related support among End Users; (iv) represent the Red Hat Products accurately and fairly and at all times avoid deceptive, misleading or unethical business practices; and (v) carry out the promotional and other tasks set forth in the applicable Program Guide. Partner will make no claim, representation, warranty, or guarantee to End Users or third parties relating to the performance or functionality of the Red Hat Products other than as expressly set forth by Red Hat in its published manuals, training materials, software descriptions and specifications, brochures, technical manuals, license agreements, supporting materials, and other printed information. Partner shall determine its own resale prices. Partner agrees that it will promptly report any effort by Red Hat personnel to interfere with its pricing policies directly to a Red Hat officer or manager. Partner agrees to confer periodically with Red Hat, at Red Hat’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 favorably at all times on the Red Hat Products and the good name, goodwill and reputation of Red Hat.