Common use of Marketing Practices Clause in Contracts

Marketing Practices. Distributor shall: (a) conduct its business in a ------------------- manner that reflects favorably at all times on the Software and the good name, goodwill and reputation of Primus; (b) avoid deceptive, misleading or unethical practices that are or might be detrimental to Primus, the Software, or the public, including without limitation disparagement of Primus or the Software; and (c) make no false or misleading representations or statements with regard to Primus or the Software. If Distributor does not comply with the provisions of this Section 3.11, no breach of this Agreement giving rise to damages shall occur unless (x) Primus shall have notified Distributor in writing of the nature of the non-compliance, and (y) the non-compliance shall be continuing following the expiration of the sixty (60) day period commencing on the date on which Distributor is so notified.