Sales Practices Sample Clauses
The Sales Practices clause defines the standards and requirements that a party must follow when marketing, selling, or distributing products or services under the agreement. It typically outlines acceptable and prohibited behaviors, such as avoiding false advertising, misrepresentation, or unethical sales tactics, and may require compliance with applicable laws and industry regulations. This clause serves to protect both parties by ensuring that sales activities are conducted ethically and legally, thereby reducing the risk of disputes, reputational harm, or regulatory penalties.
Sales Practices. No person shall use any sales aids, promotional material, or sales literature with respect to Contracts or Shares which have not been specifically approved in advance by the Distributor and the Company. No person shall, in connection with the offer or sale of the Contracts, make any representations regarding the Contracts, the Accounts, the Shares, the Company, Fortis Advisers, Inc., or the Distributor, which are not authorized by the Company and the Distributor or contained in a then-effective Registration Statement of the Account or Fortis Series Fund, Inc. under the 1933 Act (“Registration Statement”).
Sales Practices. No person shall use any sales aids, promotional material, or sales literature with respect to Contracts or Shares which have not been specifically approved in advance by the Distributor and the
Sales Practices. The Seller and its Affiliates are in compliance with all applicable laws (including rules and regulations but excluding licensing requirements) of federal, state, local and foreign governments (and all agencies thereof) with respect to their sales practices related to the sale of Insurance Products (as hereinafter defined) of the Business, except where such violation or non-compliance would not reasonably be expected to have a Material Adverse Effect.
Sales Practices. SBC California and ASI adhere to strict standards and practices regarding the protection of end user information. These standards are reiterated in SBC Communications Inc.’s policy on CPNI (“customer proprietary network information”) compliance and Code of Conduct, as amended from time to time. SBC California and ASI will continue to monitor and apply the appropriate level of discipline for Code of Conduct violations, up to and including dismissal. ISPs will promptly provide examples of perceived breaches of the Code of Conduct (a copy of which has been provided to CISPA) and inappropriate sales practices to the Ombudsperson’s office. SBC California and ASI will select an independent third party reasonably acceptable to CISPA to review ASI and SBC California’s process and procedures associated with access to and use of the ISP’s information regarding end users; provided, however, that ASI and SBC California will not be required to permit monitoring or audit activities which conflict with their obligations under agreements with union-represented employees. ASI, SBC California and CISPA will each receive statistical information from the third party regarding the results of such review. CISPA, however, shall not be entitled to receive any individually-identifiable information about SBC California’s or ASI’s employees, agents, consultants or representatives from the third party. The results of the third party review shall be confidential. Nothing in this paragraph should be construed to prevent CISPA, SBC California or ASI from responding to discovery propounded upon it by a third party or to otherwise prevent it from complying with a legal obligation to provide information to the CPUC or any third party pursuant to any compulsory legal process. With respect to the third party review described above, the first step will be for CISPA, SBC California and ASI to agree on a review process. After the agreed-upon process has been completed, if the third party review reveals that problems, if any, are de minimus, there will be no further third party reviews.
Sales Practices. The Distributor will use its best efforts to assure that no person uses any sales aids, promotional material, or sales literature with respect to Contracts that have not been specifically approved in advance by the Distributor and the Company. The Company will be responsible for filing such items, as necessary, with any insurance regulatory authorities and, where necessary, obtaining approvals of said authorities. Distributor will use its best efforts to assure that no person, in connection with the offer or sale of the Contracts, makes any representations regarding the Contracts, the Sub-Accounts, the Company, shares of the Funds, the Funds, or the Distributor, which are not either then authorized by the Company and the Distributor or contained in a then-effective Registration Statement relating to the Separate Accounts and the offering of the Contracts (the "Registration Statement").
Sales Practices. Resellers shall conduct their business in a reasonable and ethical manner at all times and shall neither engage in any deceptive, misleading, or unethical practices or advertising at any time, nor make any warranties or representations concerning the products except as expressly authorized by Golight. Resellers shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of Golight products;
Sales Practices. Retailer shall conduct its business in a reasonable and ethical manner at all times and shall not engage in any deceptive, misleading, or unethical practices or advertising at any time. Retailer shall not make any warranties or representations concerning the Products except as expressly authorized by PurWell. Retailer shall comply with any and all applicable laws, rules, regulations, and policies related to the advertising, sale, and marketing of the Products. Retailer shall represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the reputation of PurWell.
Sales Practices. Since June 30, 2009, no Seller has sold or agreed to sell any Products (i) accompanied by payment, pricing or shipment terms (e.g., deferred due dates, reduced pricing or payment discounts) that are outside the ordinary course of business consistent with past practice, (ii) to any Affiliate outside the ordinary course of business consistent with past practice, (iii) accompanied by an agreement, whether written or oral, to provide advertising support outside the ordinary course of business, (iv) accompanied by return rights outside the ordinary course of business consistent with past practice or (v) has reduced promotions, credits or incentives with respect to the Products other than in the ordinary course of business consistent with past practice. Since June 30, 2009, Sellers have not modified the sales representative compensation program with respect to the Products in a manner that would reasonable be expected to materially reduce or otherwise have a material negative impact on the benefits granted thereunder to employees or sales representatives.
Sales Practices a. Except for such other prior course of dealing as the parties may have mutually determined to establish (which the parties will cooperate to appropriately document following the Amendment No. 8 Effective Date):
i. Purchaser shall promptly refer to Sears any Cardholder complaint regarding the quality of Merchandise or otherwise related to Sears;
ii. Sears shall promptly refer to Purchaser any Cardholder complaint regarding a Former NR/TY Card account or otherwise related to Purchaser;
iii. Each party shall track complaints received by it from or on behalf of Cardholders or from any Governmental Authority in a manner that enables it to determine if it receives an inordinate amount of complaints regarding a particular matter so that such party (A) can determine if there is an issue related to this Agreement and (B) use commercially reasonable efforts to promptly correct problems; and
iv. Sears will submit sufficient, timely, and usable information regarding its complaint tracking to enable Purchaser to analyze complaint activity and trends for risk management purposes.
▇. ▇▇▇▇▇ represents and warrants to Purchaser that as of the Amendment No. 8 Effective Date, neither Sears nor its Affiliates, nor any merchant whose goods/services are sold on Sears Marketplace (a “Marketplace Vendor”) sells [***].
c. Notwithstanding anything to the contrary herein, Purchaser, after consultation with Sears, may take any actions and make any changes to this Agreement required to comply with Purchaser’s implementation of its policies and procedures relating to anti-money laundering, sanctions, customer identification and anti-bribery and corruption and Sears agrees to provide reasonable cooperation in connection therewith.
▇. ▇▇▇▇▇ acknowledges that Purchaser and its Affiliates are subject to regulatory oversight by Governmental Authorities and that such Governmental Authorities have the authority to examine, audit and inspect the activities of Sears and its Affiliates conducted pursuant to this Agreement. Sears shall and shall cause its Affiliates to, promptly cooperate with all Governmental Authorities having jurisdiction over Purchaser or its Affiliates in connection with any examination, audit or inquiry relating to this Agreement, and shall promptly cooperate with Purchaser in connection with any examination or audit of, or inquiry to, Purchaser or its Affiliates by such Governmental Authority. Such cooperation shall include permitting representatives of Purchaser and Gov...
Sales Practices. Sell goods on the basis of any of the --------------- following: a sale on extended terms, "dating," a ▇▇▇▇-and-hold sale, a consignment sale, a sale and return, a "guaranteed sale" (i.e., one in ---- which such Person guarantees resale by vendee or agrees to accept return of such goods), or any other sale pursuant to which such Person agrees to accept the return of goods, or to exchange the same upon the happening of any event other than failure to conform with quality specifications except where Lender first has been advised of such proposed transaction and consented thereto in writing.