Product Marketing And Distribution Agreement

Manufacturers generally require distributors to sell and market their products at the wholesale or retail level. The use of distributors is a useful and easy way to bring your products to stores and establish your brand with customers. At the end of this agreement, for whatever reason, the distributor will immediately cease the use of Initius` trademarks, as permitted in this section, and will immediately take all appropriate and necessary measures to remove (a) all lists from public records, telephone directories, other directories, remove any advertising or visual literature on the distributor`s website. , on the Internet and elsewhere that would suggest or make the public believe that the distributor is the representative of the supplier (or one of its related companies) or would have the effect that the distributor is the representative of the supplier (or one of its related companies) or that it is a product or service of the supplier (or one of its related companies); and (b) to cancel, abandon or transfer all product licenses, trademark applications, trademark applications or registrations or any other request from local governments (whether or not these applications have been accepted by the supplier) that may contain trademarks or names that are available with supplier trademarks. If this paragraph is not complied with, the supplier may request such moves, cancellations, waivers or assignments on behalf of the distributor. The distributor supports and reimburses the supplier for the costs incurred by the application of this paragraph. The supplier may provide the distributor with certain confidential or protected information ("confidential information"). Confidential information includes information, whether written, electronic or oral, that the distributor knows is a proprietary, confidential or commercial trade secret of the supplier, including all technical or commercial information, software, including its source code and documentation, specifications and design information for suppliers, maintenance information, customer lists , price information, marketing information, policies, procedures and manuals through distributors or distribution channels. , research and development and other proprietary substances related to supplier products or supplier activities.

The distributor will refrain from using the confidential information unless necessary to exercise its rights or fulfill its obligations under this Agreement. The distributor will also limit the disclosure of confidential information to those who must be aware of such confidential information in order to enable the distributor to comply with its obligations and to enjoy the rights conferred on it by this agreement. These persons are informed of the provisions of this section and agree with them and the distributor remains responsible for any unauthorized use or disclosure of confidential information by any of them. At the end of the agreement (or earlier, at the supplier`s request), the distributor will stop using all confidential information and immediately destroy the supplier (or destroy it, at the supplier`s request) all documents (written or electronic) in its possession or control, which constitute confidential information.

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