Schedule 1 - Standard Marketing Activities
STANDARD MARKETING ACTIVITIES
(i) Leaflets, Flyer Insertions, Catalogues, Point of Sale Materials and Out of Home Advertising. – Partner may produce printed advertisements in these media formats that feature the Products. Such materials may be inserted into printed media or otherwise distributed or displayed by Partner in accordance with the Agreement.
(ii) Direct Marketing Mail/Email/SMS – Partner may produce advertisements in mail/email/SMS formats that feature the Products. The communications containing such advertisements will be sent to Partner’s End User Database via mail, email or SMS. Partner (and not Google) will be clearly marked as the sender of such advertisements and they will be branded with Partner’s branding.
(iii) Additional Training – Partner may provide additional and specific training to its staff in relation to Product functionality. Such training will refer to Materials, instructions or guidance provided by Google only, and will not make reference to any other information unless approved by Google in advance. Google may supply ex gratia Product stock or training materials for these purposes.
(iv) Page in the Press – Partner may produce printed advertisements that feature the Products and are placed in Partner’s existing fixed inventory advertising space (e.g. in newspapers/magazines).
(v) Google Promotional Offers – Partner may advertise sales promotions (in accordance with Paragraphs iv, xiiii or xiv of this Schedule) where Google agrees to gift Products and/or other Google branded items (either individually or as part of a bundle, and including Google gift vouchers, for example, for the Google Play Store) to consumers in connection with Product sales.
(vi) Partner or Third Party Promotional Offer – Partner (by itself or in acting with a third party) may gift to consumers Partner, Google or third-party branded goods and/or content (either individually or as part of a bundle) as part of a sales promotion in connection with Product sales.
Sales promotions to consumers under Paragraph (v) and (vi) of this Schedule also include bundle offers, where the Partner sells more than one Product together, or a Product with a third-party product or service, to a consumer for a price that is lower than the manufacturer’s suggested retail price.
(vii) Coupons, Cash-back Offers or Price Reductions – Partner may choose to reduce the price of particular Products for consumers via price reductions, cash-back offers or coupon mechanisms. The parties acknowledge that consumer pricing is at Partner’s discretion.
(viii) Trade In – Partner may run a trade-in sales promotion whereby consumers who return to Partner their existing hardware device receive a new Product for free or at a reduced price. Partner remains free to establish its own resale prices for the Products. Partner will be responsible for running the trade-in sales promotion and ensuring that all returned devices are handled in compliance with all applicable laws.
(ix) Employee Device Discount – Partner may opt to reduce the price of particular Products for purchase by Partner’s employees via a price reduction. Partner remains free to establish its own resale prices for the Products. Partner will be responsible for administering the employee device discount program.
(x) Employee Loaner Device Program - Partner may select a number of Partner sales employees to be ambassadors for the Products and loan such employees a Product to trial. Partner will be responsible for administering the employee loaner device program.
(xi) Sales Performance Incentive Fund (“SPIF”) – Partner may engage in SPIFs as a method to drive increased Product advocacy amongst Partner sales staff through incentives which are tied to sales objectives. Partner will be responsible for administering the SPIFs and will use the Charges to reward Partner sales staff who meet identified sales targets in the manner set out in the Marketing Activity Terms.
(xii) Partner Branded Service – Partner may gift to consumers a Partner branded service as part of a sales promotion in connection with the sale of a Product. Partner (and not Google) will be clearly marked as the provider of such Partner branded service.
(xiii) Partner Brand Activation Activity – Partner may undertake Partner-branded brand activation activities to promote the Product either for consumers or Partner staff e.g. a cupcake giveaway for consumers or a coffee cart at a Partner sales associate event. Partner will be fully responsible for administering the activity.
(xiv) Partner-branded Online Advertising – Partner may feature Products in Partner-branded online advertising, the media space for which is purchased or owned by Partner, and not Google. Google contributes towards the cost of the ad placement only. Google will approve the use of Materials and Google Brand Features, but Partner is responsible for ad clearance.
(xv) Partner-branded Broadcast Advertising – Partner may feature Products in Partner-branded broadcast advertising, the media space for which is purchased or owned by Partner, and not Google. Google contributes towards the cost of the ad placement only.
NON-STANDARD MARKETING ACTIVITIES
1. Any marketing activity not set out as a Standard Marketing Activity above is a Non-Standard Marketing Activity.
2. The following are specifically identified as Non-Standard Marketing Activities. This list is non-exhaustive:
(i) Google-branded broadcast advertising. "Google-branded" means advertising that exclusively features Google products in the Google led style guide and is targeted at end users as an advertisement that is produced and published by Google; and
(ii) Any Marketing Activity in connection with which either party supplies personal data to the other party or processes personal data on behalf of the other party.