AMD 2004 Annual Report Download - page 290

11.1.2Marketing Campaign. FASL will, on an annual basis, develop a global marketing plan for Products, in consultation with AMD and Fujitsu
(each, a “Marketing Plan”). Each Party will be responsible for performing the obligations under each Marketing Plan which such Party has agreed to in writing,
and shall bear all costs and expenses it has agreed in writing to bear in connection therewith. FASL will update each Marketing Plan on an as-needed basis. ****.
11.2 Joint Marketing.
11.2.1Restriction. If agreed in writing by the Parties, AMD may engage in joint marketing or promotional campaigns in which both Parties are
referenced. The Parties agree and acknowledge that using FASL-produced marketing materials and the Trademarks in connection with AMD’s normal sales
activities (including by modifying FASL marketing materials for incorporation into AMD’s general product marketing materials in accordance with Section
11.6.2) shall not constitute a joint marketing campaign.
11.2.2Joint Campaign Activities and Costs. Notwithstanding Section 11.2.1, AMD may request that FASL establish and implement a joint
marketing campaign. Upon such request, FASL may agree to establish such a joint marketing campaign on terms to be agreed. All costs and expenses incurred
**** in connection with any such joint marketing campaign shall be borne by ****; provided, however, that **** shall obtain **** prior written consent before
incurring any costs or expenses in connection with any such joint marketing activities that will be charged to ****.
11.2.3FASL Support. Upon AMD’s request, FASL may, but ****, participate in AMD-led marketing activities directed at a specific Customer or
group of Customers within the AMD Territory or the Joint Territory, or at any **** AMD **** Customer. FASL’s decision as to whether it will participate in
such activities will take into account ****.
11.3 Market Intelligence. AMD will use commercially reasonable efforts to keep FASL informed of industry trends and competitive conditions that may
affect the sale of Products in the AMD Territory, and will use commercially reasonable efforts to provide FASL with such information for regions in the Joint
Territory to the extent AMD becomes aware of such trends or conditions.
11.4 ****; Efforts. AMD will **** from time to time, and will use commercially reasonable efforts to ****, in each case ****. AMD will use
commercially reasonable efforts to ****.
11.5 ****.
11.5.1Activities. AMD will engage in the following demand creation activities with Customers and identified Leads in the AMD Territory, and, to
the extent commercially reasonable, with Customers and identified Leads in the Joint Territory, provided that such demand creation activities are consistent with
the then-current ****:
19
Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request.
Omissions are designated as ****. A complete version of the exhibit has been filed separately with the Securities and Exchange Commission.
Source: ADVANCED MICRO DEVIC, 10-K, March 01, 2005