definiens: means, with respect to a party, any one of the party, its Affiliates, or any person enjoying aspecial course of dealing with that party or its Affiliates . By way of example but not limitation, a includes co - marketing arrangements between a party and a third party wherein the thirdparty may sell Licensed Products, arrangements under which a third party will sell Licensed product under aprivate labeling arrangement with that party, supply contracts in which a party agrees with a third party tosupply or manufacture Licensed Products for sale by the third party under such third party 's name or mark, or barter arrangements in which a party exchanges Licensed Products for other products in kind . Adistributor of Licensed Product under a party ’s or its Affiliate ’s name or mark is not a Related Party if aparty or its Affiliate does not share, either directly or indirectly, in the proceeds from the distributor 's salesof Licensed Product