definiens: means all written, printed, video or graphic advertising, promotional, educational and communication materials ( other than Collaboration Product labels and package inserts ) for marketing, advertising and promotion of the Collaboration Products, including, without limitation, copyrights in any such materials and all designs, industrial designs, design patents, design registrations, and design patent applications developed in connection with such materials, for use by ( a ) a Sales Representative or ( b ) advertisements, web sites or direct mail pieces, in accordance with the terms of the applicable Marketing Plan . For clarity, it is understood and agreed that Promotional Materials shall not include corporate communications and general marketing or advertising by a Party or its Affiliate ; provided however, that to the extent that such corporate communications or general marketing or advertising include or reference a Collaboration Product or related disease state and do not make any actual or implied claims, then such corporate communications or general marketing or advertising shall be governed by the provisions of Section 10.2