BUSINESS OF THE PARTIES INVOLVED IS REGULATED BY THE LICENSING AGREEMENTS MENTIONED ABOVE , WHICH HAVE BEEN NOTIFIED TO THE COMMISSION AND WHICH CONTAIN , IN THE VERSION IN FORCE SINCE 1 NOVEMBER 1977 , THE PROVISIONS DESCRIBED BELOW .
1 . CAMPARI-MILANO GRANTS TO THE FOLLOWING FIRMS AN EXCLUSIVE RIGHT TO USE ITS TRADEMARKS FOR THE MANUFACTURE OF ITS APERITIFS USING ITS SECRET PROCESSES AND ITS CONCENTRATES , AND FOR THEIR SALE IN THE FOLLOWING TERRITORIES :
- OGNIBENI EN CO . : NETHERLANDS ,
- HANS PRANG : GERMANY ,
- CAMPARI FRANCE SA : FRANCE , MONACO AND CERTAIN FRENCH OVERSEAS TERRITORIES ,
- SOVINAC SA : BELGIUM AND LUXEMBOURG ,
- JOHS M . KLEIN OG CO . : DENMARK .
CAMPARI-MILANO UNDERTAKES NOT TO MANUFACTURE ITS APERITIFS ITSELF IN THESE TERRITORIES DURING THE VALIDITY OF THE AGREEMENTS .
2 . THE LICENSEES UNDERTAKE THAT DURING THE CURRENCY OF THE AGREEMENTS THEY WILL NOT HANDLE COMPETING PRODUCTS , NOTABLY CERTAIN BEVERAGES CALLED BITTER AND AERATED DRINKS SIMILAR TO CAMPARI SODA .
3 . THE LICENSEES AND CAMPARI-MILANO UNDERTAKE NOT TO CARRY ON ANY ACTIVE SALES POLICY , NOT TO SET UP ANY BRANCHES AND NOT TO ADVERTISE , THE LICENSEES OUTSIDE THEIR RESPECTIVE ALLOTTED TERRITORIES , AND CAMPARI-MILANO WITHIN THESE TERRITORIES .
HOWEVER , THE LICENSEES AND CAMPARI-MILANO WILL DO ALL THEY CAN TO MEET UNSOLICITED EXPORT ORDERS FOR DELIVERY WITHIN THE EEC FOR CAMPARI PRODUCTS MANUFACTURED ACCORDING TO THE SPECIFICATIONS AS TO ALCOHOLIC STRENGTH , LABELLING , BOTTLE CONTENT , ETC ... APPLICABLE , IN THE CASE OF A LICENSEE IN ITS ALLOTTED TERRITORY , AND OF CAMPARI-MILANO IN ITALY . SUCH SALES WILL BE AT THE PRICES AND ON THE CONDITIONS OBTAINING IN ITS OWN EXCLUSIVE TERRITORY IN THE CASE OF AN EXPORTING LICENSEE , AND ON THE CONDITIONS OBTAINING ON THE ITALIAN MARKET IN THE CASE OF CAMPARI-MILANO ; WHERE CAMPARI-MILANO IS EXPORTING , ITS PRICES WILL BE INCREASED BY THE ROYALTIES AND ADVERTISING COSTS NORMALLY BORNE BY THE LICENSEES .
WHERE UNSOLICITED ORDERS ARE RECEIVED FOR BITTER MANUFACTURED ACCORDING TO THE SPECIFICATIONS OBTAINING ON THE MARKET TO WHICH THE GOODS ARE TO BE EXPORTED , THE PARTIES ARE FREE TO ACCEPT OR REFUSE ; THE PRIMARY REQUIREMENT IS THAT THE EXCLUSIVE TERRITORIES , OR IN CAMPARI-MILANO'S CASE THE ITALIAN MARKET , MUST NOT BE UNDERSUPPLIED , AND IN THE CASE OF THE LICENSEES CAMPARI-MILANO MUST FIRST BE ASKED FOR THE FORMULAE REQUIRED TO MANUFACTURE THE PRODUCTS . CAMPARI-MILANO HAS THE RIGHT TO MEET ORDERS ADDRESSED DIRECTLY TO IT BY MEMBERS OF THE DIPLOMATIC CORPS OR FOREIGN ARMED FORCES .
THE LICENSEES AND CAMPARI-MILANO UNDERTAKE TO DO ALL THEY CAN TO HELP BUYERS OF THEIR PRODUCTS WHO WISH TO EXPORT THE PRODUCTS WITHIN THE EEC TO OBTAIN DRAWBACK OF TAXES OR DUTIES ON ALCOHOL , TO THE EXTENT PERMITTED BY THE NATIONAL FISCAL REGIME IN QUESTION .
LASTLY , EACH LICENSEE UNDERTAKES NOT TO EXPORT CAMPARI PRODUCTS DIRECTLY OR INDIRECTLY OUTSIDE THE EEC