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Document Preview Marketing and Promotion Agreement |
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Title: |
Marketing and Promotion Agreement |
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Entities: |
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Date: |
2005 |
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Size: |
Preview shows 7KB of 26KB total |
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Price: |
$40 |
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ID: |
#1334770 |
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MARKETING AND PROMOTION AGREEMENT
THIS MARKETING AND PROMOTION AGREEMENT (this Agreement), is made and entered into as of August 4, 2005 (the Effective Date), by and between Whos Your Daddy, Inc., a Nevada corporation (WYD), with its principal place of business located at 3131 Camino Del Rio North, Suite 1650, San Diego, CA 92108, and Rich Entertainment, Inc., a California corporation (RE), f/s/o Percy Miller, with its principal place of business located at 9720 Wilshire Blvd., Suite 700, Beverly Hills, CA 90212.
WHEREAS, RE and/or its officers, including Percy Miller, aka the recording artist known as Master P (Artist), are of celebrity status and are currently engaged in the entertainment industry, as well as other industries relating to the marketing and distribution of trademarked and branded merchandise.
WHEREAS, WYD owns certain proprietary rights relating to the trademark and trade name Whos Your Daddy (the Marks) and sells certain products labeled and/or branded with the Marks (the Products).
WHEREAS, WYD and RE desire to enter into this Agreement to market and distribute certain Products through distribution channels and media access available to RE, on the terms and subject to the conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants and agreements contained herein, the parties hereto agree as follows:
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1. |
Services. RE shall assist WYD in the promotion, marketing, advertising and distribution of the Promoted Products (defined below in Section 2) by providing the following services (the Services) with respect to the Promoted Products: | |
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1.1 |
Product Placement. RE will assist WYD in entering into agreements with stores and retail chains, including, without limitation, K-Mart, Wal-Mart, Target, and Payless Shoe Stores (Retail Stores) for the placement of Promoted Products for sale in the Retail Stores. | |
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1.2 |
Personal Appearances. Subject to his reasonable availability, Artist shall make personal appearances for WYD.] | |
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1.3 |
RE Identification. Subject to RE approval, RE grants WYD the right to use the RE Identification (defined below) for advertising and promotions for the Promoted Products in all media now known or as may be hereafter developed, including, without limitation, print, broadcast, electronic and wireless media, including, without limitation, television, radio, newspapers, magazines, free standing inserts, direct mail, trade organizers, outdoor advertising, point-of-sale advertising, in-house publications and internal (not for broadcast or public distribution), as well as all other reasonable forms of advertising and labeling, whether now | |
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known or developed, or developed hereafter. "RE Identification" means Artists name, signature, approved photograph, voice or other sound effects, approved likeness, personality, endorsement, biography, all as approved and provided by RE to WYD specifically for use in connection with Promoted Products, and any distinctive elements, lettering style or color used in connection therewith. RE shall have the right to approve of such uses of the RE Identification, with such approval not to be unreasonably withheld or delayed. | ||
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1.4 |
[Links. The parties agree to coordinate efforts as necessary to establish hotlinks between [WYD WEBSITE] and [MASTER P WEBSITE].] | |
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2. |
Product Approval Process. RE shall have the right to approve of the Products with respect to which it will render Services (the Promoted Products), with such approval not to be unreasonably withheld. RE must give reasonable reasons for not approving a Product. The parties agree to attend and participate in a reasonable number of business meetings each year during the Term relating to the Services and the promotion, advertising, marketing and distribution of the Products. At such meetings, among other things, the parties shall discuss and identify which Products will be Promoted Products. RE shall promote , subject to his schedule, different Promoted Products during the Term. For the avoidance of doubt, no approval of RE will be required for WYD to market or distribute any Products without the use of the Services, or RE identification. | |
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