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Title: |
Promotion Agreement |
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Entities: |
HealtheTech, Inc.; HealthSouth Corporation; Healthetech Inc |
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Date: |
2002 |
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Size: |
Preview shows 5KB of 89KB total |
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Price: |
$45 |
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ID: |
#146263 |
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PROMOTION AGREEMENT
This Promotion Agreement ("Agreement") is made and entered into as of this 23rd day of May, 2002 ("Effective Date"), by and between HealtheTech, Inc., a Delaware corporation having its principal place of business at 523 Park Point Drive, Third Floor, Golden, Colorado 80401 USA ("HET"), and HEALTHSOUTH Corporation, located at One Healthsouth Parkway, Birmingham, Alabama 35243 ("HS").
Recitals
A. HS is the owner or licensee of certain media properties referred to as HS Properties (as further defined below).
B. HET is a personal health monitoring company that develops, manufactures, and markets various devices, software, and services for consumer health, fitness, and nutrition ("HET Business").
C. HS and HET wish to establish a relationship through which HS will promote the HET Business through the HS Properties.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, HS and HET hereby agree as follows:
Agreement
1.1 "Advertising Content" means the HET Content and HS Content.
1.2 "Affiliate" means, with respect to a party, any person or entity that controls, is controlled by, or is under common control with such party, where "control" means ownership of fifty percent (50%) or more of the outstanding voting securities (but only as long as such person or entity meets these requirements).
1.3 "HET Marks" means the trademarks, service marks and trade names of HET listed in Attachment C (as such list may be updated from time to time by HET upon notice to HS).
1.4 "HS Properties" means those publications listed in Attachment A.
1.5 "HS Content" are those advertising content and materials relating to the HET Business which is created in whole or part by or for HS pursuant to this Agreement or which were pre-existing prior to the Effective Date of this Agreement, but which HS proposes to use to promote the HET Business pursuant to the terms of this Agreement, and as further described in Attachment A-1.
1.6 "HET Content" means those advertising content and materials relating to the HET Business that are created solely by HET, or for HET (excluding all HS Content) and as further described in Attachment A-1.
1.7 "Third Party Content" means that HS Content as to which HS does not have the legal right to transfer ownership to HET pursuant to the terms of this Agreement.
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