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Title: |
Promotion Agreement |
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Entities: |
Ashworth, Inc.; Nantz, James W. III; James W. Nantz III; Nantz Communications, Inc. |
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Date: |
2002 |
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Size: |
Preview shows 6KB of 31KB total |
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Price: |
$38 |
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ID: |
#146488 |
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PROMOTION AGREEMENT
ASHWORTH, INC., JAMES W. NANTZ III
AND NANTZ COMMUNICATIONS, INC.
THIS AGREEMENT is entered into by and among ASHWORTH, INC. (The
"Company" or "Ashworth"), JAMES W. NANTZ III ("Nantz") and NANTZ COMMUNICATIONS,
INC. ("Nantz Communications"), effective as of November 1, 2001.
WHEREAS, the Company desires to retain Nantz Communications and Nantz
to provide certain promotional and other services and Nantz Communications and
Nantz are willing to provide such services on the terms and conditions set forth
herein; and
WHEREAS, the parties hereto desire to set forth in writing their
agreement as to such promotion arrangement;
NOW, THEREFORE, in consideration of the mutual covenants contained
herein and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereto hereby agree as follows:
DEFINITIONS
As used herein, the terms set forth below shall be defined as follows:
ENDORSEMENT shall include only the right to use the name, any nickname,
initials, autograph, facsimile signature, photograph, portrait, likeness, and/or
endorsement of Nantz.
ASHWORTH APPAREL shall mean all ASHWORTH(R) brand sportswear apparel
contained in the Company's present and future collections (during the Term (as
defined below)).
ASHWORTH PRODUCTS shall mean, collectively, Ashworth Apparel and
Ashworth hats and shoes.
DISABILITY shall mean mental or physical illness or condition rendering
Nantz incapable of fulfilling the services to be provided by him under this
Agreement for a continuous period of at least 60 days.
PREMIUM PROGRAM shall mean any traffic builder or other program
involving the use of a premium to sell products or services other than Ashworth
products and shall include any program primarily designed to attract the
consumer to purchase a product or service other than Ashworth Products
themselves.
CONTRACT YEAR shall mean a period of twelve (12) successive months
commencing on any first day of November during the Term.
{PAGE}
TERM OF RELATIONSHIP
1. GRANT AND ACCEPTANCE. The Company hereby retains Nantz Communications
and Nantz to provide the below described services (the "Services") and
Nantz Communications and Nantz agree to provide the Services upon the
terms and conditions herein set forth.
2. TERM. Except as otherwise provided herein, this Agreement shall
commence effective November 1, 2001, and shall continue for a term of
three (3) years expiring October 31, 2004 (the "Term").
SERVICES
Nantz Communications and Nantz shall furnish the following Services:
1. ENDORSEMENT. Subject to the terms and conditions hereof, Nantz
Communications grants to the Company the Endorsement throughout the
world during the Term in connection with the advertisement, promotion
and sale by the Company of Ashworth Products except in connection with
Premium Programs.
2. ASHWORTH APPAREL AND PRODUCTS. Subject to any restrictions, contractual
or otherwise, on Nantz Communications or Nantz (collectively, the
"Restrictions"), Nantz shall wear Ashworth Products, when possible and
as reasonably appropriate, while broadcasting all professional sports
tournaments and other professional sports outings, and during any
professional sports clinics or instructions given by Nantz
Communications or Nantz; provided that the Company has provided Nantz,
at no charge, with sufficient amounts of Ashworth Products in styles
and sizes Nantz finds suitable and appropriate for his use, subject to
the restriction under Paragraph 4 of Section COMPENSATION AND
CONSULTING FEES.
3. LOGOS. Except as otherwise provided herein, and subject to the
Restrictions, Nantz Communications agrees that such Products may
prominently bear the Company's logo and shall not bear any other logos.
4. PHOTOGRAPHY, SPEAKING AND STORE APPEARANCES. Nantz agrees to be
available for up to four photography sessions (2 in Southern California
during the week and 2 to be at Nantz's site locations or tournaments),
two speaking engagements, and three store appearances each Contract
Year, at times and places mutually convenient for Nantz and the Company
but in no event at times which adversely impact on the schedules of
Nantz Communications or Nantz. Nantz Communications shall have the
right to review and reject in good faith the use of any advertising,
promotion or other programs and materials which include Nantz or his
image. No use shall be made of any such programs or materials hereunder
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