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Title: |
Exclusive Distribution Agreement |
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Entities: |
HealtheTech, Inc.; Natures Sunshine Products, Inc.; Healthetech Inc. |
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Date: |
2003 |
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Size: |
Preview shows 6KB of 43KB total |
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Price: |
$39 |
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ID: |
#148016 |
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EXCLUSIVE DISTRIBUTION AGREEMENT
This Exclusive Distribution Agreement is dated December 5, 2001 and is entered into by and between the following Parties:
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NSP: |
Natures Sunshine Products, Inc. | |
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75 East 1700 South | ||
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Provo, UT 84606 | ||
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Fax: (801) 342-4555 | ||
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HET: |
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HealtheTech, Inc. | ||
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523 Park Point Drive, Third Floor | ||
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Golden, CO 80401 | ||
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Fax: 303-526-5186 | ||
who agree as follows:
SECTION 1INTRODUCTION AND DEFINITIONS
1.1 HET and its BodyGem System. HET is a Delaware corporation engaged in the business of creating and/or acquiring new, innovative and safe technologies, products, and services to promote and further the health and well-being of its customers. HET has created and/or acquired proprietary technology relating to the reading or measuring of a persons metabolism. HET has utilized this technology to create a system, including services, devices, disposables and know-how, under the name, service mark and trademark BodyGem. The BodyGem system includes devices, disposables and know-how to facilitate metabolism measurements in a safe, convenient and cost effective manner. As used in this Agreement, the BodyGem System will mean the devices, disposables, technology and know-how of HET relating to the measurement or reading of metabolism, in their then-most-current commercialized form for non-medical device applications. The BodyGem System includes, without limitation, the subject matter described in Exhibit A. As HET creates or acquires improvements to the commercialized BodyGem System or commercializes new developments and inventions relating to the measurement or reading of metabolism that are incorporated into a new commercialized version of the BodyGem System, HET shall offer to NSP these new technologies under the terms of this Agreement as part of the BodyGem System. Prices will be reasonably increased or decreased relative to current pricing herein to reflect any increase or decrease in the cost of manufacturing of the applicable BodyGem Devices and BodyGem Disposables having these new technologies. Each such price increase or decrease will be documented by the Parties. For the purposes of this Agreement, the following definitions also apply:
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