Definitive Output Agreement
Category: 270 Legal Recent Posts, Health and Beauty, Output, Sales
DEFINITIVE OUTPUT AGREEMENT
This DEFINITIVE OUTPUT AGREEMENT (the “Agreement”) is dated as of January 30, 2007 (the “Effective Date”) by and between ALGAL TECHNOLOGIES, INC., an Arizona corporation, located at P.O. Box 1509, Overgaard, Arizona 85933 (“Algal”), and RAW MATERIAL, INC., a Nevada corporation a division of XenaCare Holdings, Inc., located at 3725 W. Hillsboro Blvd., Deerfield Beach, Florida 33442 (“RMI”).
RECITALS
A.
Algal is in the business of researching, extracting, developing, producing and distributing proprietary products derived and manufactured from various species of marine and fresh water organisms.
B.
RMI is in the business of packaging, selling and distributing vitamins, nutritional supplements, skin care products, and animal care products in various countries throughout the world.
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6. Marketing Initiatives.
a. Overall Program. RMI will create, develop and manage the market impact for the Products in conjunction with, working with, and on behalf of Algal. This process shall include the creation, orchestration and management of collaborative and mutually beneficial proprietary-type sourcing relationships that include the branding, licensing, marketing and distributing of such products to provide highly effective and desirable benefits to consumers through powerful, efficient and effective consumer focused marketing programs. Using multifaceted, multi-channel, coordinated and synchronized promotion and branding strategies, RMI shall create demand-pull-through market programs, extending from source to consumer, facilitating simultaneous and sequential multiple channels, categories and paths of supply to deliver product benefits to the largest population of consumers while minimizing the market shrinkage consequences from negative competitive conflicts. RMI’s marketing strategy will follow the general terms described in Exhibit B and the general global market development strategy similar to such strategy described in Exhibit C, in both cases at RMI’s sole and exclusive expense. RMI shall act in accordance with the marketing strategy and market development strategy, as agreed between the parties and as modified from time to time, to conduct the included marketing and market development activities, all at RMI’s cost.
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