EXHIBIT 10.3
MARKETING ASSISTANCE
AGREEMENT
Papa John’s International,
Inc. (“PJI”), as Franchisor, and the undersigned,
individually and on behalf of the Franchisee, hereby agree to the
following:
1.
PJI will contribute funds to the
Franchisee on the terms and conditions set forth in the attached
Marketing Assistance Requirements, which is incorporated herein by
reference.
2.
This program is a special
accommodation implemented at the discretion of PJI in response to a
request from Franchisee. The Franchise Agreements pursuant to
which Franchisee operates Papa John’s restaurants
(“Franchise Agreements”) shall continue according to
their terms and conditions, and this program shall not constitute
an amendment to any such agreement.
3.
In exchange for these commitments,
which Franchisee expressly acknowledges constitute valuable
consideration and are not required under the terms of any agreement
with PJI, Franchisee releases PJI and its subsidiaries, officers
and directors (“Releasees”) from any and all claims it
may have against any such Releasee, provided this shall not release
PJI from its obligations under current franchise
agreements.
4.
Any dispute regarding the Marketing
Assistance program or this document shall be resolved in the same
manner as other disputes as set forth in the Franchise
Agreements.
IN WITNESS WHEREOF, the parties have
executed this Agreement as of the dates set forth below:
|
PAPA JOHN’S INTERNATIONAL,
INC.
|
PJ UNITED, INC.
|
|
|
|
|
By:
|
/s/ Charles W. Schnatter
|
|
By:
|
/s/ Doug Stephens
|
|
|
|
Doug Stephens, President
|
|
|
|
|
|
Title:
|
Senior Vice President and
Chief
|
|
|
|
|
|
Development Officer
|
|
|
|
|
|
|
|
|
Date:
|
March 1, 2004
|
|
Date:
|
February 27, 2004
|
Attachment: 2004 PJ United,
Inc. Marketing Assistance Requirements — Revised
2/17/04
2004 PJ UNITED, INC. MARKETING
ASSISTANCE
REQUIREMENTS
All 16 restaurants owned by the Franchisee in
the Portland, Oregon DMA, including Vancouver, WA and Corvallis
(“DMA”) must participate and follow all requirements
detailed below:
MARKETING
•
Franchisee’s total marketing
investment must be a minimum of 8% of Net Sales effective
January 1, 2004 through December 31, 2004. This
includes any required co-op contribution, national marketing fund
contribution, and local restaurant marketing (LRM).
•
Co-op contributions and corporate
assistance dollars will be used primarily to purchase electronic
broadcast advertising (TV and radio).
•
PJI must approve the use of any
advertising or marketing firm
