Exhibit 10.67
FIRST AMENDMENT TO
MASTER DISTRIBUTION
AGREEMENT
This First Amendment to the Master
Distribution Agreement (“First Amendment”) is made
effective as of February 14, 2005 (the “Effective
Date”), by and between JOE’S JEANS, INC., a Delaware
corporation, with its principle place of business at 5900 S.
Eastern Avenue, Commerce, California 90040, USA, (hereinafter
referred to as “JOE’S”) and BEYOND BLUE, INC., a
California corporation, with its principle place of business at 815
Moraga Drive, Second Floor, Los Angeles, California 90049, USA
(hereinafter referred to as “BBI”) and collectively
know as (the “Parties”).
W I T N E S S
E T H:
WHEREAS , the Parties entered into that certain Master
Distribution Agreement dated effective as of January 1, 2004
pursuant to which the Parties entered into an exclusive
distribution arrangement for the Joe’s and Joe’s Jeans
Products in the Territory (the “Master Agreement”);
and
WHEREAS , in connection with the execution of a separate
Master Distribution Agreement between the Parties for the
distribution of certain products bearing the indie™ trademark
owned by JOE’S, the Parties wish to amend the Master
Agreement to provide for a lower wholesale price to be paid by BBI
to JOE’S as set forth in Section 6.1 of the Master
Agreement;
NOW, THEREFORE , in consideration of the foregoing, the Parties
to this Agreement hereby agree as follows:
1.
The Parties hereby delete the
reference to “twenty-seven and five tenths percent
(27.5%)” set forth in line 2 of Section 6.1 of the
Master Agreement in its entirety and replace it with
“twenty-two and one-half percent (22.5%)” which shall
be in force as of the Effective Date hereinabove, subject to the
following conditions:
a.
The Parties hereby acknowledge that
the terms of Section 1.2(b) shal
