FIRST AMENDMENT TO JOINT MARKETING AGREEMENTMarketing Agreement |
|
|
|
You are currently viewing: This Marketing Agreement involves
Helix BioMedix, Inc. | Body Blue Inc.. RealDealDocs™ contains millions of easily searchable legal documents and clauses from top law firms. Search for free - click here. |
|
|
|
Search Marketing Agreement by:
<PAGE>
EXHIBIT 10.21(a)
FIRST AMENDMENT TO
JOINT MARKETING AGREEMENT
THIS FIRST AMENDMENT TO JOINT
MARKETING AGREEMENT (this "AMENDMENT") is
made as of February 13, 2006 by and between Helix BioMedix, Inc., a Delaware
corporation ("HXBM"), and Body Blue Inc., a Canadian corporation
("BODY BLUE"),
and amends that certain Joint Marketing Agreement between the parties dated
effective November 2, 2004 (the "AGREEMENT"). Capitalized terms not
otherwise
defined herein shall have the meanings ascribed to them in the Agreement.
WHEREAS, the parties entered into
the Agreement to provide for the
marketing of HXBM products to certain prospective customers; and
WHEREAS, the parties wish to memorialize
their agreement to share
revenues from certain other transactions which were not specifically
contemplated either by the Agreement or by that certain Referral Fee Agreement
between the parties dated September 12, 2005 (the "REFERRAL FEE
AGREEMENT");
NOW, THEREFORE, in consideration
of the premises and the mutual
covenants contained herein and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties, intending
to be legally bound, do agree as follows:
1. Revenue Share. The parties hereby
agree to the following revenue share
allocations for the following corresponding transactions; provided, however,
that notwithstanding anything contained in the Agreement or this Amendment to
the contrary, both parties shall retain complete discretion as to whether or
not
to engage in any transaction with any third party:
<TABLE>
<CAPTION>
Description of Transaction Amount
-------------------------- ------
<S> <C>
<C>
1. Non-manufacturing agreement sourced
by Body Blue to receive ***% of
HXBM
Body Blue by which the licensing Net Revenue under any such
agreement
customer either sells products
through
retail channels or directly to
consumers (e.g., ***)
2.






