Exhibit 10.38
ADVERTISING SERVICE AGREEMENT
This agreement is made and entered into this 1st day of March, 2006, between
Media Mix advertising, Inc., doing business as Promotions Plus("Promotions
Plus") located at 0000 Xxxxxx Xxxx Xx. Xxxxxxxxxx, Xxxxxxx 00000, an Indiana
Corporation and Ingen Technologies, Inc. ("Ingen-Tech"), located at 000 X.
Xxxxxx Xxxx Xxxx, Xxxxxxxx, Xxxxxxxxxx 00000, a Georgia Corporation.
1. Nature of Advertising Services: Ingen-Tech is a manufacturer of certain
equipment and related items known as the "Secure Balance(TM)" line of equipment
for the balance therapy market. Promotions Plus shall create and develop certain
marketing materials for said equipment.
2. Marketing Materials: The marketing materials that Promotions Plus shall
create and develop as follows:
Item-1: One (1) - Infomercial
Item-2: Seven (7) - Thirty second (30 sec) television ads
Item-3: Five (5) - Newspaper ads (One - 1/2 page, One - 1/4 page, One -
1/8 page, Two - 8 1/2 x 11 inserts and all full color process).
3. Delivery Time: Promotions Plus shall deliver the marketing materials within
eight weeks of the execution of this agreement.
4. Price and Payment: Ingen-Tech shall pay Promotions Plus the sum of $12,500.00
for the creation and development of the marketing materials. Ingen-Tech shall
pay $6,250.00 at the time of this agreement and the balance upon delivery of the
marketing materials.
5. Exclusivity: Promotions Plus agrees not to provide marketing materials that
concern equipment and related items in the balance therapy market to any other
person or entity. Ingen-Tech agrees that Promotions Plus shall have the
exclusive right to sell the marketing materials to chiropractors, clinics, other
health providers and to any other person or entity. Ingen-Tech agrees not to
hire any other marketing for clinic-driven, marketing materials.
6. Approval of Marketing Materials: Ingen-Tech shall approve all final scripts
and newspaper layouts.
7. Liability: Ingen-Tech shall be solely responsible for the legality of all
advertising content. Ingen-Tech agrees to indemnify and hold Promotions Plus
harmless for any and all suits, claims, liabilities of any kind and damages that
arise from the marketing materials.
8. Complete Agreement: This agreement supersedes all prior agreements and
understandings between the parties and may not be modified, changed or altered
except by further written agreement signed by all parties to this agreement.
9. Jurisdiction and Venue: Ingen-Tech and Promotions Plus agree to submit to the
jurisdiction and venue of the Vanderburgh County Superior Court in Evansville,
Indiana for all disputes arising out of this agreement.
10. Governing Law: The parties agree that the laws of the state of Indiana shall
govern this agreement.
11. Attorney fees on costs: Should litigation arise out of this agreement, the
prevailing party shall be entitled to attorney fees and costs from the other
party.
- s - March 1, 2006
------------------------------------ ------------------
Xxxxxx Xxxxx, Principal Date
Media Mix Advertising, Inc.
("Promotions Plus")
0000 Xxxxxx Xxxx Xx.
Xxxxxxxxxx, Xxxxxxx 00000.
000-000-0000
000-000-0000 Fax
000-000-0000 Cell
xxx.xxxxxxxx0.xxx
Tax ID#00-0000000
- s - March 1, 2006
------------------------------------ ------------------
Xxxxx X. Sand, Chairman & CEO Date
Ingen Technologies, Inc.
("Ingen-Tech") 000 X. Xxxxxx Xxxx Xx.
Xxxxxxxx, XX 00000
000-000-0000
000-000-0000
000-000-0000 Fax
000-000-0000 Cell
xxx.xxxxx-xxxx.xxx
