AGREEMENT
Between
Xxxxxxxx Xxxxxxx
Sport- und Kulturveranstaltungen GesmbH
Xxxxxxxxxxxxx 0
X-0000 Xxxxxx
Xxxxxxx
(henceforth referred to as MP/WS)
and
PROVE VB Kft.
Xxxxxx x. 00
0000 Xxxxxxxx
Xxxxxxx
(henceforth referred to as the promoter)
1)
MP/WS, Xxxxxxxxxxxxx 0, 0000 Xxxxxx, as the license holder for Elite Model Look
HUNGARY 1999 (EML), permits the sublicence to, PROVE VB Kft., Filler x. 00, 0000
Xxxxxxxx, Xxxxxxx.
The costs for the sublicense for the Elite Model Look 0000 Xxxxxxx will be US$
18.000,- (eighteen-thousend). The money has to go to: Vorarlberger Xxxxxx und
Hypothekenbank, account no: 20 222 499 111, branch no: 58020 - Xxxxxxxxxxxxx 00,
0000 Xxxxxx. The first installment of USD 10.000,- (ten-thousend) has to be paid
till January 15th, 1999, the second installment of USD 6.000,- (six-thousend)
till March 15th, 1999 and the third and final installment in the amount of USD
2.000,- (two-thousend) has to be paid on April 3rd, 1999.
PROVE VB Kft receives the option for buying the EML Hungary sublicense for the
year 2000. In case that individual points of this signed sublicense contract for
the Elite Model Look 1999 is poorly fulfilled or not fulfilled, Maximal
Productions/Xxxxxxxx Xxxxxxx has the right to cancel the option. In this case
the option is not valid anymore. This option has to be accept by mutual
agreement. The price for the sublicense for EML 2000 increase of 20% (basis is
1999).
2)
It is agreed that PROVE VB Kft is the general representative for EML'99 in
Hungary and as such responsible for associated PR. Under this agreement, the
promoter is obliged to seek MP/WS approval for the launch in the print media, as
well as for reports for the electronic media. For these and all other related
activities, the promoter is obliged to mention both Elite and the general
representative for eastern and central Europe, Xxxxxxxx Xxxxxxx. A list of all
EML mediapartners (name and kind of media) has to be sent to MP/WS.
As Elite / Look International are currently under negotiations for a global
partnership with Procter&Gamble for ,,Pantene's" hair care products (shampoo,
conditioner and hairspray) and Xxxxxxxx for female depilation it's obligatory to
the promoter to promote these international partners of the Elite Model Look
according to the International Agreements (will be sent to you as soon as they
are available).
The creative concept for the show and the launching has to be created according
to the guidelines of MP/WS and will be supervised by one representive of Look
International/Maximal Productions.
Beauty Camp, Scouting and Search has to be discussed and supervised by a
representive of Look International.
3)
The promoter is obliged to follow strictly the guidelines laid down (see:
Guidelines for Holding a National Contest) for the choice of location for the
gala evening, the selection of the members of the jury, and for the layout of
the contestants' coupon (see sample).
The EML logo may be used for promotional purposes for the duration of the
permit. All artwork, graphics and wording must be approved by MP/WS.
The promoter is obliged to invite MP/WS or one representative of Look
International/Maximal Production to the creativ process of planing the event
(see point 2) - the expenses (flight and accommodation) will be covered by the
promoter.
The promoter is also obliged to send MP/WS a monthly report (from the beginning
till the final) about the proceedings and also a final report after the EML.
4)
The form to be taken for the Final:
Agreed is that the final evening is to be held in Budapest.
It is further agreed that the final is to be held between the 1st of June and
the 31st of July 1999 and correspond to the guidelines of the Elite Model Look.
The selection of the jury as well as the creative participants (photographers,
video crews etc.) is to be discussed with MP/WS. MP/WS is to be kept informed of
and given sufficient notice of: location, stage settings, choreography and
organization teams. MP/WS shall be informed in writing and shall give it's
opinion, approval or objections within 10 days - otherwise it shall be deemed to
approval of such notification was granted (see point 2).
5)
The promoter has the right to make use of the EML logo and xxxx. All artwork,
graphics and wording to be approved by MP/WS.
The promoter has the right to canvass for sponsors. Such sponsors may use the
EML logo in connection with advertising and promotion for the duration of this
contract - but only until 31st September 1999 for their own advertising
purposes. All artwork, graphics and wording to be approved by MP/WS.
A contractual agreement is to be undertaken between each sponsor and the
promoter. MP/WS is to be notified of such contractual agreements with fifteen
days of signing. A list of all participating sponsors has to be send to MP/WS.
Notwithstanding the above, MP/WS may introduce a sponsor to the promoter for the
National Events, which sponsor the promoter must accept unless there is a direct
conflict between said sponsor and any of the promoters existing sponsors. MP/WS
reserves the right to determine, within ist sole discretion, whether a direct
conflict exists. Monies received by MP/WS from any such sponsor with respect to
Hungary will be used by MP/WS to sponsor the National Events in Hungary as
mutually agreed upon by MP/WS and the promoter.
If MP/WS has eastern and central europe wide sponsors for the Event or primary
sponsors in the territories where the country is located then, the promoter will
credit such sponsors in their advertising, publicity campaign (publications,
televisions, radio etc.) in a manner deemed appropriate by MP/WS, unless there
is a direct conflict between the sponsors and any sponsors of the promoter, in
which case the promoter's sponsor will prevail. MP/WS reserves the right to
determine, within ist sole discretion, whether a direct conflict exists. MP/WS
will periodically inform the promoter of europenwide sponsors and/or sponsors in
the promoters country.
It's agreed that if any of the above mentioned sponsorship deals (see paragraph
2 and 5) will be closed that the promoter receives:
a) 30% from the global endorsementdeals and/or
b) 80% from the local sponsorship deals
which have been initiated and/or negotiated by MP/WS or Look Internnational.
6)
If it's the promoters wish, MP/WS and ELITE will make one of the international
top models available to attend the final competition show if the adequate fee
can be provided.
7)
In connection with the guidelines for holding the national contest, the
following points are to be observed in the selection of the contestants:
a) The promoter bears the responsibility for bringing the winner(s) to the
international final (i.e. transport and the girl's preparation are to be
guaranteed).
b) At the national final, attention is to paid to security personnel and
supervision.
c) Hotel accommodation as well as airline tickets is to be guaranteed for the
representatives from Elite participating in the jury at the national
semifinal and final. Hotel rooms for the representatives from Elite are to
be of luxury class standard, airline tickets 1st or business class.
d) In order to ensure that finalists are able to participate in the
international final, they must sign the international EML winner's contract
prior to participation in the national final. The promoter will
intermediate the winner's contract signature by all finalists prior to
participation in the EML national final and shall ensure that no finalist
will be admitted to the national final without signature of such contract.
e) ELITE guarantees minimum prizes of US$ 925,000.- for the first fifteen
winners at the international final.
8)
The promoter herewith guarantees that - at his own cost - all regional and
by-laws are to be confirmed with, and that the standard of the event confirms to
the international guidelines.
Any disagreements arising from this contract are to be settled in accordance
with Austrian law.
The promoter shall independently fulfill it's responsibilities towards its
regional partners as agreed in the contract. Thereby the promoter declares EML
and MP/WS free of redress and liability ensuing from such responsibilities.
9)
In the case of individual points in this agreement are not or only partly being
fulfilled, in the event of liquidation or bancruptcy proceedings being opened
against the promoter's firm, MP/WS has the right to terminate the agreement and
to engage other persons for the running of EML Hungary.
The promoter equally has the right to terminate the contract should individual
points in this agreement not or only partly be fulfilled by MP/WS.
10)
The promoter and MP/WS are bound to keep the contents of this agreement strictly
confidential. In the event of a breach, an immediate termination and sanctions
may result.
11)
The duration of this Agreement is for limited period of time, from the day the
Agreement shall become effective to the September 30, 1999.
12)
This agreement has two copies, one for each of the signatories. This agreement
becomes effect from the moment of signing.
Vienna, 20th November 1998
------------------------------------- -----------------------------------
Maximal Productions/ Xxxxx Xxxxxxx
Xxxxxxxx Xxxxxxx PROVE VB Kft