1
EXHIBIT 10.10
EXCLUSIVE MARKETING AGREEMENT
This agreement between Xxxx and Xxxxx Xxxxxx (BNC) and Level Best Golf
(LBG) grants exclusive worldwide marketing rights to LBG for the Club Parka,
and the Parka Pouch under the following conditions.
- BNC will be allowed to continue marketing the Club Parka, and the
Parka Pouch to green grass pro shops and off course golf shops.
However, LBG will be allowed to pursue these markets on a
non-exclusive basis provided their efforts are co-ordinated with BNC.
If LBG can establish a substantial rep. network to service this
market, BNC would give consideration to granting LBG exclusive rights
to these markets.
- BNC would retain all rights to direct response television commercials
and specifically Q.V.C. and H.S.N.
- LBG is responsible for all manufacturing, packaging and marketing
costs associated with their efforts.
- LBG agrees that all samples will be submitted to BNC to assure that
product quality is maintained. Written approval will be provided by
BNC and shall not be unreasonably withheld.
- LBG agrees to sell product to BNC at landed cost plus 20%.
Verification of cost will be provided by LBG.
- LBG agrees to pay BNC 10% of gross collected sales on a quarterly
basis. Gross collected sales being defined as the amount received
from customer invoices, with no deductions for sales, marketing,
administrative, and any other expenses. Payments are to be made
within 30 days of the close of each calendar quarter. BNC will be
provided with a complete statement of sales on a quarterly basis, and
will have the rights at their own expense to audit sales records and
receipts on an annual basis.
- BNC is responsible for any and all payments to any partners or agents
of BNC who may be involved with the Club Parka.
- BNC is responsible for any cost associated with maintaining any trade
marks, copyrights or patents.
2
- The term of this agreement is five years provided the conditions set
forth in this agreement are met and the following minimum quantities
of product sales are maintained:
1997 - 50,000
1998 - 100,000
1999 - 100,000
2000 - 100,000
2001 - 100,000
/s/ Xxxx Xxxxxx 9-3-96 /s/ Xxxx Xxxxxxx 9-5-96
-------------------------------- ----------------------------------------
Xxxx Xxxxxx Date Xxxx Xxxxxxx Level Best Golf Date
/s/ Xxxxx Xxxxxx 9-3-96
--------------------------------
Xxxxx Xxxxxx Date
2
