MODIFICATION AGREEMENT
Rock Hard
Laboratories, LLC (“the Company”), and Health and Wellness Partners, Inc., (the
“Independent Contractor”), agree as follows:
1. Relationship
of Parties. The parties agree that the provisions of that certain contract
between them, dated March 23,
2009, pursuant to which the Company retained the Independent Contractor
as an independent contractor to sell and promote the Company’s products in the
State of California, hereinafter referred to as the ''original contract,'' shall
continue in effect except as modified in Paragraph 2. A copy of the
original contract is attached.
2. Modifications.
(a) The
parties agree to modify Paragraph 4(a) of the original contract so that in
addition to the rights described therein, the Company grants to the Independent
Contractor the exclusive right to sell and promote the Company’s products in the
State of California, in return for which the Independent Contractor agrees to
provide such services and the provision of other services in California as
requested by the Company from time to time;
(b) The
parties agree to modify Paragraph 4(a) of the original contract so that in
addition to the rights described therein, the Company grants to the Independent
Contractor the exclusive right to do direct response in California
only. The parties further agree that any national direct response
campaign must be approved in writing by the Company;
(c) The
parties agree to modify Paragraph 5 of the original contract so that in addition
to the rights and restraints described therein, both parties agree that the
“Non-Disclosure of Confidential Information” excludes disclosures mandated by
federal and state law;
(d) The
parties agree to modify Paragraph 6 of the original contract so that in addition
to the rights and restraints described therein, both parties agree that the “No
Disclosure of Trade Secrets” excludes disclosures mandated by federal and state
law.
3. Construction.
In the event of any conflict or inconsistency between the provisions of this
modification agreement and the original contract, the provisions of this
modification agreement shall control in all respects.
Executed
___________________[date] at ___________________[city], California.
INDEPENDENT
CONTRACTOR
By: /s/ Xxxxxx Xxxx III
Signature
Xxxxxx
Xxxx III
Print
Name
____________________________
Title
ROCK HARD
LABORATORIES, LLC
By: /s/ Xxxxx X. Xxxxxx
Signature
Xxxxx
X. Xxxxxx
Print
Name
President
Title
