SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS
Exhibit 10.4
SETTLEMENT
AGREEMENT AND RELEASE OF ALL CLAIMS
This
settlement agreement and mutual release of all claims (Settlement Agreement) is
made and entered into as of this 19th day of January, 2010 by and between Who’s
Your Daddy, Inc., a California corporation (“WYD CA”), Who’s Your Daddy, Inc., a
Nevada corporation (“WYD NE”) (collectively referred to herein as “the
Companies”) and Fish & Xxxxxxxxxx P.C. (“Fish”), a Massachusetts
professional corporation.
RECITALS
WHEREAS,
Fish obtained a now-final judgment against the Companies as a result of an
action in San Diego Superior Court, Case Number
37-2008-00083932-CU-CL-CTL for unpaid legal fees and costs (“State
Court Judgment”); and,
WHEREAS,
no part of the judgment or subsequently accruing costs or interest has been
paid; and,
WHEREAS,
WYD CA had previously granted Fish a first priority security interest in all of
the trademarks owned by it and all associated goodwill; and,
WHEREAS,
Fish has commenced an action in United States District Court Southern District
of California, Case Number 09 CV 1993 W POR (“Federal Action”) against WYD CA to
foreclose on the security interest in its trademarks;
NOW,
THEREFORE in consideration of the promises and covenants set forth in this
Settlement Agreement and for other good and valuable consideration, the receipt
and sufficiency of which is hereby acknowledged, the parties hereto expressly
agree as follows:
1.
Settlement. WYD CA agrees to
transfer all right, title and interest in and to the trademarks which are the
subject of Fish’s security interest (the “Marks”) to Fish absolutely and
unconditionally and free of all liens and encumbrances. Pursuant to
the foregoing, WYD CA shall execute and deliver to Fish as of the effective date
a Trademark Assignment in the form attached as Exhibit A. Upon the
completion of the said transfer of the trademarks to Fish, the State Court
Judgment will be fully satisfied and Fish will acknowledge a full satisfaction
of judgment. Further, upon the completion of the said transfer of the
Marks to Fish, Fish will dismiss the Federal Action with
prejudice.
1.1 Discontinuation
of Use. Within twenty (20) days of the effective date of this
Settlement Agreement, the Companies agree to permanently discontinue any and all
use whatsoever of the Marks, except as otherwise expressly set forth in this
Section 1. The Companies further agree that they will not adopt, use,
apply to register or register anywhere in the world for any and all goods and
services the Marks, or any other xxxx that may cause likelihood of confusion
with or dilution of the Marks. For purposes of this Settlement
Agreement, use includes but is not limited to use as a trade name, as a company
name, in a logo or slogan, as an e-mail address, in a domain name or URL, on web
sites, in correspondence, on letterhead, business cards, and promotional and
marketing materials, and on signage. The Companies further agree not
to assign any actual or claimed rights in the Marks to any third
party.
1.2 Africa. The
Companies shall retain all rights to use, register and license the Marks in the
continent of Africa. Fish, and its assigns and/or successors shall
not challenge, contest, oppose, seek to cancel, or otherwise object to the
Companies’ use and/or registration of the Marks in Africa or their rights
therein, except on the grounds of non-use, abandonment or fraud based on actions
occurring after the effective date of this Settlement
Agreement.
1.3 Beryt. Pursuant
to the Agreement Regarding Use of Who’s Your Daddy Energy Shots between the
Companies and Beryt Promotion, LLC (“Beryt”), attached hereto as Exhibit B,
Beryt has the limited right to use the WHO’S YOUR DADDY trademark, solely in
connection with the sale or give-away of WHO’S YOUR DADDY-branded energy shots
and the promotion thereof within the city of Las Vegas, Nevada until April 13,
2010. After such date, Beryt has agreed to permanently discontinue
all commercial use of the WHO’S YOUR DADDY trademark and will retain no rights
in the same.
1.4 Product
Formulas and Flavors. The Companies shall retain all rights to
use and license their existing product formulas, recipes and flavors, so long as
such products are not marketed in connection with the Marks. The
Companies may retain the basic color schemes of their existing product packaging
and cans, but may not adopt any of the distinctive logos and designs that are
being assigned herein and under Exhibit A. Fish, and its assigns
and/or successors shall not use the Companies’ existing product formulas nor
adopt the precise color schemes that the Companies use with their WHO’S YOUR
DADDY-branded energy drinks as of the effective date of this Settlement
Agreement.
1.5 Domain
Names. Pursuant to the Assignment Agreement attached hereto as
Exhibit A, the Companies agree to immediately transfer ownership of the
<xxxxxxxxxxxxxxxx.xxx> domain to Fish. The Companies may retain
ownership of the <xxxxxxxxx.xxx> and <xxxxxxx.xxx> domains until
their expiration date, which are September 16, 2010 and December 22, 2010,
respectively. As of the effective date of the Settlement Agreement,
the Companies will permanently remove all content from the <xxxxxxxxx.xxx>
and <xxxxxxx.xxx> websites, except to inform consumers of their
name-change and to redirect consumers to an entirely new site which does not use
the Marks. The Companies agree to permanently cease all use of the
<xxxxxxxxx.xxx> and <xxxxxxx.xxx> domains and any email addresses
containing such domains upon their expiration dates of September 16, 2010 and
December 22, 2010, respectively, and to allow such domain registrations to lapse
when they are set to expire on those dates.
1.6 Corporate
Names. The Companies agree to file certificates of
dissolution, cancellation or amendments to their articles of organization with
the Secretaries of State of California and Nevada to effect their corporate name
change and forward copies of those documents to Fish on or before June 30,
2010. Pursuant to Section 1.1, except for the limited purpose of
complying with corporate formalities until June 30, 2010, the Companies may not
use the Marks in any manner, and the new or amended corporate entity names for
the Companies shall not incorporate the Marks or any derivatives
thereof.
2.
Representations
and Warranties. WYD CA hereby represents and warrants that it
is the owner of all right, title and interest in and to the Marks and that the
Marks are free and clear of all liens, mortgages, pledges, security interests,
prior assignments and encumbrances of any kind whatsoever. WYD CA
further represents and warrants that neither the Marks nor the use of such Marks
infringe or otherwise conflict or interfere with any rights whatsoever of any
other person or party in the United States. WYD CA further represents
and warrants that neither the execution and delivery of this Agreement nor
consummation of the actions contemplated herein will violate any security
agreement, indenture, order, other instrument or agreement to which WYD CA is a
party and by which WYD CA and/or the Marks are bound.
3.
Indemnification. By
entering into this Agreement, Fish assumes no liabilities of the
Companies. The Companies shall indemnify and hold harmless Fish, its
officers, directors, agents, employees and permitted assigns, from and against
any and all claims, suits, damages, liabilities, costs and expenses, including,
but not limited to court costs and reasonable attorneys’ fees, arising out of or
based on: (i) any past act, omission or negligence by the Companies with respect
to the performance of their obligations to third parties arising in connection
with the Marks; or (ii) the infringement of any trademark application or
trademark of a third party arising out of the Marks.
4.
Mutual
Release. Effective upon
the consummation
of the events in paragraph 1 above:
The
parties to this Settlement Agreement do hereby expressly, voluntarily and
immediately release and discharge each other, their agents, attorneys, officers,
directors, subsidiaries, predecessors, successors and assigns, of and from any
and all past and present actions, cause of actions, suits, counterclaims, debts,
charges, complaints, claims, liabilities, contracts, obligations, damages and
expenses, of any nature whatsoever, both in law and in equity or otherwise, at
any and all times prior to the date of this Release.
Subject
to the terms of this Settlement Agreement, all the parties hereto hereby
relinquish all claims, whether known or unknown, that they may have against each
other. The parties expressly waive any and all rights and benefits
conferred upon them by the provisions of Section 1542 of the Civil Code of the
State of California, which provides:
A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THIS RELEASE, WHICH IF
KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
PLAINTIFF.
This
waiver is not a mere recital but is a knowing waiver of the rights and benefits
otherwise available to the parties under this section.
5.
No
Costs Or Fees. Each of the parties to this Settlement Agreement is to
bear, as between themselves, their own costs and attorneys' fees arising from
the transactions contemplated by this Settlement Agreement.
6.
Successors
and Assigns. This Settlement Agreement shall inure to the benefit of and
be binding upon the parties, their affiliates, successors, heirs and
assigns.
7.
Voluntary
and Informed Consent; Authority. Each party to this Settlement
Agreement warrants that no promise or inducement to enter into this Settlement
Agreement has been offered, except as herein set forth and that this Settlement
Agreement is executed by each party without relying upon any statement or
representation by any other party or its representatives, including, but not
limited to, any representations concerning the nature and extent of any injury,
damages or legal liability. Each party to this Settlement Agreement
has made such investigation of the facts and law pertaining to this settlement
and this Settlement Agreement, and of all matters pertaining thereto, as that
party deems necessary. Each party also acknowledges that it has
either been represented by counsel during all stages of this dispute and has
acted with the advice of such counsel in executing this Settlement Agreement or,
by these words, informed of the parties’ right to independent counsel, afforded
a reasonable time to seek such advice, but has knowingly and intelligently
waived such right. Without limitation of the foregoing, the Companies
acknowledge that they have not been represented by Fish in connection with the
matters contemplated hereby and have either obtained independent legal advice or
waive the right to seek it. Each party hereto and each person
executing this Settlement Agreement acknowledges that the terms and conditions
of this Settlement Agreement have been completely read, and that the terms and
conditions are fully understood and voluntarily accepted and in connection
therewith, the parties acknowledge that each of them has had the benefit of
legal counsel in entering into the same and they warrant, represent and agreed
that they, and each of them, understand all of the terms and are voluntarily
executing the same of their own free will, without coercion or duress, or such
party or parties has or have knowingly and intelligently waived such
right. Each party to this Settlement Agreement further represents and
warrants that it has full authority to enter into this Settlement
Agreement.
8.
Joint
Drafting. The parties agree that
they have jointly participated in the drafting and preparation of this
Settlement Agreement, and that the language in this Settlement Agreement shall
be construed as a whole according to its fair meaning and not strictly for or
against either of the parties hereto.
9.
Execution. This Settlement
Agreement may be' executed by each party on separate counterparts, each of which
when so executed and delivered shall be deemed an original and all of which
taken together constitute but one and the same instrument. Counterparts may be
transmitted by the parties to their counsel via telecopier, or by email in .pdf
format if convenient to do so, and such counterparts shall be deemed originals,
for all purposes.
10. Entire
Agreement. This Settlement
Agreement contains the entire agreement of the parties with respect to the
subject matter hereof and supersedes all prior and contemporaneous oral and
written agreements, discussions and statements. No supplement, modification,
waiver or termination of this Settlement Agreement shall be binding unless
executed in writing by the party or parties to be bound thereby. No wai0ver of
any of the provisions of this Settlement Agreement shall be deemed to constitute
a waiver of any other provisions hereof, whether or not similar, nor shall such
waiver constitute a continuing waiver.
11. Severability. If any Paragraph of
this Settlement Agreement or any portion thereof shall be held to be invalid,
illegal or unenforceable, the validity, legality or enforceability of the
remainder of this Settlement Agreement shall not in any way be affected or
impaired.
12. Choice
of Law. This Settlement
Agreement shall be construed and enforced under the laws of the State of
California.
IN
WITNESS WHEREOF, the parties hereto have executed this Settlement Agreement as
of the date first above written.
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Who’s
Your Daddy, Inc. (CA)
|
Fish
& Xxxxxxxxxx P.C.
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|
|
By:
________________________
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By:
________________________
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|
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Xxxxxxx
Xxxx, CEO
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Xxxxx X. Xxxxxxx, Senior Principal and General Counsel
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Who’s
Your Daddy, Inc. (NE)
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||
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By:
________________________
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||
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Xxxxxxx
Xxxx, CEO
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EXHIBIT
A - ASSIGNMENT
WHEREAS,
Who’s Your Daddy, Inc., a corporation organized and existing under the laws of
the State of California, having a place of business at 00000 Xxxxx Xxxxxx
Xxxxxxx, Xxxxxxx Xxxxx, XX 00000 (“Assignor”) has adopted, used, is using and
has applied to register the trademarks and domain names identified in the
attached Schedule A
(herein referred to collectively as the “Property”) in the United States and
worldwide.
WHEREAS,
Fish & Xxxxxxxxxx P.C., a professional corporation organized and existing
under the laws of the State of Massachusetts, having a place of business at 000
Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000 (“Assignee”), desires to acquire
the Property together with the good will of the business.
NOW,
THEREFORE, for good and valuable consideration, the receipt and adequacy of
which is hereby acknowledged, Assignor does hereby sell, assign and transfer
unto Assignee, its successors and assigns all right, title and interest in and
to the Property together with the good will of the business symbolized by the
Property, including any trademark registrations that may have issued or
trademark applications that are pending in Assignor’s name for the
Property. Assignor further sells, assigns and transfers unto Assignee
its entire right, title and interest in and to any and all causes of action and
rights of recovery for past infringement of the Property.
Assignor
covenants that it or its representatives will, upon the request and at the
expense of Assignee, do all other lawful acts necessary to enable Assignee to
obtain, maintain and enforce full benefits from the rights and interests herein
assigned.
1 of
7
This
assignment shall be binding upon the successors and assigns of Assignor and
shall inure to the benefit of the successors and assigns of
Assignee.
IN
WITNESS WHEREOF, said Assignor, has executed and delivered this instrument this
_____________ day of January, 2010.
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WHO’S
YOUR DADDY, INC.
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|||
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Date:
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____________,
2010
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By:
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Name:
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Xxxxxxx
X. Xxxx
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Title:
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Chairman
and CEO
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NOTARY:
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|||
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FISH
& XXXXXXXXXX P.C.
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|||
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Date:
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____________,
2010
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By:
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Name:
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Xxxxx
X. Xxxxxxx
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Title:
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General
Counsel
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NOTARY:
2 of
7
Schedule
A
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TRADEMARKS
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|||
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Xxxx
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Country
|
Application
No.
Filing
Date
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Registration
No.
Registration
Date
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WHO’S
YOUR DADDY STYLE WITH AUTHORITY & Design
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United
States
|
78658016
26
Jun 2005
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(pending)
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|
WHO’S
YOUR DADDY
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United
States
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78976525
21
Oct 2004
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3389058
26
Feb 0000
|
|
Xxxxxx
Xxxxxx
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78696818
19
Aug 2005
|
3212454
27
Feb 0000
|
|
|
Xxxxxx
Xxxxxx
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78504067
21
Oct 2004
|
3011493
01
Nov 0000
|
|
|
Xxxxxx
Xxxxxx
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78504061
21
Oct 2004
|
3078885
11
Apr 2006
|
|
|
United
States
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76574439
09
Feb 2004
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3656207
21
Jul 0000
|
|
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Xxxxxx
Xxxxxx
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76574444
09
Feb 2004
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3548592
23
Dec 0000
|
|
|
Xxxxxx
Xxxxxx
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76574445
09
Feb 2004
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3084079
25
Apr 2006
|
|
|
United
States
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76574443
09
Feb 2004
|
3084078
25
Apr 2006
|
|
|
United
States
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76574442
09
Feb 2004
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3315070
23
Oct 0000
|
|
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Xxxxxx
Xxxxxx
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76574441
09
Feb 2004
|
3084077
25
Apr 2006
|
|
|
United
States
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76574440
09
Feb 2004
|
3084076
25
Apr 0000
|
|
|
XXX
XXXX XX XXXXXX
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Xxxxxx
Xxxxxx
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78657979
24
Jun 2005
|
(pending)
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|
WHO’S
YOUR DADDY STYLE WITH AUTHORITY & Design
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Bahamas
|
28975
23
Dec 2005
|
(pending)
|
|
Bahamas
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28976
23
Dec 2005
|
(pending)
|
|
|
Bahamas
|
28977
23
Dec 2005
|
(pending)
|
|
|
THE
KING OF ENERGY
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Bahamas
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28978
23
Dec 2005
|
(pending)
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|
THE
KING OF ENERGY
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China
|
IR879935
19
Dec 2005
|
IR879935
19
Dec 2005
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3 of
7
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TRADEMARKS
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|||
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Xxxx
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Country
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Application
No.
Filing
Date
|
Registration
No.
Registration
Date
|
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WHO’S
YOUR DADDY STYLE WITH AUTHORITY & Design
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Costa
Rica
|
20060002
02
Jan 2006
|
163768
06
Nov 0000
|
|
Xxxxx
Xxxx
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00000000
02
Jan 2006
|
168233
06
Nov 0000
|
|
|
Xxxxx
Xxxx
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00000000
02
Jan 2006
|
163767
11
Jun 0000
|
|
|
XXX
XXXX XX XXXXXX
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Xxxxx
Xxxx
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20060001
02
Jan 2006
|
163769
06
Nov 2006
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|
WHO’S
YOUR DADDY
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European
Community
|
3303765
06
Aug 2003
|
3303765
08
Dec 2004
|
|
THE
KING OF ENERGY
|
European
Community
|
IR879935
19
Dec 2005
|
IR879935
19
Dec 2005
|
|
WHO’S
YOUR DADDY STYLE WITH AUTHORITY & Design
|
Hong
Kong
|
300552843
21
Dec 2005
|
300552843
12
Sep 2006
|
|
THE
KING OF ENERGY
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Hong
Kong
|
300552852
21
Dec 2005
|
300552852
15
Jun 2006
|
|
WHO’S
YOUR DADDY STYLE WITH AUTHORITY & Design
|
Indonesia
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X000000000000
23
Dec 2005
|
IDM000135110
19
Sep 0000
|
|
Xxxxxxxxx
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X000000000000
23
Dec 2005
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IDM000135109
19
Sep 0000
|
|
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Xxxxxxxxx
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X000000000000
23
Dec 2005
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IDM000135111
19
Sep 2007
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|
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THE
KING OF ENERGY
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Indonesia
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X000000000000
23
Dec 2005
|
(pending)
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THE
KING OF ENERGY
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Iran
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IR879935
19
Dec 2005
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IR879935
19
Dec 2005
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WHO’S
YOUR DADDY STYLE WITH AUTHORITY & Design
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Israel
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186239
22
Dec 2005
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186239
07
Aug 0000
|
|
Xxxxxx
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186240
22
Dec 2005
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186240
06
Aug 0000
|
|
|
Xxxxxx
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186241
22
Dec 2005
|
186241
06
Aug 0000
|
|
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XXX
XXXX XX XXXXXX
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Xxxxxx
|
000000
22
Dec 2005
|
186242
07
Aug 2007
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4 of
7
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TRADEMARKS
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|||
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Xxxx
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Country
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Application
No.
Filing
Date
|
Registration
No.
Registration
Date
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WHO’S
YOUR DADDY STYLE WITH AUTHORITY & Design
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Jamaica
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47860
22
Dec 2005
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47860
22
Dec 2005
|
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WHO’S
YOUR DADDY
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Japan
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200580403
29
Aug 2005
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4991423
29
Sep 2006
|
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WHO’S
YOUR DADDY STYLE WITH AUTHORITY & Design
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Jordan
|
83580
21
Dec 2005
|
83580
21
Dec 2005
|
|
Jordan
|
83579
21
Dec 2005
|
83579
21
Dec 2005
|
|
|
Jordan
|
83330
21
Dec 2005
|
83330
21
Dec 2005
|
|
|
THE
KING OF ENERGY
|
Jordan
|
83581
21
Dec 2005
|
83581
21
Dec 2005
|
|
WHO’S
YOUR DADDY STYLE WITH AUTHORITY & Design
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Malaysia
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05021654
22
Dec 2005
|
(pending)
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|
WHO’S
YOUR DADDY
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Mexico
|
744939
14
Oct 2005
|
923606
03
Mar 2006
|
|
Mexico
|
744941
14
Oct 2005
|
923839
07
Mar 2006
|
|
|
Mexico
|
744940
14
Oct 2005
|
923607
03
Mar 0000
|
|
|
XXX
XXXX XX XXXXXX
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Xxxxxx
|
000000
14
Oct 2005
|
930715
25
Apr 2006
|
|
Mexico
|
797720
02
Aug 2006
|
949543
28
Aug 2006
|
|
|
WHO’S
YOUR DADDY STYLE WITH AUTHORITY & Design
|
Panama
|
14786001
23
Dec 2005
|
147860
23
Dec 2005
|
|
Panama
|
14786101
23
Dec 2005
|
147861
23
Dec 2005
|
|
|
Panama
|
14786201
23
Dec 2005
|
147862
23
Dec 2005
|
|
|
THE
KING OF ENERGY
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Panama
|
14785901
23
Dec 2005
|
147859
23
Dec 2005
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5 of
7
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TRADEMARKS
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|||
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Xxxx
|
Country
|
Application
No.
Filing
Date
|
Registration
No.
Registration
Date
|
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THE
KING OF ENERGY
|
Russian
Federation
|
IR879935
19
Dec 2005
|
IR879935
19
Dec 0000
|
|
XXX
XXXX XX XXXXXX
|
Xxxxxxxxx
|
XX000000
19
Dec 2005
|
IR879935
19
Dec 2005
|
|
WHO’S
YOUR DADDY STYLE WITH AUTHORITY & Design
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Thailand
|
613377
23
Dec 2005
|
Kor264099
23
Dec 0000
|
|
Xxxxxxxx
|
613378
23
Dec 2005
|
Kor265321
23
Dec 0000
|
|
|
Xxxxxxxx
|
613379
23
Dec 2005
|
Kor264320
23
Dec 2005
|
|
|
WHO’S
YOUR DADDY STYLE WITH AUTHORITY & Design
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UAE
|
76225
24
Dec 2005
|
63268
01
Oct 2006
|
|
UAE
|
76226
24
Dec 2005
|
91989
26
Nov 2008
|
|
|
UAE
|
76227
24
Dec 2005
|
63270
01
Oct 0000
|
|
|
XXX
XXXX XX XXXXXX
|
XXX
|
00000
24
Dec 2005
|
63269
01
Oct 2006
|
|
WHO’S
YOUR DADDY STYLE WITH AUTHORITY & Design
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Vietnam
|
4200517576
23
Dec 2005
|
115043
01
Dec 0000
|
|
XXX
XXXX XX XXXXXX
|
Xxxxxxx
|
420517577
23
Dec 2005
|
107562
19
Aug 2008
|
6 of
7
Schedule
A
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DOMAIN
NAMES
|
|
xxx.xxxxxxxxxxxxxxxx.xxx
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7 of
7
EXHIBIT B
AGREEMENT REGARDING USE OF
WHO’S YOUR DADDY ENERGY SHOTS
This Agreement Regarding Use of Who’s
Your Daddy Energy Shots (hereinafter “Agreement”) is entered into between
Who’s Your Daddy, Inc., a California corporation (WYD CA), Who’s Your Daddy,
Inc., a Nevada corporation (WYD NE), (collectively referred to herein as “WYD”),
and Beryt Promotion, LLC, a Nevada limited liability company (hereinafter,
“BERYT”). The “Effective Date” is the last date by which all parties
have executed the Agreement.
WHEREAS, WYD previously sold several
hundred thousand WHO'S YOUR DADDY-branded energy shots to BERYT for use in
casinos;
WHEREAS, WYD is assigning all right,
title and interest in and to its trademarks to a third party in settlement of
such third party’s claims against it;
NOW, THEREFORE, in consideration of
mutual promises and covenants herein set forth, the parties hereto agree as
follows:
1. Within
ninety (90) days of the Effective Date, BERYT agrees to permanently discontinue
all commercial use of the name, trade name, trademark, service xxxx,
designation, and domain name WHO’S YOUR DADDY, including in connection with the
sale or give-away of WHO’S YOUR DADDY-branded energy shots and the promotion
thereof.
2. Within
ninety (90) days of the Effective Date, BERYT agrees to destroy all materials in
its possession, custody, or control bearing the name, trade name, trademark,
service xxxx, designation, and domain name WHO’S YOUR DADDY.
3. Prior
to the end of the ninety (90) day phase out period, BERYT may only sell, give
away and/or promote products bearing the WHO’S YOUR DADDY xxxx within the city
of Las Vegas, Nevada. BERYT may not sell, assign, or otherwise
transfer its WHO’S YOUR DADDY products to any third party
re-seller.
4. This
Agreement is binding on each of the parties, their successors, assigns, and
related companies.
5. This
Agreement may be executed by the parties hereto in multiple counterparts, each
of which shall be deemed an original and all of which together shall be one and
the same document. This Agreement shall enter into force on the Effective Date
and shall extend for an indefinite time, unless terminated in accordance
herewith.
6. This
Agreement encompasses the entire agreement and understanding between the parties
hereto and supersedes any and all prior understandings or agreements, whether
written or oral. Any modification to this Agreement must be in a
singular writing signed by duly authorized representatives of each party hereto
to be binding upon either party.
IN WITNESS WHEREOF, the
parties have executed this Agreement by their duly authorized representatives on
the dates set forth below.
|
Who’s
Your Daddy, Inc. (CA)
|
Beryt
Promotion, LLC
|
||
|
(Authorized
Signature)
|
(Authorized
Signature)
|
||
|
Xxxxxxx
X. Xxxx
|
Xxxxx
Xxxxxx
|
||
|
Printed
Name
|
Printed
Name
|
||
|
CEO
|
CEO
|
||
|
Title/Position
|
Title/Position
|
||
|
1/5/10
|
1/12/10
|
||
|
Date
Signed
|
Date
Signed
|
||
|
Who’s
Your Daddy, Inc. (NE)
|
|||
|
(Authorized
Signature)
|
|||
|
Xxxxxxx
X. Xxxx
|
|||
|
Printed
Name
|
|||
|
CEO
|
|||
|
Title/Position
|
|||
|
1/5/10
|
|||
|
Date
Signed
|
