Common use of Sub-Distribution Clause in Contracts

Sub-Distribution. The parties hereby agree that within ninety (90) days from the date of the first shipment to each sub-distributor by BBI, a standard sub-distribution agreement (the “Sub-Distribution Agreement” or “Sub-Distribution Agreements”) shall be finalized for execution by the sub-distributors during the term of this Agreement. BBI shall be responsible for entering into the Sub-Distribution Agreements with various sub-distributors (“Sub-Distributors”) in the Territory, which shall act as local distributors and/or agents to distribute the Product within certain areas of the Territory as more specifically defined in the Sub-Distribution Agreements. BBI shall cooperate with JOE’S regarding approval or disapproval of any Sub-Distributor, and shall seek final written approval for Sub-Distributors from JOE’S prior to execution of the Sub-Distribution Agreements. BBI shall be responsible for all aspects of the Sub-Distribution Agreements, including enforcing the rights and obligations of each Sub-Distributor under said Sub-Distribution Agreements. The Sub-Distribution Agreements shall, at a minimum include the following: 1. Minimum sample charges to be paid by each Sub-Distributor for samples; 2. Minimum advertising requirements, including minimum monetary obligations and approval by BBI and JOE’S of manner and use of advertising expenditures; 3. An assignment provision whereby, in the event that this Agreement is terminated for any reason whatsoever, each Sub-Distribution Agreement shall be assigned to JOE’S, and each Sub-Distributor shall be bound to JOE’S as the assignee for its obligations under the Sub-Distribution Agreements, and each Sub-Distribution Agreement shall remain in full force and effect. Each Sub-Distribution Agreement shall be considered an Addendum to this Agreement, and shall be incorporated upon each Sub-Distribution Agreement’s respective execution.

Sub-Distribution. The parties hereby agree that within ninety (90) days from a reasonable time period after the date execution of the first shipment to each sub-distributor by BBIthis Agreement, but in no event later than April 1, 2004, a standard sub-distribution agreement (the “"Sub-Distribution Agreement” " or “"Sub-Distribution Agreements”") shall be finalized for execution by the certain sub-distributors during the term of this Agreement. BBI shall be responsible for entering into the Sub-Distribution Agreements with various sub-distributors (“"Sub-Distributors”") in the Territory, which shall act as local distributors and/or agents to distribute the Product within certain areas of the Territory as more specifically defined in the Sub-Distribution Agreements. BBI shall cooperate with JOE’S 'S regarding approval or disapproval of any Sub-Distributor, and shall seek final written approval for Sub-Distributors from JOE’S 'S prior to execution of the Sub-Distribution Agreements. BBI shall be responsible for all aspects of the Sub-Distribution Agreements, including enforcing the rights and obligations of each Sub-Distributor under said Sub-Distribution Agreements. The Sub-Distribution Agreements shall, at a minimum include the following: 1. Minimum sample charges to be paid by each Sub-Distributor for samples; 2. Minimum advertising requirements, including minimum monetary obligations and approval by BBI and JOE’S 'S of manner and use of advertising expenditures; 3. An assignment provision whereby, in the event that this Agreement is terminated for any reason whatsoever, each Sub-Distribution Agreement shall be assigned to JOE’S'S, and each Sub-Distributor shall be bound to JOE’S 'S as the assignee for its obligations under the Sub-Distribution Agreements, and each Sub-Distribution Agreement shall remain in full force and effect. Each Sub-Distribution Agreement shall be considered an Addendum to this Agreement, and shall be incorporated upon each Sub-Distribution Agreement’s 's respective execution.