Exhibit 10.1
THIS MARKETING AGREEMENT is dated for reference the 1st day of October 1999.
BETWEEN:
IAS COMMUNICATIONS, INC. ("IAS")
000-00000 Xxxxxxxxxxx Xxx
Xxxxxxxx, X.X.
X0X 0X0
OF THE FIRST PART
AND:
XXXXXXXXXXX-XXXXXXX.XXX, INC. ("IHWY")
000-00000 Xxxxxxxxxxx Xxx
Xxxxxxxx, X.X.
X0X 0X0
OF THE SECOND PART
WHEREAS:
A. IAS owns the worldwide rights for commercial applications to manufacture
and market its low profile television and ham radio antenna (the
"Antenna"); and
B. IHWY desires to market the Antenna by way of the worldwide web; and
C. IAS has agreed to grant to IHWY the worldwide marketing rights for the
Antenna.
NOW, THEREFORE, in consideration of the exclusive worldwide rights to market and
manufacture the Antenna by way of the worldwide web, granted by IAS to IHWY,
IHWY agrees to the following terms and conditions:
1. IHWY shall pay to IAS the sum of $10,000.00 for initial production
equipment, which amount has been fully advanced to IAS.
2. IHWY shall pay to IAS $15.00 per antenna for the 5" antenna.
IN CONSIDERATION of the above IAS agrees to the following terms and conditions:
1. IAS agrees to coordinate the manufacturing, packaging and delivery of the
commerical sales of the Antenna as marketed and sold by IHWY.
2. IAS agrees to grant to IHWY the exclusive rights and sublicense rights to
the marketing and sales of the Antenna on the worldwide web for a period of
five years from the date of this Marketing Agreement based on minimum sales
as follows: (a) 50,000 Antennas in the first year after the date of
execution of this Marketing Agreement; and (b) 100,000 Antennas in the
second year; and (c) 150,000 Antennas in the third year; and (d) 250,000
Antennas in the fourth year; and (e) 450,000 Antennas in the fifth year, or
(f) a minimum of 1,000,000 Antennas over the five-year period from the date
of execution of this Marketing Agreement.
3. In the event that IHWY does not meet the minimum sales as set out in
section 9 herein, IHWY can elect to pay $10.00 per Antenna to IAS in lieu
of the minimum Antenna sales requirements or with 30 days notice by IAS
notifying IHWY that section 9 is in default, IHWY will lose its exclusive
rights if not corrected in 30 days from the date of notice and will still
be able to sell the 5" antenna on a nonexclusive basis on the worldwide
web.
4. IAS and IHWY agree that the manufacturing of the Antenna shall be done
through the IAS facilities in Kokomo, Indiana or such other facilities as
agreed to between the parties hereto.
5. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of
the day and year first above written.
IAS COMMUNICATIONS, INC. XXXXXXXXXXX-XXXXXXX.XXX, INC.
/s/ Xxxx Xxxxxxxxx /s/ Xxxxxxxx Xxxxxxx
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XXXX XXXXXXXXX XXXXXXXX XXXXXXX
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Print Name Print Name
President Director
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Title Title
