Distribution and Marketing Agreement Sample Contracts

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BETWEEN
Distribution and Marketing Agreement • October 25th, 2000 • Evergreen Solar Inc • Semiconductors & related devices • Massachusetts
DATED: OCTOBER 15, 2009 PACIRA PHARMACEUTICALS, INC. and EKR THERAPEUTICS, INC. AMENDED AND RESTATED STRATEGIC LICENSING, DISTRIBUTION AND MARKETING AGREEMENT
Distribution and Marketing Agreement • January 13th, 2011 • Pacira Pharmaceuticals, Inc. • Pharmaceutical preparations • New York

THIS AMENDED AND RESTATED STRATEGIC LICENSING, DISTRIBUTION AND MARKETING AGREEMENT (the “Agreement”) is made on October 15, 2009 (the “Agreement Date”) and is effective as of the Effective Date (as defined below), between:

BACKGROUND
Distribution and Marketing Agreement • September 22nd, 2000 • Ciphergen Biosystems Inc • Services-commercial physical & biological research • California
AMENDED AND RESTATED DISTRIBUTION AND MARKETING AGREEMENT DATED AS OF MARCH 6, 2017 BY AND BETWEEN THERATECHNOLOGIES INC. AND TAIMED BIOLOGICS INC.
Distribution and Marketing Agreement • September 27th, 2019 • Theratechnologies Inc. • Pharmaceutical preparations • New York

THIS AMENDED AND RESTATED DISTRIBUTION AND MARKETING AGREEMENT (this “Agreement”) made as of March 6, 2017 (the “Execution Date”), by and between THERATECHNOLOGIES INC., a corporation organized under the laws of the Province of Québec, having its head office and principal place of business at 2015 Peel Street, 5th Floor, in the City of Montréal, Province of Québec, Canada, H3A 1T8 (“Theratechnologies”), and TaiMed Biologics Inc., a corporation organized under the laws of Taiwan, having its head office and principal place of business at 3F., No. 607, Ruiguang Rd., Neihu Dist., Taipei City 11492, Taiwan (“TaiMed”). Theratechnologies and TaiMed may hereinafter be referred to individually as a “Party” or collectively as the “Parties”.

LICENSING, DISTRIBUTION AND MARKETING AGREEMENT
Distribution and Marketing Agreement • March 25th, 2021 • Vivos Therapeutics, Inc. • Surgical & medical instruments & apparatus • Colorado

This Licensing, Distribution and Marketing Agreement (this “Agreement”) is entered into as of January 1, 2021 (the “Effective Date”) notwithstanding the later execution hereof by and between MyCardio, LLC (d/b/a SleepImage), a Delaware limited liability with an address at 3003 E 3rd Avenue, Suite 201, Colorado 80206 (the “Company”), and Vivos Therapeutics, Inc., a Delaware corporation with an address at 9137 Ridgeline Boulevard, Suite 135, Highlands Ranch, Colorado 80129 (“Distributor”). The Company and Distributor are sometimes referred to herein as a “Party” and together as the “Parties”.

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Distribution and Marketing Agreement • November 19th, 2004 • Vistula Communications Services Inc • Telephone communications (no radiotelephone)

Reference is made to the Distribution and Marketing Agreement (the "Agreement"), dated as of August 11, 2004, by and among NetYantra Inc. ("NetYantra US"), NetYantra India Pvt. Ltd (collectively with NetYantra US, "NetYantra") and Vistula Communications Services, Inc. (the "Company"). Pursuant to Section 13.2 of the Agreement and for good and valuable consideration, including the agreement by the Company to pay NetYantra the amount of $25,000 in addition to the Initial Payment (defined below) and to issue 50,000 shares of the Company's common stock to NetYantra US, NetYantra hereby agrees (a) to waive the obligations of the Company under Section 6.2.1 of the Agreement for a period of thirty-five (35) days with the effect that the Company will instead now be required to pay to NetYantra the sum of $150,000 (the "Initial Payment") in one or more payments on or before October 15, 2004 (the "New Payment Date"); and (b) that the Agreement shall not terminate pursuant to the last sentence of

Contract
Distribution and Marketing Agreement • October 15th, 2007 • Alfacell Corp • Biological products, (no disgnostic substances)

DISTRIBUTION AND MARKETING AGREEMENT This Distribution and Marketing Agreement (the “Agreement”) is effective as of July 25, 2007 (“Effective Date”) and is by and between Alfacell Corporation, a Delaware corporation with principal offices at 300 Atrium Drive, Somerset, New Jersey 08873 (“Alfacell”) and USP Pharma Spolka Z.O.O., a corporation formed under the laws of Poland with principal offices at c/o US Pharmacia International, Inc., 966 Hungerford Drive, Suite 3B, Rockville, Maryland 20850 (“Distributor”). Alfacell and Distributor are referred to herein each as a “Party” and collectively as the “Parties”). WITNESSETH : WHEREAS, Alfacell is developing ONCONASE® for oncological uses and WHEREAS, Alfacell desires to appoint Distributor as the exclusive distributor in the Territory of Product for use in the Field and Distributor desires to accept such appointment, all on and subject to the terms and conditions hereinafter set forth. NOW, THEREFORE, subject to the terms and conditions of

Exhibit 3
Distribution and Marketing Agreement • April 26th, 1999 • General Electric Capital Corp • Personal credit institutions • New York
EXCLUSIVE DISTRIBUTION AND MARKETING AGREEMENT
Distribution and Marketing Agreement • May 4th, 2011 • Innovative Wireless Technologies, Inc. • Blank checks

RECITALS 3 DEFINITIONS 4 AGREEMENT 5 1. Subject of Distribution and Marketing Agreement 5 2. Required Supplemental Agreements 5 3. Organization of Distribution and Assignment of Rights and Duties 6 4. Transfer of authority and Term of the Distribution and Marketing Agreement 7 5. Independent Entities 8 6. Expenses and third parties 8 7. Minimum sales requirements 8 8. Termination of the Distribution and Marketing Agreement 9 9. Appearance and marking of the Products 9 10. Standard terms of sale 10 11. Purchasing price, cost changes, and shipping conditions 10 12. Orders 11 13. Transfer of Products 11 14. Payments 11 15. Tendering technical information 11 16. Market research 12 17. Confidentiality 12 18. Technical Support 12 19. Warranties 12 20. Limitations on Liability; Indemnity 13 21. Force majeure 13 22. Bankruptcy 13 23. Amendments 14 24. Entire Agreement 14 25. Parties’ legal remedies 14 26. Notices 14 27. Final provisions 15 28. Banking Information 15 Signature Page 16 List of S

Distribution and Marketing Agreement
Distribution and Marketing Agreement • January 12th, 2021 • Texas

WHEREAS, Master Distributor purchases for resale, constructs and/or manufactures certain products, product kits and display/demonstration units and marketing material;

DISTRIBUTION AND MARKETING AGREEMENT
Distribution and Marketing Agreement • April 4th, 2005 • Vistula Communications Services Inc • Telephone communications (no radiotelephone) • England and Wales

This Agreement made as of the 1st day of April, 2005 (the “Effective Date”), by and among Vistula Communications Services, Inc, a Delaware corporation with its principal place of business at 40 Portman Square, 4th Floor, London, United Kingdom W1H 6LT (“Vistula”) and Telstra Europe Limited, a company registered in England with number 3830643 with its registered office at Telstra House, 21 Tabernacle Street, London EC2A 1AE (“Telstra”). Vistula and Telstra are sometimes referred to individually as a “Party” and collectively as the “Parties.”

DISTRIBUTION AND MARKETING AGREEMENT
Distribution and Marketing Agreement • August 31st, 2004 • Vistula Communications Services Inc • Telephone communications (no radiotelephone) • Massachusetts

This Agreement made as of the 11th day of August, 2004 (the "Effective Date"), by and among NetYantra Inc., a Delaware corporation with its principal place of business at Suite 102, #327 5200, NW 43rd Street, Gainesville, Florida 32606, United States of America ("NetYantra US") and NetYantra India Pvt Ltd, an Indian company with its principal office at 3rd Floor, Jaysynth Centre, Plot No. 6, Sector 24, Turbhe, Navi Mumbai—400705, Mumbai, India ("NetYantra India," and collectively with NetYantra US, "NetYantra"), and Vistula Communications Services, Inc, a Delaware corporation with its principal place of business at 40 Portman Square, 4th Floor, London, United Kingdom W1H 6LT ("Vistula"). Vistula and NetYantra are sometimes referred to individually as a "Party" and collectively as the "Parties."

DATED 2020
Distribution and Marketing Agreement • April 29th, 2020 • Aptorum Group LTD • Pharmaceutical preparations • Hong Kong
DISTRIBUTION AND MARKETING AGREEMENT
Distribution and Marketing Agreement • April 2nd, 2007 • Skinny Nutritional Corp. • Wholesale-groceries, general line • Pennsylvania

This agreement is made by and between GELTECH SALES, LLC (hereinafter referred to as “Broker”) on the first part, and SKINNY NUTRITIONAL CORP., a Nevada corporation, with business offices located in Bala Cynwyd, Pennsylvania (hereinafter referred to as “Company”) on the second part and is effective as of the 27th day of February 2007(the “Effective Date”).

DISTRIBUTION AND MARKETING AGREEMENT BETWEEN PROXYMED, INC. AND NATIONAL NETWORK SERVICES, INC. AND PLANVISTA CORPORATION
Distribution and Marketing Agreement • June 13th, 2003 • Planvista Corp • Insurance agents, brokers & service • Florida

THIS AGREEMENT, which is effective as of June 10, 2003 (the “Effective Date”), is by and between PROXYMED, INC. (“ProxyMed”), and NATIONAL NETWORK SERVICES, INC. (“NNSI”), AND PLANVISTA CORPORATION (collectively with NNSI, “PlanVista”).

PRINCIPAL TERMS
Distribution and Marketing Agreement • September 22nd, 2010 • MusclePharm Corp • Pharmaceutical preparations • California
DISTRIBUTION AND MARKETING AGREEMENT BETWEEN “PKF AKS” And Nature of Beauty Ltd
Distribution and Marketing Agreement • March 21st, 2008 • Nature of Beauty Ltd.

This Marketing and Sales Distribution agreement (the "Agreement") is made by and between Nature of Beauty Ltd. and/or assigns (the "Assigns") to market and distribute the products listed in a Table A appended to this Agreement hereto (hereafter collectively referred to as “Products"), and “PKF AKS” (Hereafter referred to as "Supplier"), collectively the "Parties", on the January 10, 2008.

AMENDMENT #3 to Amended and Restated Distribution and Marketing Agreement (the “Agreement”) TERM SHEET
Distribution and Marketing Agreement • February 21st, 2024 • Theratechnologies Inc. • Pharmaceutical preparations
AMENDMENT #2
Distribution and Marketing Agreement • November 15th, 2019 • Theratechnologies Inc. • Pharmaceutical preparations

This AMENDMENT #2 TO AMENDED AND RESTATED DISTRIBUTION AND MARKETING AGREEMENT (the “Amendment”), effective as of November 5, 2019 (the “Amendment Effective Date”), is made by and between TAIMED BIOLOGICS INC., a Taiwan corporation with the registered company address at 3F, No. 607, Ruiguang Road, Neihu District, Taipei City 11492, Taiwan, R.O.C. (“TaiMed”), and THERATECHNOLOGIES INC., a Canadian corporation organized under the laws of the Province of Quebec having its head office and principal place of business located at 2015 Peel Street, 5th floor, in the City of Montreal, Province of Quebec, Canada H3A 1T8 (“Theratechnologies”).

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AMENDMENT#1
Distribution and Marketing Agreement • September 27th, 2019 • Theratechnologies Inc. • Pharmaceutical preparations

This AMENDMENT #1 TO AMENDED AND RESTATED DISTRIBUTION AND MARKETING AGREEMENT (the “Amendment”), effective as of November 6, 2018 (the “Amendment Effective Date”), is made by and between TAIMED BIOLOGICS INC., a Taiwan corporation with the registered company address at 3F, No. 607, Ruiguang Road, Neihu District, Taipei City 11492, Taiwan, R.O.C. (“TaiMed”), and THERATECHNOLOGIES INC., a Canadian corporation organized under the laws of the Province of Quebec having its head office and principal place of business located at 2015 Peel Street, 5th floor, in the City of Montreal, Province of Quebec, Canada H3A 1T8 (“Theratechnologies”).

DISTRIBUTION AND MARKETING AGREEMENT
Distribution and Marketing Agreement • September 1st, 2023 • Capstone Dental Pubco, Inc. • Texas

This Distribution and Marketing Agreement (the “Agreement”) is effective as of August 27, 2015, (“Effective Date”) by and between OSTEOGENICS BIOMEDICAL, INC., a Texas corporation, having an address at 4620 71st Street, Bldg. 78-79, Lubbock, Texas 79424, USA (hereinafter, “Supplier”), and KEYSTONE DENTAL, INC., having an address at 154 Middlesex Turnpike, Burlington, MA 01803 (hereinafter, “Distributor” and together with Supplier, the “parties”).

AMENDMENT #2
Distribution and Marketing Agreement • February 21st, 2024 • Theratechnologies Inc. • Pharmaceutical preparations

This AMENDMENT #2 TO AMENDED AND RESTATED DISTRIBUTION AND MARKETING AGREEMENT (the “Amendment”), effective as of November 5, 2019 (the “Amendment Effective Date”), is made by and between TAIMED BIOLOGICS INC., a Taiwan corporation with the registered company address at 3F, No. 607, Ruiguang Road, Neihu District, Taipei City 11492, Taiwan, R.O.C. (“TaiMed”), and THERATECHNOLOGIES INC., a Canadian corporation organized under the laws of the Province of Quebec having its head office and principal place of business located at 2015 Peel Street, 5th floor, in the City of Montreal, Province of Quebec, Canada H3A 1T8 (“Theratechnologies”).

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