Merchandising Agreement Sample Contracts

MERCHANDISING AGREEMENT BETWEEN SEARS, ROEBUCK AND CO., KMART CORPORATION, AND SEARS HOLDINGS CORPORATION AND SEARS HOMETOWN AND OUTLET STORES, INC., SEARS AUTHORIZED HOMETOWN STORES, LLC, AND SEARS OUTLET STORES, L.L.C., August 8, 2012
Merchandising Agreement • September 10th, 2012 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores • Illinois

This MERCHANDISING AGREEMENT (this “Agreement”) is between (1) SEARS, ROEBUCK AND CO., a New York corporation (“SRC”), KMART CORPORATION, a Michigan corporation (“Kmart” and together with SRC, “Seller”), and SEARS HOLDINGS CORPORATION, a Delaware corporation (“SHC”), and (2) SEARS HOMETOWN AND OUTLET STORES, INC., a Delaware corporation (“SHO”), SEARS AUTHORIZED HOMETOWN STORES, LLC, a Delaware limited liability company (SAHS”), and SEARS OUTLET STORES, L.L.C., a Delaware limited liability company (“Outlet Co.” and together with SHO and SAHS, “Buyer”). Other capitalized terms used but not defined in this Agreement are defined in Section 20, which begins on page 29.

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To the Stars, Inc.
Merchandising Agreement • March 16th, 2022 • To the Stars Inc. • Services-allied to motion picture production • California

This merchandising agreement (“Agreement”) sets forth the material terms pursuant to which To the Stars, Inc. (“TTS”) is entering into an agreement with My Products, LLC. f/s/o Tom DeLonge p/k/a “Angels & Airwaves” (hereinafter referred to as “Artist”), to acquire Artist’s exclusive worldwide e-commerce merchandise rights and non-exclusive retail rights in the Territory (defined below). Artist and TTS may collectively be referred to as the “Parties” and individually as a “Party”.

Licensing Agreement submissions@digitalgrifter.com
Merchandising Agreement • April 28th, 2021

This is a set of general guidelines as well as a user agreement that outlines how to license and sell shirts, hats, and other products through the online storefront Digital Grifter. This document contains general guidelines, a user-end agreement and an outline payment plan & structure.

Contract
Merchandising Agreement • March 31st, 2017 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores • Illinois

The use of “[***]” in this Exhibit indicates that confidential numbers have been omitted pursuant to a grant of confidential treatment by the Securities and Exchange Commission. The omitted numbers have been filed separately with the Securities and Exchange Commission. The use of “#” in this Exhibit indicates that the omitted numbers are in a range of numbers none of which exceeds 6.

Amendment No. 2 to Amended and Restated Merchandising Agreement
Merchandising Agreement • September 6th, 2017 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores

This Amendment No. 2 (“Amendment”), dated as of July 10, 2017, is entered into by and between (1) Sears, Roebuck and Co., a New York corporation (“SRC”), Kmart Corporation, a Michigan corporation (“Kmart” and, together with SRC, “Seller”) and Sears Holdings Corporation, a Delaware corporation (“SHC”) and (2) Sears Hometown and Outlet Stores, Inc., a Delaware corporation (“SHOS”), Sears Authorized Hometown Stores, LLC, a Delaware limited liability company (“SAHS”) and Sears Outlet Stores, L.L.C., a Delaware limited liability company (“Outlet Co.” and, together with SHOS and SAHS, “Buyer”), to further amend the Amended and Restated Merchandising Agreement, retroactive to May 1, 2016, as amended by the Amendment to Amended and Restated Merchandising Agreement, dated as of March 8, 2017, by and between Seller, SHC and Buyer (the “Agreement”). SHC, Seller and SHO are hereinafter referred to individually as a “Party” and collectively as the “Parties.” Defined terms used herein but not otherw

MONRO - MORSE MERCHANDISING AGREEMENT SEPTEMBER 1, 2002
Merchandising Agreement • November 12th, 2002 • Monro Muffler Brake Inc • Services-automotive repair, services & parking
AMENDMENT TO AMENDED AND RESTATED MERCHANDISING AGREEMENT
Merchandising Agreement • March 9th, 2017 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores • Illinois

THIS AMENDMENT (this “Amendment”), dated as of March 8, 2017 and effective as of the Effective Date, is entered into by and between (1) Sears, Roebuck and Co., a New York corporation (“SRC”), Kmart Corporation, a Michigan corporation (“Kmart” and, together with SRC, “Sears”) and Sears Holdings Corporation, a Delaware corporation (“SHC”), (2) Sears Hometown and Outlet Stores, Inc., a Delaware corporation (“SHO”), Sears Authorized Hometown Stores, LLC, a Delaware limited liability company (“SAHS”) and Sears Outlet Stores, L.L.C., a Delaware limited liability company (“Outlet Co.” and, together with SHO and SAHS, “Licensee”) and (3) solely for purposes of Section 1.4 and Section 1.6.5, Stanley Black & Decker, Inc. (“Stanley”), to amend the Amended and Restated Merchandising Agreement, retroactive to May 1, 2016, by and among Sears, SHC and Licensee (the “Agreement”). SHC, Sears, Licensee and Stanley are hereinafter referred to individually as a “Party” and collectively as the “Parties.” D

MERCHANDISING AGREEMENT
Merchandising Agreement • March 1st, 2020

This Merchandising Agreement (" Agreement") is entered into with the City of Thousand Oaks, State of California, this, by and between the City of Thousand Oaks, a California municipal corporation ("City") and) ("Merchandiser"), subject to the following terms and conditions.

AMENDMENT NO. 2 TO MERCHANDISING AGREEMENT Dated: December 9, 2013
Merchandising Agreement • December 10th, 2013 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores

THIS AMENDMENT NO. 2 TO MERCHANDISING AGREEMENT (this “Amendment”) between (1) SEARS, ROEBUCK AND CO., a New York corporation (“SRC”), KMART CORPORATION, a Michigan corporation (“Kmart” and together with SRC, “Seller”), and (2) SEARS HOMETOWN AND OUTLET STORES, INC., a Delaware corporation (“SHO”), SEARS AUTHORIZED HOMETOWN STORES, LLC, a Delaware limited liability company (“SAHS”), and SEARS OUTLET STORES, L.L.C., a Delaware limited liability company (“Outlet Co.” and together with SHO and SAHS, “Buyer”), and is retroactive to October 6, 2013 (the “Amendment Date”), and amends that certain Merchandising Agreement between Seller and Buyer dated August 8, 2012 (as amended, the “Agreement”). Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in the Agreement.

MERCHANDISING AGREEMENT
Merchandising Agreement • April 5th, 2018

WHEREAS, Licensor has adopted and is using “KAIROS”, “KAIROS TORCH”, “KAIROS OUTSIDE” names and designs as Trademarks for goods throughout the United States and elsewhere and is the owner of a U.S. Trademark Registration and Trademark Applications, hereinafter collectively referred to as “Trademarks”; and

EXHIBIT 10.5 THEGLOBE.COM MERCHANDISING AGREEMENT PREMIER PARTNER
Merchandising Agreement • November 3rd, 1999 • Netjewels Com Inc • New York
Amendment No. 4 to Merchandising Agreement
Merchandising Agreement • May 17th, 2016 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores

This Amendment No. 4 to Merchandising Agreement (this “Amendment”) is between (1) Sears, Roebuck and Co., a New York corporation (“SRC”), Kmart Corporation, a Michigan corporation (together with SRC, “Seller”), and Sears Holdings Corporation, a Delaware corporation (“SHC”), and (2) Sears Hometown and Outlet Stores, Inc., a Delaware corporation (“SHO”), Sears Authorized Hometown Stores, LLC, a Delaware limited liability company (“SAHS”), and Sears Outlet Stores, L.L.C., a Delaware limited liability company (together with SHO and SAHS, “Buyer”). This Amendment amends the Merchandising Agreement between Seller and Buyer dated August 8, 2012, as amended (as amended, the “Merchandising Agreement”), is signed as of the dates listed below and is retro-active to January 31, 2016 (the “Amendment Effective Date”).

AMENDMENT NO. 3 TO MERCHANDISING AGREEMENT
Merchandising Agreement • June 5th, 2015 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores

THIS AMENDMENT NO. 3 TO MERCHANDISING AGREEMENT (this “Amendment”) between (1) SEARS, ROEBUCK AND CO., a New York corporation (“SRC”), KMART CORPORATION, a Michigan corporation (“Kmart” and together with SRC, “Seller”), and (2) SEARS HOMETOWN AND OUTLET STORES, INC., a Delaware corporation (“SHO”), SEARS AUTHORIZED HOMETOWN STORES, LLC, a Delaware limited liability company (“SAHS”), and SEARS OUTLET STORES, L.L.C., a Delaware limited liability company (“Outlet Co.” and together with SHO and SAHS, “Buyer”), is retroactive to December 31, 2014 (the “Amendment Date”), is entered into as of the date of the last signature hereto and amends that certain Merchandising Agreement between Seller and Buyer dated August 8, 2012 (as amended, the “Agreement”). Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in the Agreement.

Merchandising Agreement
Merchandising Agreement • August 13th, 2019

Party Two is authorized to only utilize The Product in a fashion that does not compete with Party One's ongoing business regarding The Product. Party Two will further utilize The Product only according to the following stipulations:

IN-STORE MERCHANDISING AGREEMENT
Merchandising Agreement • December 20th, 2018

Retailer Responsibility Set-Up • Remove all old displays or counters in proposed STIHL area and complete whatever other preparation is required for “make ready” including provisions for electrical contractor. • Designate one person to set up STIHL units and otherwise assist full-time during installation period. On-Going • Provide a designated employee for the purpose of ordering, stocking and maintaining the STIHL® Concept Store or STIHL® Counter System on an ongoing basis. • Display only STIHL ® Products on the STIHL ® Concept Store Fixture System. • Dealer must merchandise a minimum of 12 ft. or 50% of overall counter length (whichever is greater) with STIHL ® accessories.

AMENDED AND RESTATED MERCHANDISING AGREEMENT BETWEEN SEARS, ROEBUCK AND CO., KMART CORPORATION, AND SEARS HOLDINGS CORPORATION AND SEARS HOMETOWN AND OUTLET STORES, INC., SEARS AUTHORIZED HOMETOWN STORES, LLC, AND SEARS OUTLET STORES, L.L.C.,
Merchandising Agreement • May 17th, 2016 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores • Illinois

This Amended and Restated Merchandising Agreement (this “Agreement”) is, except as expressly stated herein, retroactive to May 1, 2016 (the “Effective Date”) and is between (1) SEARS, ROEBUCK AND CO., a New York corporation (“SRC”), KMART CORPORATION, a Michigan corporation (“Kmart” and together with SRC, “Seller”), and SEARS HOLDINGS CORPORATION, a Delaware corporation (“SHC”), and (2) SEARS HOMETOWN AND OUTLET STORES, INC., a Delaware corporation (“SHO”), SEARS AUTHORIZED HOMETOWN STORES, LLC, a Delaware limited liability company (SAHS”), and SEARS OUTLET STORES, L.L.C., a Delaware limited liability company (“Outlet Co.” and together with SHO and SAHS, “Buyer”) and is signed on the dates set forth below. Other capitalized terms used but not defined in this Agreement are defined in Section 20, which begins on page 35.

AMENDMENT NO. 1 TO MERCHANDISING AGREEMENT
Merchandising Agreement • August 30th, 2013 • Sears Hometown & Outlet Stores, Inc. • Retail-department stores

THIS AMENDMENT NO. 1 TO MERCHANDISING ‘AGREEMENT (this “Amendment”) between (1) SEARS, ROEBUCK AND CO., a New York corporation (“SRC”), KMART CORPORATION, a Michigan corporation (“Kmart” and together with SRC, “Seller”), and (2) SEARS HOMETOWN AND OUTLET STORES, INC., a Delaware corporation (“SHO”), SEARS AUTHORIZED HOMETOWN STORES, LLC, a Delaware limited liability company (SAHS”), and SEARS OUTLET STORES, L.L.C., a Delaware limited liability company (“Outlet Co.” and together with SHO and SAHS, “Buyer”), and is effective as of July 5th, 2013 (the “Amendment Date”), and amends that certain Merchandising Agreement between Seller and Buyer dated August 8, 2012 (the “Agreement”). Capitalized terms used but not otherwise defined herein have the meanings ascribed to such terms in the Agreement.

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