Promotion Agreement Sample Contracts

Pacira Pharmaceuticals, Inc. – SECOND AMENDMENT TO THE CO-PROMOTION AGREEMENT DATED JANUARY 24, 2017 (February 28th, 2019)

This Second Amendment to the Co-Promotion Agreement dated January 24, 2017 is entered into this 21st day of December, 2018 (“First Amendment Effective Date”), between PACIRA PHARMACEUTICALS INC., a Delaware corporation (“PACIRA”), and DEPUY SYNTHES SALES, INC., a Massachusetts corporation (“DEPUY SYNTHES”), together with PACIRA, the “Parties” and each a “Party”.

Dova Pharmaceuticals Inc. – Third quarter net product sales of $2.9 million from DOPTELET® (avatrombopag); 335 cumulative unique prescribers from launch through September 30, 2018 sNDA accepted for review by FDA for DOPTELET for the treatment of chronic immune thrombocytopenia (ITP) Entered into exclusive co-promotion agreement with Salix Pharmaceuticals to promote DOPTELET to gastroenterologists Conference call scheduled for 4:30 p.m. ET today (November 8th, 2018)

DURHAM, NC, November 8, 2018 – Dova Pharmaceuticals, Inc. (NASDAQ: DOVA), a pharmaceutical company focused on acquiring, developing, and commercializing drug candidates for diseases where there is a high unmet need, today reported its operating and financial results for the third quarter ended September 30, 2018.

Dova Pharmaceuticals, Inc. – Corporate Presentation October 2018 Disclaimer Certain information contained in this presentation relates to or is based on studies, surveys and other data obtained from third-party sources and Dova’s own internal estimates and research. While Dova believes these sources to be reliable as of the date of this presentation, it has not independently verified, and makes no representation as to the adequacy, fairness, accuracy or completeness of, any information obtained from third-party sources. While Dova believes its internal research is reliable, such research has not been verified by any indep (October 2nd, 2018)
Exact Sciences Corp – Exact Sciences and Pfizer Enter into U.S. Promotion Agreement for Cologuard® Collaboration is expected to drive Cologuard adoption through expanded sales and marketing efforts (August 22nd, 2018)

MADISON, Wis. and NEW YORK, August 22, 2018 — Exact Sciences Corp. (Nasdaq: EXAS) and Pfizer Inc. (NYSE: PFE) today announced an agreement through 2021 to co-promote Cologuard, the first and only FDA-approved non-invasive stool DNA screening test for colorectal cancer. Pfizer will join Exact Sciences’ sales representatives in reaching both physicians and health systems and will also actively participate in extending and deepening the Cologuard marketing campaign.

Exact Sciences Corp – COLOGUARD® PROMOTION AGREEMENT BY AND BETWEEN EXACT SCIENCES CORPORATION AND PFIZER INC. August 21, 2018 (August 22nd, 2018)

This Agreement (the “Agreement”) is made and entered into as of August 21, 2018 (the “Effective Date”), by and between Pfizer Inc. (“Pfizer”), a Delaware corporation, with a principal place of business at 235 East 42nd Street, New York, New York 10017 and Exact Sciences Corporation (“Exact”), a Delaware corporation with a principal place of business at 441 Charmany Drive, Madison, Wisconsin 53719. Pfizer and Exact may each be referred to herein individually as a “Party” and collectively as the “Parties”.

Jaguar Health, Inc. – Jaguar Health (NASDAQ: JAGX) Subsidiary Napo Pharmaceuticals and RedHill Biopharma Enter U.S. Co-Promotion Agreement for Mytesi, Napo’s FDA-Approved Drug Product (July 5th, 2018)

SAN FRANCISCO, CA - June 28, 2018 — Napo Pharmaceuticals, Inc. (Napo), a human health company developing and commercializing novel gastrointestinal prescription products from plants used traditionally in rainforest areas, and a wholly-owned subsidiary of Jaguar Health, Inc. (NASDAQ: JAGX) (Jaguar), today announced that it has entered into an agreement (the Agreement) with RedHill Biopharma Ltd. (RedHill) (NASDAQ: RDHL), a specialty biopharmaceutical company primarily focused on late clinical-stage development and commercialization of proprietary drugs for gastrointestinal diseases and cancer, to establish a U.S. co-promotion program for Mytesi® (crofelemer 125 mg delayed-release tablets), Napo’s FDA-approved drug, for the current approved indication. Mytesi is indicated for the symptomatic relief of noninfectious diarrhea in adult patients with HIV/AIDS on antiretroviral therapy (ART).

Depomed Inc – Depomed Announces First-Quarter 2018 Financial Results - Company Confirms Previous 2018 Guidance for Neurology Franchise Net Sales and Non-GAAP Adjusted EBITDA - - Amends Existing Agreement for CAMBIA Line Extension — - Announces New Co-Promotion Agreement for Zipsor — - Begins Enrollment in New Clinical Trial Using Cosyntropin to Treat Rare Pediatric Disorder- - Transitioning to New Corporate Headquarters in Lake Forest, Illinois — (May 10th, 2018)

Lake Forest, Illinois, - Depomed, Inc. (Nasdaq: DEPO) today reported financial results for the quarter ended March 31, 2018, and provided an update on its business performance and strategic initiatives.

Bluebird Bio, Inc. – – Completed Northstar study of LentiGlobin in transfusion dependent β‑thalassemia (TDT) – – Entered into co-development and co-promotion agreement for bb2121 with Celgene – – Ended quarter with $1.57 billion in cash, cash equivalents and marketable securities – (May 2nd, 2018)

Cambridge, Mass., May 2, 2018 – bluebird bio, Inc. (Nasdaq: BLUE) today reported financial results and business highlights for the first quarter ended March 31, 2018.

Marrone Bio Innovations Inc – Promotion Agreement (November 14th, 2017)

I am pleased to offer you the full-time position of President and CFO with Marrone Bio Innovations, Inc. (the “Company”), reporting to Pam Marrone, CEO. We anticipate your start date to be on August 15, 2017.

Cumberland Pharmaceuticals Inc – - New Co-Promotion Agreement for Kristalose® added (August 9th, 2017)

NASHVILLE, TN (Tuesday, August 8, 2017) - Cumberland Pharmaceuticals Inc. (NASDAQ: CPIX), a specialty pharmaceutical company focused on hospital acute care and gastroenterology, today announced second quarter 2017 financial results with Net Revenues of $8.7 million, up 17% over the prior year quarter. It was the fourth consecutive quarter of year over year revenue growth for the Company, and during the first half of 2017 Net Revenues increased 21% over the prior year period.

Bristol Myers Squibb Co – FOURTH AMENDMENT TO AMENDED AND RESTATED CO‑DEVELOPMENT AND CO‑PROMOTION AGREEMENT (APIXABAN) (July 28th, 2016)

THIS FOURTH AMENDMENT (this “Amendment”) TO THAT CERTAIN AMENDED AND RESTATED CO‑DEVELOPMENT AND CO‑PROMOTION AGREEMENT (Apixaban), dated as of April 26, 2007, as amended and restated as of August 23, 2007, is made as of May 18, 2015 (the “Execution Date”) by and between BRISTOL‑MYERS SQUIBB COMPANY, a Delaware corporation headquartered at 345 Park Avenue, New York, New York 10154 (“BMS”), and PFIZER INC., a Delaware corporation having its principal place of business at 235 East 42nd Street, New York, New York 10017 (“COLLABORATOR”). BMS and COLLABORATOR are sometimes referred to herein individually as a “Party” and collectively as the “Parties.

Bristol Myers Squibb Co – SECOND AMENDMENT TO AMENDED AND RESTATED CO‑DEVELOPMENT AND CO‑PROMOTION AGREEMENT (APIXABAN) (July 28th, 2016)

THIS SECOND AMENDMENT (this “Amendment”) TO THAT CERTAIN AMENDED AND RESTATED CO‑DEVELOPMENT AND CO‑PROMOTION AGREEMENT (Apixaban), dated as of April 26, 2007, as amended and restated as of August 23, 2007, is made as of March 15, 2012 (the “Effective Date”) by and between BRISTOL‑MYERS SQUIBB COMPANY, a Delaware corporation headquartered at 345 Park Avenue, New York, New York 10154 (“BMS”), and PFIZER INC., a Delaware corporation having its principal place of business at 235 East 42nd Street, New York, New York 10017 (“COLLABORATOR”). BMS and COLLABORATOR are sometimes referred to herein individually as a “Party” and collectively as the “Parties.

Cumberland Pharmaceuticals Inc – - Caldolor® Approved by FDA for Pediatric Patients - Co-Promotion Agreement Signed with Piramal Critical Care - Acetadote® Patent Upheld in Favorable Court Ruling (March 9th, 2016)

NASHVILLE, TN (Thursday, March 3, 2016) - Cumberland Pharmaceuticals Inc. (NASDAQ: CPIX), a specialty pharmaceutical company focused on hospital acute care and gastroenterology, today announced fourth quarter 2015 financial results with Net Revenues of $8.0 million and Adjusted Earnings of $0.6 million or $0.03 per share. Net Revenues for the year ended December 31, 2015 were $33.5 million with Adjusted Earnings of $4.5 million or $0.26 per share.

VNUE, Inc. – PROMOTION AGREEMENT (September 14th, 2015)

This Promotion Agreement (“Agreement”) is entered into effective September 10, 2015 between BookingEntertainment.com (“Promoter”) of 275 Madison Avenue, 6th Floor, New York, NY 10016 and VNUE, Inc., (“VNUE”), a Nevada corporation quoted on the OTCMarkets, with offices at

Union Carbide Corp /New/ – SECOND AMENDMENT TO THE SECOND AMENDED AND RESTATED SALES PROMOTION AGREEMENT (October 28th, 2014)

This Second Amendment (this “Amendment”) to the Second Amended and Restated Sales Promotion Agreement by and between Union Carbide Corporation (“UCC”) and The Dow Chemical Company (“TDCC”) dated January 1, 2004, as amended by the First Amendment dated March 22, 2013 (the “Agreement”) is made effective as of July 1, 2014 (the “Effective Date”).

Veracyte, Inc. – Veracyte, Inc. Announces Second Quarter 2014 Financial Results — 2Q Revenue Increased 71%, Compared to Prior Year — — Company Announces Agreement to Amend Terms of Genzyme Co-Promotion Agreement — — Conference Call and Webcast Today at 5 p.m. ET — (August 13th, 2014)

South San Francisco, Calif. — August 13, 2014 — Veracyte, Inc. (Nasdaq: VCYT) today reported financial results for the second quarter ended June 30, 2014, and provided an update on business progress. For the second quarter of 2014, revenue was $8.7 million, an increase of 71%, compared to $5.1 million for the second quarter of 2013. Revenue for the six months ended June 30, 2014 was $16.2 million, compared to $9.5 million for the same period in 2013, also an increase of 71%.

Orasure Technologies Inc – ORASURE TECHNOLOGIES ANNOUNCES NEW CO-PROMOTION AGREEMENT FOR ORAQUICK® HCV RAPID ANTIBODY TEST - Investor Conference Call Scheduled Today for 8:30 a.m. Eastern Time (5:30 a.m. Pacific Time) - (June 11th, 2014)

BETHLEHEM, Pa. – June 11, 2014 – OraSure Technologies (NASDAQ: OSUR), a market leader in point of care diagnostics, announced today that it has entered into a Master Program Services and Co-Promotion Agreement with AbbVie under which AbbVie and OraSure will co-promote the Company’s OraQuick® HCV Rapid Test in the United States. The product will be used to test individuals at-risk for hepatitis C (HCV). OraSure will be responsible for manufacturing and selling the product directly into all markets.

Amarin Corp Plc\uk – Amarin and Kowa Pharmaceuticals America, Inc. Announce U.S. Co-Promotion Agreement for Vascepa® (icosapent ethyl) Capsules —Agreement to More than Double Vascepa Sales Calls and Expand Promotional Breadth and Depth — (March 31st, 2014)

BEDMINSTER, N.J., DUBLIN, Ireland, and MONTGOMERY, AL, March 31, 2014 — Amarin Corporation plc (Nasdaq: AMRN) and Kowa Pharmaceuticals America, Inc., two biopharmaceutical companies focused on the development and commercialization of therapeutics to improve cardiovascular health, today announced an agreement to co-promote Amarin’s flagship product, Vascepa® (icosapent ethyl) capsules, in the United States. Vascepa is approved for use in the United States as an adjunct to diet to reduce triglyceride levels in adult patients with severe (>500 mg/dL) hypertriglyceridemia. In bringing together two companies focused on the primary care and cardiovascular health communities, the agreement is designed to benefit a greater number of patients.

Cumberland Pharmaceuticals Inc – Omeclamox-PaK® PROMOTION AGREEMENT (March 11th, 2014)

THIS AGREEMENT, by and between Cumberland Pharmaceuticals Inc., a Tennessee corporation (“CUMBERLAND”), and Pernix Therapeutics, LLC, a Louisiana limited liability company (“PERNIX”) is effective as of October 1, 2013 (the “Effective Date”).

Inergetics Inc – LICENSE AND PROMOTION AGREEMENT by and between MARTHA STEWART LIVING OMNIMEDIA, INC. and Inergetics, inc. Dated May 7, 2013 LICENSE AND PROMOTION AGREEMENT (May 15th, 2013)

THIS AGREEMENT (the “Agreement”) entered into on April 10, 2013, but effective as of this 7th day of May 2013, by and between Martha Stewart Living Omnimedia, Inc. (“MSLO”), a Delaware corporation with its principal place of business at 601 West 26th Street, New York, New York 10001, and Inergetics, Inc., a Delaware corporation and Millennium Biotechnologies, Inc., a wholly-owned subsidiary of Inergetics, Inc., (Inergetics, Inc. and Millennium Biotechnologies, Inc., collectively, “Licensee”), with their principal place of business at 205 Robin Road, Suite 222 Paramus, NJ 07652 (each of MSLO and Licensee, a “Party” or “Parties”).

Union Carbide Corp /New/ – FIRST AMENDMENT TO THE SECOND AMENDED AND RESTATED SALES PROMOTION AGREEMENT (April 30th, 2013)

This First Amendment to the Second Amended and Restated Sales Promotion Agreement by and between Union Carbide Corporation (“UCC”) and The Dow Chemical Company (“TDCC”) dated January 1, 2004 (this “Amendment”) is made effective as of March 22, 2013 (the “Effective Date”).

Sunpeaks Ventures, Inc. – ADVERTISING AND PROMOTION AGREEMENT (August 14th, 2012)

This Advertising and Promotion Agreement ("Agreement") is entered into as of April ·11, 2012, by and among Healthcare Distribution Specialists ("Sponsor”), New Cardinals  Stadium, LLC and Arizona Cardinals Football Club LLC. New Cardinals Stadium, LLC and Arizona Cardinals Football Club LLC are referred to collectively herein as "Team."

Auxilium Pharmaceuticals Inc – AUXILIUM PHARMACEUTICALS, INC. AND GLAXOSMITHKLINE LLC ENTER INTO A CO- PROMOTION AGREEMENT FOR TESTIM® IN THE U.S. (May 21st, 2012)

Malvern, PA, and Philadelphia, PA, (May 21, 2012) — Auxilium Pharmaceuticals, Inc. (NASDAQ: AUXL) and GlaxoSmithKline LLC, the U.S. subsidiary of GlaxoSmithKline plc (LSE: GSK), announced today that they have entered into an agreement for the co-promotion of Testim® 1% (testosterone gel), which is indicated for testosterone replacement therapy in adult males for conditions associated with a deficiency or absence of testosterone.

Auxilium Pharmaceuticals Inc – AUXILIUM PHARMACEUTICALS, INC. RAISES REVENUE GUIDANCE AND REDUCES NET LOSS GUIDANCE FOR 2012 Conference Call Scheduled for 10:00 am ET to Discuss Testim Co-Promotion Agreement with GlaxoSmithKline (May 21st, 2012)

Malvern, PA, (May 21, 2012) — Auxilium Pharmaceuticals, Inc. (NASDAQ: AUXL) is raising its full year 2012 revenue guidance to a range of $293 to $315 million and is reducing its guidance for net loss to a range of $5 to $10 million.  The Company will be holding a conference call today, May 21, 2012, at 10:00 am ET to discuss the agreement for the Testim® U.S. co-promotion with GlaxoSmithKline LLC, the U.S. subsidiary of GlaxoSmithKline plc (LSE: GSK).

PediatRx Inc. – PediatRx enters U.S. co-promotion agreement for AQUORALTM (September 14th, 2011)

CALIFON, NJ – September 14, 2011 – PediatRx Inc. (“PediatRx”) (OTCBB: PEDX), a hospital specialty company with an initial focus on oncology supportive care products, has entered into a U.S. co-promotion agreement with Bi-Coastal Pharmaceutical Corp. for AQUORAL ™, an FDA-cleared, prescription-only treatment for xerostomia (the medical term for dry mouth due to a lack of saliva). Xerostomia can be a debilitating medical condition and is estimated to impact between 35 and 40 million Americans. It is especially prevalent in patients undergoing various treatments for cancer and those with Sjögren’s syndrome. It is also common in the elderly and in patients who are taking prescription medications.

Portlogic Systems Inc. – CLIP MOBILE - AGENT PARTNER PRODUCT DISTRIBUTION AND PROMOTION AGREEMENT Partner Term Sheet – PORTLOGIC SYSTEMS INC. (June 15th, 2011)

This Agreement is made and entered into on June 10, 2011, between Clip Mobile Inc., a Canadian Federal Corporation, located at 225-167 Church Street Toronto, ON M5B 1Y6.

KAYAK SOFTWARE Corp – CONFIDENTIAL TREATMENT AMENDED AND RESTATED PROMOTION AGREEMENT (May 27th, 2011)

This AMENDED AND RESTATED PROMOTION AGREEMENT (this “Agreement”) is dated as of April 23, 2009, and effective January 1, 2009 (the “Effective Date”) by and between Kayak Software Corp. (“Kayak”), a Delaware corporation with offices at 55 North Water Street, Suite 1, Norwalk, Connecticut 06854, and Orbitz Worldwide, LLC (“Orbitz”), a Delaware corporation with offices at 500 West Madison Street, Suite 1000, Chicago, IL 60661.

Studio Ii Brands Inc – INTERNATIONAL EXCLUSIVE DISTRIBUTION AND PROMOTION AGREEMENT This agreement, made and entered into this 27 day of June, 2009, by and between: (May 13th, 2011)

CAFÉ CENTRO BRAZIL DI WURZBURGER VITTORIO & C. S.a.s. a company incorporated under the laws of Italy, with registered office in Strada privata F. Graziano n.16, 80022 Arzano (NA) Italy, hereby represented by Mr. Giovanni Wurzburger duly empowered to sign this agreement (hereinafter referred to as the "Supplier"); and

Brainsway Ltd. – MARKETING AND PROMOTION AGREEMENT (April 11th, 2011)

THIS AGREEMENT (this "Agreement") is made and entered into as of June 16, 2009  between Brainsway Ltd., a corporation organized under the laws of Israel having a place of business at 1st Floor, 19 Hartum Street, Har Hotzvim, Israel ("Brainsway") and ATID (Advanced Technologies Innovation Distribution SRL), an Italian corporation having a place of business at Rome Via Dora 1  ("Distributor").

Studio Ii Brands Inc – INTERNATIONAL EXCLUSIVE DISTRIBUTION AND PROMOTION AGREEMENT This agreement, made and entered into this 27 day of June, 2009, by and between: (February 10th, 2011)

CAFÉ CENTRO BRAZIL DI WURZBURGER VITTORIO & C. S.a.s. a company incorporated under the laws of Italy, with registered office in Strada privata F. Graziano n.16, 80022 Arzano (NA) Italy, hereby represented by Mr. Giovanni Wurzburger duly empowered to sign this agreement (hereinafter referred to as the "Supplier"); and

KAYAK SOFTWARE Corp – CONFIDENTIAL TREATMENT AMENDED AND RESTATED PROMOTION AGREEMENT (December 7th, 2010)

This AMENDED AND RESTATED PROMOTION AGREEMENT (this “Agreement”) is dated as of April 23, 2009, and effective January 1, 2009 (the “Effective Date”) by and between Kayak Software Corp. (“Kayak”), a Delaware corporation with offices at 55 North Water Street, Suite 1, Norwalk, Connecticut 06854, and Orbitz Worldwide, LLC (“Orbitz”), a Delaware corporation with offices at 500 West Madison Street, Suite 1000, Chicago, IL 60661.

Tata Communications Ltd – TATA BRAND EQUITY & BUSINESS PROMOTION AGREEMENT (September 30th, 2010)

THIS AGREEMENT is made on this 2nd day of February 2010 BETWEEN TATA SONS LIMITED, a Company incorporated under the Indian Companies Act VII of 1913 and having its registered office at Bombay House, 24, Homi Mody Street, Mumbai 400 001 (hereinafter called “the Proprietor”) of the First Part and :

Warner Chilcott Plc – Warner Chilcott Agrees to Terminate Existing Co-Promotion Agreement and (September 24th, 2010)

ARDEE, Ireland, September 24, 2010 – Warner Chilcott plc (NASDAQ: WCRX) today announced that it has agreed to terminate its existing co-promotion agreement with Novartis and signed a definitive agreement to purchase the U.S. rights to Enablex® from Novartis for $400 million in cash. Enablex (darifenacin) is a product indicated to treat adults with symptoms of overactive bladder, which had U.S. sales of approximately $190 million for the year ended December 31, 2009. The transaction remains subject to clearance under the Hart-Scott-Rodino Antitrust Improvements Act and other customary closing conditions, and is expected to close by the end of October 2010.

Somaxon Pharmaceuticals, Inc. – Somaxon Pharmaceuticals, Inc. Silenor/Procter & Gamble Co-Promotion Agreement Announcement CONFERENCE CALL TRANSCRIPT August 25, 2010, 9:00 AM ET (August 26th, 2010)
Prometheus Laboratories Inc – DISTRIBUTION AND PROMOTION AGREEMENT (March 25th, 2010)

THIS DISTRIBUTION AND PROMOTION AGREEMENT (this “Agreement”) is entered into as of the 21st day of December, 2009 (the “Effective Date”), by and between Prometheus Laboratories Inc., a corporation organized under the laws of California, having a place of business at 9410 Carroll Park Drive, San Diego, CA 92121 (“Prometheus”) and Novartis Vaccines and Diagnostics, Inc., a Delaware corporation, with its principal place of business at 350 Massachusetts Avenue, Cambridge, MA 02139 (“Novartis”). Prometheus and Novartis are sometimes collectively referred to herein as the “Parties” and separately as a “Party.”