Exclusive Product Resale and Non-Compete Agreement between Immudyne, Inc. and Confidential Reseller
Immudyne, Inc. agrees to wholesale certain products to a confidential reseller for cosmetic and healthcare resale to specific customers. Immudyne will not compete for sales to these customers and will provide technical and quality information upon request, but will not discuss process, costs, or pricing. The reseller is granted exclusive rights to sell the products to the listed customers for five years, with automatic one-year renewals unless terminated with 90 days' notice. Attachments listing customers and products are confidential.
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December 19, 2011
Marc McLAUGHLIN
President
IMMUDYNE, Inc.
7453 Empire Drive, suite 300
Suite 300
Florence, KY 41042 U.S.A.
Dear Marc:
As agreed, Immudyne, Inc. consents to wholesale the product listed on Attachment B (herein referred to as “Product”) to ** for cosmetic and healthcare resale to customers as listed on Attachment A (**). Attachment A and Attachment B may be modified during the term of this agreement by mutual written consent. Immudyne, Inc. agrees not to commercially compete with for sales to those customers listed on Attachment A. Moreover, and subject to an appropriate confidentiality agreement, Immudyne agrees, when requested, to discuss with customers listed on Attachment A technical and quality information, including safety issues. Furthermore, Immudyne agrees to refrain from discussing process, costs, and pricing with those customers listed. With respect to customers listed on Attachment A, ** will purchase the Product on a sole and exclusive basis from Immudyne and Immudyne appoints ** as its sole and exclusive reseller to the listed customer. This agreement will remain in full effect for a period of 5 (five) years, and shall be automatically renewed for continuous one-year periods unless either party gives notice of its intent to terminate at least ninety (90) days prior to the expiration of any renewal term thereof.
If you agree to the terms cited herein, please affix your signature below. Retain 1 (one) copy for your files and return the other copy to my attention.
| ** | For Immudyne, Inc. |
| Signature /s/ Mark McLaughlin | |
| Name: Marc McLaughlin | |
| Title: President | |
| Date 12/20/2011 |
** Portions of this page have been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.
Attachment A
**This attachment has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.
Attachment B
**This attachment has been omitted pursuant to a request for confidential treatment and filed separately with the Securities and Exchange Commission.
