AMENDMENT NO. 4 TO TRADEMARK.LICENSE AGREEMENT

EX-10.5 8 v424083_ex10-5.htm EXHIBIT 10.5

 

Exhibit 10.5

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 
 

 

 

 

 
 

 

AMENDMENT NO. 4 TO TRADEMARK. LICENSE AGREEMENT

 

This Amendment No. 4 to Trademark License Agreement ( “Amendment No. 4”)” is made and entered into effective as of September 6, 2015(the “Effective Date'') by and between Monster, Inc. f/k/a Monster Cable Products, Inc., a California corporation having an address at 455 Valley Drive, Brisbane, CA 94005 (“Licensor”), SDJ Technologies, Inc., a Delaware corporation having an address at 2655 Park Center Drive, Unit C, Simi Valley, CA 93065 (“SDJ”), and Tandon Digital, Inc., a Delaware corporation having an address at 2655 Park Center Drive, Unit C, Simi Valley, CA 93065 (“Parent”) (each of above entities are sometimes referred to as a “Party” and are collectively referred to as the “Parties”).

 

RECITALS

 

A.Licensee develops, manufactures, sells and distributes memory data storage and other products.

 

B.On July 7, 2010, Licensor and SDJ executed a Trademark License Agreement (the “License Agreement”) relating to the license of the Monster trademark and logos with respect to the manufacture, design, distribution, and sale of certain memory data storage products;

 

C.On July 7, 2010, April 4, 2012 and August 18, 2015 Licensor and SDJ effected Amendment No. 1, Amendment No. 2 and Amendment No. 3, respectively, to the Original License Agreement to further define the aforementioned granting of rights (“Amendment No. 1”, “Amendment No. 2” and “Amendment No. 3”) (the License Agreement and Amendment Nos. 1, 2 and 3 are collectively referred to as the “Original License Agreement”);

 

D.Each of Parties wish to amend Exhibit “B” to the Original License Agreement to expand the scope of what may be sold under the License to include action sports cameras and Cable Memory;

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NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

 

 

 

 

 
 

 

 

1. Exhibit B of the Original License Agreement is deleted and replaced by the following:

 

 

EXHIBIT B

 

LICENSED PRODUCTS

 

DRAM Modules

USB Flash Drives

Flash Based SD, M2, MicroSD, CF, ProDuo, card products

Inernal Power Supplies for pc’s

Hybrid Drives

Action Sports Cameras

Cable Memory

 

 

 

 

 

 

 

 

 

(signature page on following page)

 

 

 

 

 

 

 

 

 

 

 

CONFIDENTIAL
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IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment No. 4 as the day and year first above written.

 

  LICENSOR:
  Monster, Inc.
   
  By: /s/ Ajay Vadera
  Name: Ajay Vadera
  Title: Chief Financial Officer
  Date:                                      
   
 

SDJ:

 

 

  SDJ TECHNOLOGIES, INC.
   
  By: /s/ Vivek Tandon
  Name: Vivek Tandon
  Title:                                  
     
 

PARENT:

 

  TANDON DIGITAL, INC.
   
  By: /s/ Vivek Tandon
  Name: Vivek Tandon
  Title:                                      

 

 

CONFIDENTIAL
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