Endorsement Agreement
| Expiration Date | 31 December 1998 |
| Date | 01 January 1996 |
| Parties | Teardrop Putter Corporation ("TPC"), Consolidated Artists Inc. ("Consolidated Artists") |
| Section | Commercial Contracts |
EXHIBIT 10.12
ENDORSEMENT AGREEMENT
This Endorsement Agreement is made and entered into this first (1st)
day of January, 1996, by and between Teardrop Putter Corporation having its
principal office at 207 WatersEdge, Shelter Cove, Hilton Head Island, South
Carolina 29928 (hereinafter referred to as "TPC"), and Consolidated Artists
Inc., Sommerville House, Phillips Street, St. Helier, Jersey JE1 1DE, Channel
Islands, British Isles (hereinafter referred to as "Consolidated Artists").
WITNESSETH:
WHEREAS, Brett Ogle (hereinafter referred to as "Ogle") is recognized
and widely known throughout the world as an expert golfer; and
WHEREAS, Ogle's name, by virtue of his ability and extensive experience, has
acquired a secondary meaning in the mind of the purchasing public important to
the advertisement, promotion and sale of golf putters; and
WHEREAS, TPC is engaged in the manufacture, distribution and sale of golf
putters, and is desirous of acquiring the exclusive right to utilize Ogle's name
in connection with the advertisement, promotion and sale of the Teardrop Putter;
and
WHEREAS, Consolidated Artists holds all rights to and in Ogle's name and
endorsement for purposes of this Agreement; and
WHEREAS, Consolidated Artists being exclusively entitled to such rights
within the Contract Territory (as hereinafter defined)
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has agreed to authorize such use upon the terms and conditions hereinafter
contained;
NOW, THEREFORE, for and in consideration of the premises and mutual
covenants herein set forth and for other good and valuable consideration, it is
agreed as follows:
1. DEFINITIONS: As used herein, the terms set forth below shall be
defined as follows:
(a) "Ogle Endorsement" shall mean the name, likeness, photograph, and
endorsement of Ogle.
(b) "Endorsed Product" shall mean a putter manufactured, distributed,
promoted, advertised and sold by TPC bearing the "Teardrop
Putter" name and/or logo.
(c) "Contract Territory" shall mean the entire world.
(d) "Contract Period" shall mean that period of time commencing
January 1, 1996, and concluding December 31, 1998, unless sooner
terminated in accordance with the terms and conditions hereof.
(e) "Contract Year" shall mean that twelve (12)month period of time
commencing each first (1st) day of January throughout the
Contract Period.
(f) "Major Tournament" shall mean any of the following tournaments:
the Masters, the U.S. Open, the British Open and the PGA
Championship.
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(g) "PGA Tour Tournament" shall mean PGA Tour tournaments, excluding
the Major Tournaments.
(h) "International Tournament" shall mean European PGA Tour
tournaments (excluding the British Open),Japan PGA Tour
tournaments and Australian PGA Tour tournaments.
2. OGLE TO USE ENDORSED PRODUCT. Consolidated Artists agrees to cause
Ogle to use the Endorsed Product during the Contract Period and throughout the
Contract Territory whenever he is playing competitive golf or otherwise
participating in golf clinics and outings.
3. GRANT OF ENDORSEMENT RIGHTS. Subject to the terms and conditions set
forth herein, Consolidated Artists grants to TPC the exclusive right and
license, within the Contract Territory and during the Contract Period, to use
the Ogle Endorsement in connection with the manufacture, distribution,
advertisement, promotion and sale of the Endorsed Product.
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