pTeroSol® supplied by Sabinsa is a patented ingredient, designed for nutritional and functional food market. Due to the unique properties of this ingredient and the language used in any patents, the Customer agrees to the following criteria, terms and conditions which Sabinsa and the Customer deem necessary to assure the protection of the intellectual property rights, identity and integrity of pTeroSol® in the marketplace.
With respect to any product or formulation containing pTeroSol®, the Customer agrees:
This agreement applies to all products containing pTeroSol® whether manufactured, sold, distributed or marketed by the Customer and/or others. Other than for use in manufacturing the Customer’s own product, the Customer shall not resell or supply pTeroSol® in the bulk raw material form, either directly or indirectly, to any third party. Sabinsa will supply only to the manufacturer. If the Customer is not the manufacturer, the Customer shall inform Sabinsa of the name and address of the customer’s manufacturer. If the Customer is a contract manufacturer, and supplies, but does not own or control, the finished product, the contract manufacturer shall inform its Customer to the terms and conditions of this agreement. A license agreement must be executed by each of the contract manufacturers Customers and Sabinsa.
Additionally, the Customer shall provide Sabinsa with a current or known future list of products containing pTeroSol®. Customer must update any additions and deletions to this list annually.
Use of pTeroSol® requires that the provisions of this agreement be understood and accepted by all those who use and market it. Sabinsa may refuse to supply or sell pTeroSol® to any person or entity who fails to honor this agreement; however, Customer will be given reasonable time to sell through inventory after receipt of written notification detailing the reasons for terminating this agreement. Sabinsa may also pursue any and all legal rights, remedies and recourse in the event of a breach of this Agreement.
This Agreement is binding upon the Customer, its successors and assigns. This Agreement shall be governed by, enforced under and interpreted in accordance with the laws of The State of New Jersey, to which jurisdiction the parties, hereby, submit.
The following product(s) are submitted by the Customer for approval to include the ingredient pTeroSol®, according to the terms and conditions of the Trademark License Agreement. Please indicate the brand and product trade name.
Name of Marketing Company ______________________________________________________________________________
Name and address of Manufacturing Company (if different from Marketing Company): _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________ _____________________________________________________________________________________________________________
ACCEPTANCE OF AGREEMENT BY AUTHORIZED REPRESENTATIVE:
Company / Customer ______________________________________________________________________________________
Name / Title (please print) _________________________________________________________________________________
Signature ________________________________________ Date ____________________________________________________
Name / Title (please print) ___________________________________________________________
Signature ________________________________________ Date ______________________________
Any product overview was written for the sole purpose of giving a brief history along with educational insights into the product listed above. It is not designed, in whole or in part, as advice for self-diagnosis or self-treatment and should not be construed as such.
These statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, mitigate, or prevent any disease.