- 4 - as the back-end business, i.e., to existing customers. Since around 1989 until a date not established by the record in this case, Vita Industries, Inc. (Vita), which was incorpo- rated in January 1989, was one of the Braswell sales corporations and also provided to the other Braswell sales corporations certain unspecified management services and other services not established by the record herein.5 Beginning in 1993, Vita entered a winding-down stage during which its activities were limited primarily to collecting its receivables and paying its liabilities and expenses. In October 1992, Vita entered into an agreement with Cam- paign Media Corporation (CMC), which was wholly owned by Chase Revel (Mr. Revel) at the time that agreement was executed. (We shall refer to that agreement as the Vita-CMC agreement.) The Vita-CMC agreement, which was in force until sometime in 1996, was to be binding on and inure to the benefit of the legal representatives, successors, and assigns of CMC and Vita. Pursuant to that agreement, CMC agreed to create advertising material to promote Vita’s products and any other products that Vita designated. In return, Vita agreed “to pay CMC royalties of 5% of the gross sales (less refunds, credit card chargebacks and sales taxes) generated by any advertising material created by 5It is not clear from the record whether Vita provided such services to other Braswell companies.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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