- 5 - CMC.” Vita further agreed to pay said royalties to CMC within 10 working days after the end of the first week said advertising mate- rials generate sales and continue to pay said royalties on a weekly basis thereafter. In order to determine the amount of royalties payable under the Vita-CMC agreement, that agreement required Vita to provide a list of the sales sources and gross sales for each source along with each royalty payment. Said sales sources shall be defined as “key codes” for direct mail and space advertisements and 800 [tele- phone] number assignments. Gross sales upon which royalties were payable under the Vita-CMC agreement were determined by using the data processing system employed by the Braswell sales corporations in order to track gross sales by means of product codes as well as media codes that appeared on the advertising material that CMC created for Vita’s products and other products designated by Vita. Mr. Revel concluded shortly after the Vita-CMC agreement was executed that Mr. Braswell was not the type of individual who involved himself in the bookkeeping and accounting operations of the Braswell companies. Consequently, whenever Mr. Revel had any questions under the Vita-CMC agreement about the royalty payments made to CMC thereunder, he addressed those questions to the employees working in the bookkeeping, sales, and/or accounting departments of those Braswell companies who compiled the figures needed to determine the royalties due CMC under the Vita-CMC agreement.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011