G.B. Data Systems, Inc. - Page 5




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          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.                                                                    





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Last modified: May 25, 2011