License Grant

The Licensor grants to Licensee a non-exclusive, non-transferable license, during the Term and at Licensee’s sole expense, to design, develop, source and manufacture Licensed Products and Packaging Materials in any Permitted Sourcing Country and offer for sale, distribute and sell Licensed Products to Authorized Customers in the Territory.

License Property

Licensed Material means Creative Works, Trademarks and Licensor Design Elements. Creative Works means depictions of characters and such accompanying designs and artwork, as may be designated by the Licensor from the Properties specified.

Characters from the animated motion picture BIG HERO 6
Characters from the animated television series CAPTAIN JAKE AND THE NEVER LAND PIRATES (formerly known as JAKE AND THE NEVER LAND PIRATES), but only such characters and depictions of such characters, and accompanying artwork, designs, and/or other elements, as may be designated by Disney in a Style Guide(s) or otherwise.

Jake and the Never Land Pirates (also known as Captain Jake and the Never Land Pirates in the fourth season and associated merchandise) is an Annie Award-winning musical and interactive animated television series shown on Disney Junior.

Field of Use

Licensed Products: Flavored/functional waters, as approved in writing in advance by the Licensor.

Licensee agrees to actively market and sell Licensed Products and exercise the rights granted to it under a License Agreement.

Royalty rate description

Royalty Rate(s):

1.   Landed/In Sales:    Five percent

2.   FOB/Out Sales:    Seven percent

3.   FOB/Out Sales through Wholesalers:  An additional four percent shall be added to the Royalty Rates for all FOB/Out Sales through Wholesalers, if authorized.

License Grant

The Licensing Agreement allows the Licensee to feature popular characters on AquaBallTM Naturally Flavored Water, allowing AquaBallTM to stand out among other beverages marketed towards children.

License Property

AquaBall™ bottles will continue to be sold featuring Marvel's Avengers Assemble characters, including Iron Man, Hulk, Captain America and Thor.

Under the terms and conditions of the Licensing Agreement, the Licensee works with the Licensor team to create colorful, eye-catching labels that surround the entire spherical shape of each AquaBallTM.  

Once the label designs are approved, the Licensee works with  the Licensor to set retail calendars, rotating the placement of different AquaBallTM designs over the course of the year.

Field of Use

The rights granted apply to the beverage industry.

Royalty rate description

The terms of the Marvel Licensing Agreement stipulates a royalty rate of 5% on the sales of AquaBall Naturally Flavored Water adorned with Marvel characters, paid quarterly, with a total royalty guarantee of $150,000 over the term of the agreement which has a term ending date of December 31, 2013.

License Grant

The Licensee entered into a three-year licensing agreement with the Licensor.

License Property

The Licensing Agreement allows us to feature popular Disney characters on AquaBallTM Naturally Flavored Water, allowing AquaBallTM to stand out among other beverages marketed towards children.

Field of Use

Under the terms and conditions of the Licensing Agreements, the Licensee works with the Licensor team to create colorful, eye-catching labels that surround the entire spherical shape of each AquaBallTM.  Once the label designs are approved, Licensee works with Licensor to set retail calendars, rotating the placement of different AquaBallTM designs over the course of the year.

Royalty rate description

The terms of the Disney Licensing Agreement stipulates a royalty rate of 4% on the sales of AquaBall Naturally Flavored Water adorned with Disney characters, paid quarterly, with a total royalty guarantee of $231,600 over the term of the agreement which has a term ending date of March 31, 2015.

In addition, the Licensee is required to spend 1% of sales on advertising and promotional opportunities.

The Licensee is required to make common marketing fund contributions totaling $96,188 over the life of the agreement.

License Grant

With the original agreement, the Licensee entered into a three-year licensing agreement with the Licensor. The Licensing Agreement allows the feature popular characters on Licensees Flavored Water.

License Property

The Licensor owns the rights to the characters.

Field of Use

The Licensee works with the Licensor team to create colorful, eye-catching labels for beverages.  Once the label designs are approved, Licensee works with Licensor to set retail calendars, rotating the placement of different designs over the course of the year.

Royalty rate description

The Company will continue to pay Disney a royalty rate of 5% on sales of AquaBall® Naturally Flavored Water adorned with Disney characters on a quarterly basis.

In addition, the Company will continue to make a common marketing fund contribution equal to 1% of sales due annually during the term covered by the Disney Agreement.