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Royalty Based Patent License Agreement

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Royalty Based Patent License Agreement Powered By Docstoc
					                                                                                                                                                                            WeHoP Supplier
                                                             Selecta 2008-2009 Rooted Cutting Pricing                                                                          800-669-6480
                                                                                              Volume / EOD                                                                Fax# 360-681-0214

                                                                                           10,100-                        25,100-                       50,100-
                                      400-10,000      400-10,000           10,100-                 1      25,100-                 1     50,100-                   1               Available -
Standard Rooted Cutting                      1           1       2                  1   25,000 Net +               1   50,000 Net +               1   200,000 Net     Royalty
                                         Net          Net + EOD          25,000 Net             2       50,000 Net             2      200,000 Net              2
                                                                                                                                                                                    weeks
                                                                                            EOD                            EOD                           + EOD
Bidens                                                                                                                                                                $0.040         49 -19
Calibrachoa                                                                                                                                                           $0.050         49 -19
Calibrachoa 'MiniFamous™ Double'                                                                                                                                      $0.080         49 -19
Lobelia                                                                                                                                                               $0.040         49 -19
                                          $0.400        $0.388             $0.388          $0.376         $0.376          $0.365        $0.364           $0.353
New Guinea Impatiens                                                                                                                                                  $0.040         49 -19
Petunia                                                                                                                                                               $0.040         49 -19
Sanvitalia                                                                                                                                                            $0.040         49 -19
Verbena                                                                                                                                                               $0.040         49 -19
Angelonia                                                                                                                                                             $0.040         49 -19
Argyranthemum                                                                                                                                                         $0.040         49 -19
Euryops                                                                                                                                                               $0.040         49 -19
Heliotrope                                                                                                                                                            $0.040         49 -19
                                          $0.420        $0.408             $0.408          $0.395         $0.395          $0.383        $0.383           $0.371
Nemesia 'Serengeti®'                                                                                                                                                  $0.050         49 -19
Osteospermum 'FlowerPower™'                                                                                                                                           $0.050         49 -19
Osteospermum 'Kenai™' & 'Zion™'                                                                                                                                       $0.050         49 -19
Scaevula                                                                                                                                                              $0.040         49 -19
Bracteantha                                                                                                                                                           $0.040         49 -19
Gaura                                                                                                                                                                 $0.040         49 -19
                                          $0.440        $0.427             $0.427          $0.413         $0.413          $0.401        $0.400           $0.388
Nemesia 'Elph™'                                                                                                                                                       $0.040         49 -19
Sutera                                                                                                                                                                $0.040         49 -19
Begonia                                                                                                                                                               $0.080         49 -19
Convolvulus                                                                                                                                                           $0.040         49 -19
                                          $0.453        $0.440             $0.440          $0.427         $0.427          $0.413        $0.412           $0.400
Diascia                                                                                                                                                               $0.040         49 -19
Nierembergia                                                                                                                                                          $0.040         49 -19
Dianthus caryophyllus                     $0.520        $0.504             $0.504          $0.489         $0.489          $0.475        $0.473           $0.459       $0.050         49 -19
Pelargonium Ivy & Zonal                   $0.653        $0.633             $0.633          $0.615         $0.615          $0.596        $0.595           $0.577       $0.040         49 -19
All products can be mixed for volume pricing . All products ship from Utah. Sold 100 / Shipped 102.
1
 Pricing will be based on last seasons volume overall products, brokers, and product forms or a specific quote.
NEW CLIENTS: Orders per customer must be submitted all at once for volume pricing or following a specific quote.


                                                                                        Standard RC Program
                                                                     2
Minimum / Multiple per Variety:                100                       = Early Order Discount (EOD)
Minimum per Order / Shipment for
                                               400
Geraniums:                                                           The EOD applies to all orders booked until
Minimum per Order / Shipment for                                     September 30, 2008.
                                               400
all other products:
Price per Label delivered             $       0.025

     Effective June 1, 2008-May 31, 2009
     PRICES SUBJECT TO CHANGE WITHOUT NOTICE                                                                                                                                             1
                                                                                                                                                                            WeHoP Supplier
                                                              Selecta 2008-2009 Rooted Cutting Pricing                                                                         800-669-6480
                                                                                              Volume / EOD                                                                Fax# 360-681-0214

                                                                                           10,200-                        25,200-                       50,200-
                                       800-10,000     800-10,000           10,200-                 1      25,200-                 1     50,200-                   1               Available -
MiniRooter™                                   1          1       2                  1   25,000 Net +               1   50,000 Net +               1   200,000 Net     Royalty
                                          Net         Net + EOD          25,000 Net             2       50,000 Net             2      200,000 Net              2
                                                                                                                                                                                    weeks
                                                                                            EOD                            EOD                           + EOD
Bidens                                                                                                                                                                $0.040
Calibrachoa                                                                                                                                                           $0.050
Calibrachoa 'MiniFamous™ Double'                                                                                                                                      $0.080
Diascia                                                                                                                                                               $0.040
Lobelia                                                                                                                                                               $0.040
Nemesia 'Elph™'                                                                                                                                                       $0.040
                                          $0.360        $0.349             $0.349          $0.339         $0.338          $0.328        $0.328           $0.317                      49 - 15
Nierembergia                                                                                                                                                          $0.040
Petunia                                                                                                                                                               $0.040
Sanvitalia                                                                                                                                                            $0.040
Scaevula                                                                                                                                                              $0.040
Sutera                                                                                                                                                                $0.040
Verbena                                                                                                                                                               $0.040
All products can be mixed for volume pricing. All products ship from Utah. Sold 200 / Shipped 200. 2-for-1 items are stuck with 1 cutting per cell.
1
 Pricing will be based on last seasons volume overall products, brokers, and product forms or a specific quote.
NEW CLIENTS: Orders per customer must be submitted all at once for volume pricing or following a specific quote.
Please submit Minirooter orders on a separate purchase order
                                                                                        MiniRooter™ Program
                                                                     2
Minimum / Multiple per Variety:                200                       = Early Order Discount (EOD)
Minimum per Order / Shipment:                  800                   The EOD applies to all orders booked until
Price per Label delivered             $       0.025                  September 30, 2008.




     Effective June 1, 2008-May 31, 2009
     PRICES SUBJECT TO CHANGE WITHOUT NOTICE                                                                                                                                             2
                                                                                                                                                                                      WeHoP Supplier
                                                                        Selecta 2008-2009 Rooted Cutting Pricing                                                                         800-669-6480
                                                                                                       Volume / EOD                                                                 Fax# 360-681-0214

                                                                                                    10,100-                        25,100-                        50,100-                   Available -
                                             2,000-10,000      2,000-10,000         10,100-                 1      25,100-                 1     50,100-                    1
TrixiLiner™                                          1             1      2                  1   25,000 Net +               1   50,000 Net +               1    200,000 Net     Royalty     weeks (odd
                                                 Net            Net + EOD         25,000 Net             2       50,000 Net             2      200,000 Net               2
                                                                                                     EOD                            EOD                            + EOD                    weeks only!)
TrixiLiner™ #1 Raspberry Parfait                                                                                                                                                               49 - 15
TrixiLiner™ #2 Spring Valley                                                                                                                                                                   49 - 15
TrixiLiner™ #3 Caribbean Cocktail                                                                                                                                                              49 - 15
TrixiLiner™ #4 Sweet Candy                                                                                                                                                                     49 - 15
TrixiLiner™ #5 Sunset                                                                                                                                                                          49 - 15
                                                 $1.027            $1.007           $1.007          $0.987         $0.985            $0.965         $0.965          $0.945      $0.100
TrixiLiner™ #6 Sunrise                                                                                                                                                                         49 - 15
TrixiLiner™ #7 Cotton Candy                                                                                                                                                                    49 - 15
TrixiLiner™ #8 Twinkle Star                                                                                                                                                                    49 - 15
TrixiLiner™ #9 Ayers Rock                                                                                                                                                                      49 - 15
TrixiLiner™ #10 Blueberry Parfait                                                                                                                                                              49 - 15
All products can be mixed for volume pricing. TrixiLiner™ ship from Utah or Pennsylvania. Sold 72 / Shipped 72. 2-for-1 items are stuck with 1 cutting per cell.
Due to the nature of the product it may happen that up to 10% are delivered with 2 cuttings per cell. This was considered in the price calculation and is within our product specs.
1
 Pricing will be based on last seasons volume overall products, brokers, and product forms or a specific quote.
NEW CLIENTS: Orders per customer must be submitted all at once for volume pricing or following a specific quote.
Please submit TrixiLiner orders on a separate purchase order
                                                                                                 TrixiLiner™ Program
                                                                              2
Minimum / Multiple per Variety:                           72                      = Early Order Discount (EOD)
Minimum per Order / Shipment:                          288                    The EOD applies to all orders booked until
Price per Label delivered                    $       0.025                    September 30, 2008.


Selecta First Class Rooting Facilities for TrixiLiner™
Sunshine Greenhouses is located in sunny Provo, UT and will supply the Western U.S. with TrixiLiner™.
Gro 'n Sell is located in Chalfont, PA and will supply the Eastern U.S. with TrixiLiner™.


Selecta First Class Rooting Facility (all products except TrixiLiner™)
Sunshine Greenhouses, the Selecta First Class rooting station, is located in sunny Provo, UT.
The dedicated team and the high light conditions in winter are responsible for great quality and energy-charged rooted cuttings


Freight Rates
                       nd
We will ship FedEx 2        Day as our standard shipping method if not advised differently.
                All Zones                   FedEx5 2nd Day FedEx5 Standard Overnight                                       All Zones           FedEx5 2nd Day FedEx5 Standard Overnight
Spring Annuals per standard RC               $      0.140 $                    0.225                            MiniRooter™ per RC              $      0.075 $                    0.120
Geraniums per standard RC                    $       0.155     $                         0.250                  TrixiLiner™ per RC              $       0.215   $                   0.345
5
    = All freight charges are subject to change without notice.




        Effective June 1, 2008-May 31, 2009
        PRICES SUBJECT TO CHANGE WITHOUT NOTICE                                                                                                                                                    3
                                                                                                                                                                                    WeHoP Supplier
                                                                      Selecta 2008-2009 Rooted Cutting Pricing                                                                         800-669-6480
                                                                                                                                                                                  Fax# 360-681-0214




Truck Delivery - Limited Availability!
Sunshine: For the Utah, Idaho and South California area only, Grower Truck is subject to availability! Please ask for the Sunshine Greenhouse Grower Truck Freight Rates for 2008/09.
Box charge for all shipments on customer account and Truck Delivery (if applicable)
Per Box                                         $8.50


Labels (Size = MT 440)
First Class labels are optional but will ship with every order (the default is one stick label per URC) if not advised differently.
Ratios are strongly recommended for basket and larger container production. Ratio will apply to the entire order!
Please indicate on every order if fewer or no labels are required (minimum / multiple per variety is 100).
The default tag will be the MT440 color picture stick tag by Mastertag. Labels ship directly from the label manufacturer (Mastertag) via FedEx-Ground.
Returned labels will be charged with a 25% re-stocking fee!


Order cut-off times / Cancellation policy
RC orders require a 7-week lead time. No cancellations will be accepted within 7 weeks of shipping for RC.
Cutoff time for all order changes, including cancellations, is Thursday 7 weeks prior to the desired shipping week (e.g., Thursday week 1 for shipping week 8).
Last Minute Orders (additions only) can be placed until Tuesday 6 weeks before shipping (e.g., Tuesday week 2 for shipping week 7) but are subject to availability and the order received.


Terms of payment
All product prices are FOB production center, per URC and in USD. Freight, labels, shipping & handling and other service fees are charged separately.
Billing for cuttings will be at the time of shipping and will include separate line item charges for the cost of cuttings, royalty, freight, labels, and surcharges.
All shipping charges are subject to change without notice.


Surcharges
A certification fee of $ 0.002 per cuttings will be added.


Claims - Limited Warranty
Recipient should inspect merchandise immediately upon receipt. Selecta First Class shall have no liability for any defect unless notice is given promptly, not to exceed 14 calendar
days after receipt of shipment. In cases of loss or damage due to transportation, and count problems, purchaser must obtain and forward a claim to Selecta First Class (via WeHoP)
within 7 calendar days of delivery. Concealed damage will get special allowance for time, depending on the nature of the problem. Please send claims with all necessary details and
images when available. Debit notes or deductions without a credit note issued by Selecta First Class will not be accepted.

It is necessary that Selecta First Class be provided prompt, detailed, and correct claim information so that we can address customer complaints quickly, completely, and equitably.
Without prompt notification and appropriate detail as to the nature and extent of the problem, Selecta First Class reserves the right to deny any claim.




      Effective June 1, 2008-May 31, 2009
      PRICES SUBJECT TO CHANGE WITHOUT NOTICE                                                                                                                                                    4
                                                                                                                                                                                            WeHoP Supplier
                                                                     Selecta 2008-2009 Rooted Cutting Pricing                                                                                  800-669-6480
                                                                                                                                                                                          Fax# 360-681-0214



2-for-1 Policy
      2-for-1 Policy = Selecta First Class, Inc. ships for selected products 2 cuttings per cutting ordered. Because of their natural habit, unrooted cuttings of the selected products are
somewhat fine. We require that customer use 2 cuttings per cell / pot. This will utilize the full potential of these varieties and result in a higher quality product. Products included in the
2-for-1 program may change. If cuttings are used / planted 1 per cell / pot, customers must inform us and will be responsible for the cost of full royalty. To arrange a payment, please
contact Selecta First Class, Inc., at 800-955-5644 or ROYALTY Administration International C.V. (RAI).


Self-Propagation & Licensing Information
Only Selecta First Class, Inc. Pelargonium x hortorum / Peltatum (Geranium), New Guinea Impatiens, Osteospermum ecklonis, and Sutera grandiflora (Bacopa) varieties are available
for self-propagation with tip cuttings, excluding stock. A Self-Propagation License must be signed and returned before taking cuttings. Any cuttings taken from these plants must be
used for the production of finished/flowering products only (at least grown for 6 weeks in a 2-inch pot). Unlicensed sale of rooted or unrooted cuttings to any other company is strictly
prohibited. You may contact the ROYALTY Administration International C.V. (RAI) for further information and a license agreement.


Flowering-Only License Agreement
Propagation of any Selecta First Class, Inc., “patented” or “patent applied for” variety (excluding varieties listed above) is strictly prohibited. Plants sold, whether grown from rooted or
unrooted cuttings, shall only be sold as finished or pre-finished plants. Finished or pre-finished plants are plants grown at least 6 weeks in a pot of at least 2 inches in diameter. Self-
propagation and/or taking cuttings, as well as the unlicensed sale of rooted or unrooted cuttings to any other company or individual, are strictly prohibited. By opening the shipment,
you signify agreement with the terms and conditions of this Flowering-Only License.


ROYALTY Administration International C.V. (RAI) has been appointed as our agent in North America for the protection of Selecta First Class, Inc., "patented“ or "patent applied for“
varieties and Trademarks. Please contact RAI for the license agreements or any questions you may have. RAI reserves the right to inspect premises and plantings at any reasonable
time to ensure compliance with the terms of the agreements listed above.


ROYALTY Administration International C.V.
10175 Six Mile Cypress Parkway, Suite 3
Fort Meyers, FL 33912-6404
Phone: (800) 472-4724 / (239) 278-9917
Fax: (239) 278-4833
Email: info@rai-na.com




     Effective June 1, 2008-May 31, 2009
     PRICES SUBJECT TO CHANGE WITHOUT NOTICE                                                                                                                                                             5

				
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