This main distribution agreement (the “agreement”) is dated October 1. 2016 (the “effective date”). This agreement is between Core-Mark International, Inc. (`supplier`, and Admiral Petroleum Company (`customer`). In light of the following agreements and other good and valuable considerations whose adequacy is recognized here: The parties agree as follows: The Distributor accepts that a customer who is an affordable member of Sea Tow Services International Inc. (Sea Tow International) which uses products included in this Agreement and in accordance with Appendix A, according to Sea Tow Internationals and sea Tow`s current contract, along with all other documents covered by it, constitutes the full agreement between the parties involved in each case. Each of the parties to this agreement acknowledges that no promise, commitment, commitment or oral or written agreement has been made that is not embodied. IT IS THE INTENTION AND DESIRE OF THE PARTIES WHO HAVE EXTENDED THE PROVISIONS OF THIS AGREEMENT ARE NOT VARIATIONS OF IMPLIED ENK. Unless otherwise stated, all written or oral agreements reached so far between parties that are somehow related to the purpose of this agreement are expressly replaced and denounced by this agreement. Notwithstanding the provisions contained in this agreement, this agreement is not considered to have a replacement effect or other infringement, nor any security agreements as they were previously executed by the parties. Unless otherwise stated, this agreement cannot be amended, completed or amended unless it is amended, supplemented or amended by a written instrument signed by both parties. RK is committed to developing and managing a co-op advertising fund exclusively for the marketing and promotion of IGC products and services by the distributor or its customers.
RK will offer the distributor, at its sole discretion, other marketing or promotional support programs, including co-op advertising support, 2% certified advertising programs (2%) discounts on domestic advertising material and/or assistance for the duration of this agreement. Certified advertising programs are paid quarterly, advertising means are not used beyond each quarter. All advertising means must be used within 30 days from the end of the quarter, funds that are not used after the 30-day period expires are subject to cancellation. In return for this agreement and in return for exclusivity in the area/market granted, the distributor undertakes to comply with the guaranteed minimum annual purchase requirements of 6500 units of products for the first 14 months of the distribution contract and to achieve a 50% increase in sales between 2004 and 2005 for products (as defined in Schedule A). The distributor agrees that, at RK`s discretion, this could result in a loss of exclusivity on the part of the distributor in the territory/market granted to it. The choice to maintain exclusivity or modification of a non-exclusive agreement is RK`s only recourse to such a failure, and the election is conducted by RK OEM Relationships. All OEM (Original Equipment Manufacturer) relationships are negotiated on a case-by-case basis. All OEM-based marketing costs, distribution programs, product and service brand agreements, product configurations, service agreements, service partners, call center partners, data management and web services are negotiated by and between RK and the distributor, on the one hand, and the OEM on the other. In addition, the sharing of sales revenue resulting from an oem relationship established by RK is negotiated on a case-by-case basis with the distributor, and the order of distributors as a licensed distributor is exclusively included in the territory/market (as defined below).