Jamba Juice 2007 Annual Report Download - page 175

Distributor agrees and acknowledges that all intellectual property rights (defined as any rights under patent, copyright, trade secret, or similar laws throughout
the world) arising or created in connection with this Agreement (“JJC IP”) shall be assigned to and become the sole property of JJC. Distributor irrevocably
transfers and assigns to JJC, and agrees to irrevocably transfer and assign to JJC, all right, title and interest in and to the JJC IP. At JJC’s request and expense,
during and after the term of this Agreement, Distributor will assist and cooperate with JJC in all respects, and will execute documents, and will take such
further acts reasonably requested by JJC to enable JJC to acquire, perfect, maintain and enforce JJC’s intellectual property rights in and to the JJC IP.
Distributor hereby appoints the officers of JJC as Distributor’s attorney-in-fact to execute documents on behalf of Distributor for this limited purpose.
Distributor also irrevocably transfers and assigns to JJC, and agrees to irrevocably transfer and assign to JJC, and waives and agrees never to assert, any and
all “moral rights” that Distributor may have in or with respect to the JJC IP, even after termination of this Agreement.
20. REPORTS
The Distributor and JJC agree to work toward developing a mutually acceptable method for providing electronic transmission of data among stores,
Distributor, JJC’s Franchisee’s Office, and JJC’s Corporate Office. Until such time as electronic systems are fully functioning, and upon request, the
Distributor will provide JJC with the following management reports.
Reports to include:
1. Monthly sales and usage reports by item for all JJC Stores
2. Monthly price (bid) file for all Products
3. Monthly report indicating Performance to established Jamba Metrics
• On Time Delivery
• Deliveries without complaint
• Unit Fill Rates: Critical & Non-critical
• Perfect Order Rate
• Inventory Accuracy
4. Monthly Inventory on-hand and valuation report.
5. Quarterly Drop Size Report—average number of cases delivered per store, per week.
6. Weekly promotional inventory tracking reports 7. Slow Moving / Obsolete Inventory reports
21. QUALITY ASSURANCE
The Distributor shall meet current minimum requirements for all local, state and federal quality assurance regulations and must adhere to Jamba’s Standard
Operating Procedures as it relates to vendor approval and compliance. The Distributor must complete a DCQE (Distribution Center Quality Evaluation) as
provided by JJC and satisfy all criteria outlined in said document. The Distributor must currently practice and enforce full GMP’s (Good Manufacturing
Practices) and have a HACCP program. Programs shall be in place to ensure high standards for pest control, temperature control, and handling procedures
including receipt of Product, storage, transportation and rotation. The Distributor must have outlined a full recall program in the event
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