Nautilus 2000 Annual Report Download - page 64

include but are not limited to acts of God, of the public enemy or of civil or military authority, unavailability of energy resources, system or
communication failure, delay in transportation, fires, strikes, riots or war. In the event of any force majeure occurrence, the disabled party shall
use its best efforts to meet its obligations as set forth in this Agreement.
Section18.Limited License. Merchant hereby authorizes Household for purposes of this Agreement to use Merchant's name, logo, registered
trademarks and servicemarks (if any) and any other proprietary designations ("Proprietary Materials") on the Cards, Applications, periodic
statements, billing statements, collection letters or documents, promotional or advertising materials and otherwise in connection with the
Program, subject to Merchant's periodic reasonable review of such use and to such reasonable specifications of Merchant. Merchant represents
and warrants that it has obtained appropriate federal and state trademark registrations to protect its interest in the use and ownership of the
Proprietary Materials. Merchant shall, indemnify, defend and hold Household harmless from any loss, damage, expense or liability arising from
any claims of alleged infringement of the Proprietary Materials (including attorneys' fees and costs). Merchant may not use any name or service
mark of Household or any of its Affiliates in any manner without the prior written consent of Household.
Section19.Confidentiality. Merchant will keep confidential and not disclose to any person or entity (except to employees, officers, partners or
directors of Merchant who are engaged in the implementation and execution of the Program) all information, software, systems and data, that
Merchant receives from Household or from any other source, relating to the Program and matters which are subject to the terms of this
Agreement, including, but not limited to, Cardholder names and addresses or other Account information, and shall use, or cause to be used,
such information solely for the purposes of the performance of Merchant's obligations under the terms of this Agreement. Household will keep
confidential and not disclose to any person or entity (except employees, officers, agents or directors of Household, its subsidiaries or affiliates
who are engaged in the implementation and execution of the Program) any information that Household receives from Merchant which is
designated confidential by Merchant. In the event Household sells or assigns the Accounts or any portion of the Accounts under the Program,
Household may disclose any information under this provision reasonably necessary or required to effectuate such sale or assignment. The
provisions of this Section19 shall survive the termination of this Agreement.
Section20.Additional Products& Services. Household and/or any of its Affiliates may at any time, whether during or after the term of this
Agreement and whether the Accounts are owned by Household, solicit Cardholders for any other credit cards or other types of accounts or
financial products or insurance services offered by Household and/or any of its Affiliates.
Section21.Notices. All notices required or permitted by this Agreement shall be in writing and shall be sent to the respective parties; if to
Household, to the Attention of President (with a copy to the Attention of General Counsel, HRS Law Department 2700 Sanders Road, Prospect
Heights, IL 60070); if to Merchant, to the Attention of General Counsel, Direct Focus,Inc. 2200 NE 65th Avenue, Vancouver, WA 98661, or
such other addresses as each party may designate to the other by notice hereunder. Said notices shall be deemed to be received when sent to the
above addresses (i)upon three (3)Business Days after deposit in the U.S. first class mail with postage prepaid, (ii)upon personal delivery, or
(iii)upon receipt by telex, facsimile, or overnight/express courier service or mail.
Section22.Amendments and Supplementary Documents. Household may amend this Agreement upon ten (10)days prior notice to Merchant if
such modification is reasonably determined by Household to be required by any state or federal law, rule, regulation, governmental or judicial
order, opinion, interpretation or decision. Reference herein to "this Agreement" shall include any schedules, appendices, exhibits, and
amendments hereto. Any amendment or modification to this Agreement must
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2002. EDGAR Online, Inc.