Kiss signed assignment of copyrights agreement with Aucoin Management

WHEREAS, AUCOIN is presently under contract as the sole and exclusive manager of “KISS” and, pursuant to the agreements and understandings between the parties, AUCOIN has sought to promote, protect and enforce the intellectual property rights of “KISS”, including recording rights, service and trademarks and copyrights; and

WHEREAS, the phenomenal success of “KISS” has resulted in imitators and counterfeiters of the name and commercial likeness of “KISS” and infringement of their copyrights and trademarks, and, the parties desire AUCOIN to stop such infringement of their rights;
NOW, THEREFORE, in consideration of the continued management and representation of “KISS” by AUCOIN and the promises herein set forth, the parties agree, as follows:

1. “KISS”, individually and collectively as members of the group, agree to and do hereby exclusively license and assign to AUCOIN, including the right to sublicense others, all right, title and interest in and to the following:

A. The right of publicity and privacy as defined by statutory and common law, including without limitation the exclusive right to commercially exploit the name, image and likeness of “KISS”.

B. The right to publicize and commercialize in gross the name, image and likeness of “KISS”, including, without limitation, recording, concert and performance rights, photographic, recording and motion picture rights, premium items such as posters, tranfers and the like, items of clothing and apparel, toys, dolls and figurines, publication rights, such as books, records, comics and the like, and any other item, device or publication which may be endorsed by or include the name, image, likeness, trademark, service mark, logo or copyright of “KISS”.

C. All trademarks, service marks, logos, designs, copyrights, recording rights and the like, without limitation, presently owned or later acquired or associated with “KISS”, including the right to register ownership and title with the appropriate governmental agency in its own name.

2. AUCOIN has the exclusive right to bring suit against others, in its own name, to prevent continued infringement of the rights assigned and licensed in paragraph 1 above, including the right to license others and collect damages and royalties, although “KISS” agrees to cooperate fully with AUCOIN as necessary in such litigation, including joining such litigation as a party if the suit would otherwise be dismissed.

3. “KISS” agrees to cooperate fully with AUCOIN in the creation, promotion and protection of the intellectual property rights assigned and licensed above, including the execution of any documents which AUCOIN believes are necessary to perfect its title in such property, such as applications for registration of trademark, copyright and the like.

4. All income generated by AUCOIN in the commercial exploitation of the rights licensed and assigned in paragraph 1 above and all royalties, damages and the like collected by AUCOIN in any litigation filed pursuant to this Agreement shall be divided with “KISS” pursuant to the present management agreements as they may be revised from time to time.

5. AUCOIN agrees to approve personal endorsements of products by individual members of the group “KISS”, provided the personal endorsement agreement does not give any right or license to the name “KISS”, except as an identification of the individual, and the product endorsed meets the high standards of the group.

6. The exclusive license and assignments granted herein shall be subject to the management agreement between the parties, as it may be revised from time to time, and, upon termination of the management agreement, AUCOIN agrees to reassign to “KISS” and execute all documents which may be required by the management agreement.

The parties, by their signature below, agree to the provisions of this Agreement on the date given.