An agreement between (name and address omitted) and (Company Represented by CE), (hereinafter referred to as “The Company”), by its agent Continental Enterprises, 1292 E. 91st Street, Indianapolis, Indiana 46240 (hereinafter referred to as “Continental”) and

WHEREAS, "The Company" has retained Continental to implement the investigation and resolution of trademark infringements involving the trademarks of "The Company" within the United States of America, and

WHEREAS, "The Company" has alleged that (name withheld) violated the trademark and related rights of "The Company" through its sale of merchandise that bears exact copies or confusingly similar replications of "The Company's" trademark and/or trade dress, representative copies are attached hereto and made part of this agreement as Exhibit A (hereinafter referred to as the “Merchandise”),

WHEREAS, (name withheld) does not agree with "The Company's" allegations and admits no wrongdoing, and

WHEREAS, all parties entered into this settlement agreement upon full consideration on (date omitted) (hereinafter referred to as the “Settlement Date”).

IT IS THEREFORE AGREED BY THE PARTIES AS FOLLOWS:

1. This agreement shall be construed as being under Indiana law and shall be interpreted as necessary under Indiana Law.
2. "The Company" has agreed to forego prosecution of (name withheld) past violations of its intellectual property involving the Merchandise and occurring prior to the Settlement Date.
3. (name withheld) represents and warrants that it has fully disclosed all of its possible infringements of "The Company's" Intellectual Property rights. (name withheld) further represents that it will not manufacture, distribute, advertise, or sell unlicensed merchandise that utilized the intellectual property of "The Company". Finally (name withheld) that it has provided Continental with the contact information for the manufacturer and/or supplier of the Merchandise.
4. Upon execution of this agreement, "The Company" releases and discharges (name withheld) and its respective officers, directors, agents, servants, employees, stockholders, insurers, attorneys and assigns from any and all civil actions, causes of actions, demands for damages on account of or in any way arising out of his past alleged infringement of "The Company's" trademark and related rights occurring prior to the Effective Date of this Release and involving the sale of the Merchandise.
5. This release does not apply to any persons or organization other than (name withheld) including, but not limited to, customers of (name withheld) that purchased the Merchandise from (name withheld) and resold the Merchandise.
6. This release does not apply to any of (name withheld)'s activities that involve items other than the Merchandise. Furthermore, this release does not apply to any activities that occur after the Settlement Date. "The Company" reserves the right to seek any and all legal remedies against (name withheld) or any other person or organization for actions other than the ones specified resolved in this document.
7. (name withheld) hereby also agrees that as consideration for this agreement, (name withheld) releases "The Company", Continental or their respective officers, directors, agents, servants, employees, stockholders, insurers, attorneys and assigns from any and all civil actions, causes of actions, clams, demands for damages on account of or in any way arising out of their efforts taken to resolving the alleged infringement.
8. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision