UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 8-K |
CURRENT REPORT
Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934
Date of Report (Date of earliest event reported) January 20, 2015___________________
VYSTAR CORPORATION____________________________
(Exact name of registrant as specified in its charter)
Georgia 000-53754 2027731____
(State or other jurisdiction of incorporation)
(Commission File Number)
(IRS Employer
Identification No.)
2484 Briarcliff Rd NE, #22, Suite 159, Atlanta, GA | 30329 |
(Address of principal executive offices) | (Zip Code) |
Registrants telephone number, including area code (866) 674-5238___
_________________________________________________________________________________________
(Former name or former address, if changed since last report.)
Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):
[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)
[ ] Soliciting material pursuant to Rule 14a- 12 under the Exchange Act (17 CFR 240.14a- 12)
[ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))
[ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))
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Item 1.01
Entry into a Material Definitive Agreement.
On January 20, 2015, the Company and Natures Home Solutions, LLC, a Massachusetts limited liability company (NHS), entered into a Distribution Agreement with respect to the distribution of foam furniture and bedding products manufactured with the Companys patented Vytex®NRL process.
The Agreement provides that NHS shall be the exclusive distributor in the United States for such products, subject to the payment of agreed upon minimum license fees and rebates to the Company, for a five (5) year term, which is renewable for three additional five (5) year terms.
The Agreement is attached to this Current Report on Form 8-K as Exhibit 10.1. Also attached are two press releases regarding the Agreement, one issued by the Company and one issued by NHS.
Item 9.01
Financial Statements and Exhibits.
| (d) | Exhibits |
10.1
Distribution Agreement dated January 20, 2015, between the Company and NHS.
99.1
Press Release issued by the Company on January 22, 2015.
99.2
Press Release issued by NHS on January 22, 2015.
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SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| VYSTAR CORPORATION |
January 22, 2015 | By: /s/ William R. Doyle________ William R. Doyle Chairman, President and Chief Executive Officer |
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DISTRIBUTION AGREEMENT
THIS DISTRIBUTION AGREEMENT (Agreement) made this 20th day of January, 2015, by and between Vystar Corporation, a Georgia corporation, having its mailing address at 2484 Briarcliff Rd., #22, Suite 159, Atlanta GA 30329 (the Company), and Natures Home Solutions, LLC, a Massachusetts limited liability company, having its principal office at 101 Aylesbury Road, Worcester, Massachusetts 01609 (the Distributor").
Recitals
WHEREAS, Vystar owns and licenses its intellectual property to manufacturers of Natural Rubber Latex (NRL) with Vytex NRL (the Licensed Technology);
WHEREAS, Vystars licensees sell the Vytex® NRL foam cores (the Cores) to manufacturers (the Manufacturers) of foam furniture and bedding products that use the Licensed Technology (the Products);
WHEREAS, such Manufacturers manufacture the final Products;
WHEREAS, Distributor desires to purchase the Products for distribution in the United States (the Territory);
NOW THEREFORE, in consideration of the mutual promises contained in this Agreement the parties agree as follows
1.
Appointment and Acceptance
a.
Subject to the qualification set forth below, the Company hereby appoints Distributor and Distributor accepts such appointment, as the exclusive Distributor for the Products in the Territory on the terms and conditions hereinafter set forth. Such Products may be sold under the Companys name or on an OEM basis. Distributor may appoint any sub-distributors or representatives for the sale of the Products.
b.
The Company hereby appoints Distributor and Distributor accepts such appointment as the non-exclusive Distributor for apparel products (threads) in the Territory that use the Licensed Technology.
c.
Notwithstanding the foregoing and subject to the below, in the event that the total license fees and rebates paid to the Company in any of the years as set forth below are less than the dollar amount set forth below for any of such years (the Minimum Fees and Rebates), the Company shall have the right to appoint another distributor(s) for the Products for the next succeeding year and for any year thereafter:
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(1)
18 months ended June 30, 2016 - $900,000
(2) 12 months ended July 1, 2017 - $990,000
(3)
12 months ended July 1, 2018 and thereafter ten percent increase from the prior 12 months
Notwithstanding the foregoing, in the event that the total license fees and rebates paid to the Company in any of the years as set forth below are less than the Minimum Fees and Rebates solely as a result of the failure of the Manufacturers (i.e., Islatex) to deliver sufficient Products to generate such Minimum Fees and Rebates, the Company shall not have the right to terminate Distributors status as exclusive Distributor in the Territory.
d.
All Products purchased by or sold by Distributor during the term of this Agreement shall be purchased under and subject to the terms of this Agreement.
e.
The Company hereby appoints William R. Doyle as its designee with respect to all matters related to this Agreement. Distributor hereby appoints Greg Rotman or Steven Rotman, as its designee with respect to all matters related to this Agreement. The Company shall be permitted to rely on either of Greg Rotman or Steven Rotman on any matters under this Agreement. In the event of resignation, termination of employment, death or disability of either such designee, each party shall appoint a substitute designee within 30 days of such event.
f.
Subject to the terms and conditions of this Agreement, the Company grants to Distributor a license to use the Companys trademarks set forth on Exhibit A hereto solely in connection with Distributors permitted marketing of the Products; provided that such use is in accordance with such usage guidelines as the Company may make available to Distributor from time to time, and that all uses must reference the Company as the owner of the Trademarks. Distributors rights under this Paragraph 1(d) shall terminate immediately upon any expiration or termination of this Agreement. Distributor agrees that its use of the trademarks shall not create in its favor any right, title or interest therein and acknowledges the Companys exclusive right, title and interest in the trademarks.
g.
The Company shall cause its licensees of the Licensed Technology to sell the Products in the Territory only to Distributor during the term of this Agreement. The Company shall advise Distributor regarding pricing and product development, and make industry introductions as reasonably. The Company shall facilitate introductions for marketing development and marketing purposes.
2.
Commission
2
a.
Within 30 days after receipt of Cores and/or Products in a Container by a Manufacturer, Distributor shall make one of the following payments to the Company (Container Commission):
(i)
Mixed Container (not shrink-wrapped)
$4,000.00
(ii)
Mixed Container (shrink-wrapped)
$8,000.00
(iii)
Pillows only (not shrink-wrapped)
$3,000.00
(iv)
Pillows only (shrink-wrapped)
$6,000.00
For purposes of this Agreement, a Container consists of a 40-foot high-cube shipping container filled to capacity with foam Products and/or Cores. For example, a full Container shall contain approximately 200 uncompressed mattress Cores and 3,500 uncompressed pillows. If a mixed Container is not filled to capacity and not compressed and is a 20-foot high-cube container, then the Container Commission shall be $2,000 per Container. In the event that any of the Cores or Products are rejected by a Manufacturer and do not conform to the purchase order, the Container Commission shall be reduced pro rata based on the percentage of Cores or Products so rejected.
b.
On the forty-fifth day after each calendar month, for the immediately prior calendar month, Distributor shall pay the Company a commission on all Products (including apparel (threads)) distributed, equal to a twenty percent (20%) of Net Sales less any Container Commission paid for the same calendar month. For purposes of this Section 2, Net Sales shall mean the revenue received (less any chargebacks, returns, rebates, etc.) less the cost of goods sold, less commissions (other than the Container Commission) and a 4% retention credit for Distributor, less general and administrative/fixed costs (including employee salaries and benefits), such as any monthly fees, bookkeeping, sales taxes, filings preparation and costs, professional fees and other similar fees. For any calendar month in which the Container Commission exceeds the Net Sales Commission, the Distributor shall be required to pay only the Container Commission.
c.
Distributor shall pay and collect all taxes related to sales to its customers.
d.
The Company may authorize Distributor to sell Products under any other name owned by Distributor or licensed to Distributor on an OEM basis, it being understood that such brand name shall be not be owned by the Company. In such event, Distributor represents and warrants the branding with respect to the Products offered for sale and sold shall comply with all applicable laws and regulations and procedures.
3.
Conduct of Business
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a.
Distributor shall maintain a sales office and shall use commercially reasonable efforts and devote such time as may be reasonably necessary to sell and promote the sale of the Products within the Territory. Distributor shall develop at its expense all marketing materials with the cooperation of the Company. Distributor agrees to submit for Company's approval any and all printed, audio and/or video-recorded materials, including, but not limited to, any printed text, pictures, or videotaped footage, that contain the Licensed Technology, Company's name, Vytex®NRL, trademark logo or service marks, photograph or Company's name, photograph, voice recording, videotaped image and or likeness, signature or biographical information, any statements, opinions and comments regarding Company or the Products (collectively referred to as ''Materials''). Distributor shall submit all Materials to Company for approval prior to dissemination of any Materials. Company's approval must be made in writing stating that the Materials have been reviewed and approved, if such is the case. If Company does not object to said Materials, in writing or by email, within five (5) business days after delivery to the Company, they shall be deemed to have approved the use of said Materials. Company's approval shall not be unreasonably withheld. Approval for one use shall be deemed approval for all.
b.
Distributor will conduct all of its business in its own name, website and in such manner it may see fit. Other than as expressly set forth herein, Distributor will pay all expenses and shall be responsible for the expenses of its employees.
c.
Distributor is and shall act as an independent contractor. Distributor, its agents and employees are not the representatives of the Company for any purpose, and they have no power to represent, act for, bind or otherwise create or assume any obligation on behalf of the Company for any purpose whatsoever.
d.
The Designees shall meet at least quarterly to discuss business operations.
e.
Each of the parties shall maintain accurate and complete records relating to its activities under the Agreement sufficient for the other party to determine compliance with the provisions of the Agreement, and shall retain such records for a period of three years after the calendar year in which such activities related. Each of the parties shall have the right (not more than once per calendar year), on its own or using an independent auditor or agent, upon ten (10) days prior written notice to the other party, to inspect, during normal business hours, other partys records to verify compliance by the other party with the terms of the Agreement. The parties agree to cooperate with each other in any such inspection. All costs of such audit shall be borne by the inspecting party; provided, however, that if any such audit reveals any material underpayment by such other party, the costs of such audit shall be borne by such other party.
4.
Limit of Remedy. In no event shall either party be liable for any incidental, consequential, or special damages of any kind or nature whatsoever, including but not
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limited to lost profits arising from or in any way connected with this Agreement or items sold hereunder, whether alleged to arise from breach of contract, express or implied warranty, or in tort, including without limitation, negligence, failure to warn or strict liability.
5.
Proprietary Information
a.
Distributor acknowledges that the processes used by the Company to develop and produce the Products or any other items involve confidential information and data of substantial value to the Company, which value would be impaired if said information and data were disclosed to third parties. Therefore, Distributor agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any confidential information and data revealed by the Company. The Company acknowledges that the processes used by Distributor to carry out this Agreement involve confidential information and data of substantial value to Distributor, which value would be impaired if said information and data were disclosed to third parties. Therefore, the Company agrees that it shall not use in any way for its own account or the account of any third party, nor disclose to any third party, any confidential information and data revealed by Distributor.
b.
The Company shall have no liability for infringement of any patents, trademarks, copyrights, trade dress, trade secrets or similar rights except as provided in this Paragraph 5(b). The Company will defend and indemnify Distributor, its manager, members, officers, affiliates, successors and assigns against allegations of infringement of U.S. patents, U.S. trademarks, copyrights, trade dress and trade secrets (hereinafter "Intellectual Property Rights") by the Products. The Company will defend at its expense and will pay the cost of any settlement or damages awarded in any action brought against Distributor, its manager, members, officers, affiliates, successors and assigns based on an allegation that an item sold pursuant to this contract infringes the Intellectual Property Rights of a third party. Distributor shall notify the Company within sixty (60 ) days after Distributor becomes aware of such allegations of infringement. The Company shall have sole control over the defense of any allegations or actions including all negotiations for settlement or compromise, and the Company shall receive all reasonable help and cooperation from Distributor. If Products sold hereunder are subject to a claim that it infringes the Intellectual Property Rights of a third party, the Company may, at its sole expense and option, procure for Distributor the right to continue using said item, replace or modify said item so as to make it non-infringing, or offer to accept return of said item, and return the purchase price less a reasonable allowance for depreciation. The foregoing provisions of this Paragraph 5(b) shall constitute the Company's sole and exclusive liability and Distributor's sole and exclusive remedy for infringement of Intellectual Property Rights.
6.
Termination
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a.
Unless sooner terminated as set forth in Paragraph 6(b) below, this Agreement will remain in force. This Agreement shall have a five (5) year term and shall renew automatically for three additional five-year periods unless the Distributor provides notice in writing at least thirty (30) days prior to the expiration of the term or any extension thereof of its intent to terminate.
b.
Notwithstanding subparagraph (a) above, in the event that any voluntary or involuntary petition or similar pleading under any section or sections of any bankruptcy act shall be filed by or against Distributor, or any voluntary or involuntary proceeding in any court or tribunal shall be instituted to declare Distributor insolvent or unable to pay its debts, then Company may immediately terminate this Agreement by giving Distributor or the Company, as the case may be, notice in writing to such effect. In the event of the bankruptcy or dissolution of the Company, Distributor shall continue to have the licenses and other rights set forth herein.
c.
Either party may terminate this Agreement upon the uncured material breach of the other party, provided that such other party shall have been given prior written notice of breach and an opportunity to cure for a period of at least 30 days.
d.
Any termination of this Agreement shall not affect either partys obligations under paragraphs 2, 4, 5, 6, 7, 8 and 9.
e.
Distributor shall have a reasonable sell off period of six (6) months after termination to sell any existing Products after which the Company shall purchase all such remaining goods for Distributors cause or at the Companys sole discretion otherwise grant Distributor an extension of time to permit Distributor to continue to sell the Products.
7.
Notices. Any notice required or permitted by this Agreement shall be sufficient if
delivered personally, by facsimile or if sent by either party to the other by overnight delivery, post prepaid, addressed to the other party at the address set forth below:
If to the Company:
William R. Doyle
Chairman and President
Vystar Corporation
2484 Briarcliff Rd., #22
Suite 159
Atlanta, GA 30329
If to Distributor:
Natures Home Solutions, LLC
101 Aylesbury Road
Worcester, Massachusetts 01609
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8.
Governing Law/Entire Agreement
a.
This Agreement shall be construed and the legal relations between the parties hereto determined in accordance with the laws of the Commonwealth of Massachusetts as a contract to be performed in the Commonwealth of Massachusetts. The terms and conditions set forth herein, together with any amendments, modifications and any different terms or conditions expressly accepted by an officer of the Company and Distributor in writing, shall constitute the entire Agreement concerning the items sold, and there are no oral or other representations or agreements which pertain thereto.
b.
Each of the parties acknowledges that it has entered into this Agreement in the Commonwealth of Massachusetts, and agrees that all actions or proceedings arising directly, indirectly or otherwise in connection with, out of, related to or from this Agreement shall, be litigated only in federal and state courts located in the Commonwealth of Massachusetts and the Company: (a) consents and submits to the in personam jurisdiction of any state or federal court located within the Commonwealth of Massachusetts; (b) waives any right to transfer or change the venue of litigation brought against the Company; and (c) acknowledges that it has appointed a registered agent, of which it will notify Distributor, to receive service of process in the Commonwealth of Massachusetts and that Distributor may serve the Company by written notice to the extent permitted by law and that service of process upon the registered agent, or by mail if allowed by law, shall be binding upon the Company.
9.
General
a.
The waiver of one breach or default hereunder shall not constitute the waiver of any subsequent breach or default. This Agreement may be executed in one or more counterparts, by facsimile or by original signature.
b.
Should any of the provisions of this contract be invalid, such invalidity
will not affect the validity of the remaining provisions. The parties agree that they will replace any invalid provision with a valid provision that comes closest to the economic effect of the invalid provision.
c.
No party shall assign this Agreement or any rights hereunder
without the prior written consent of the other party, provided that Distributor is authorized to appoint any sub-distributor or representative for the sale of the Products. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the respective parties hereto and their heirs, personal representatives, successors and assigns.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as an instrument under seal under the laws of the Commonwealth of Massachusetts as of the day and year first above written.
Distributor:
NATURES HOME SOLUTIONS, LLC
By: _/s/ Steven Rotman____________________
Steven Rotman, Manager
Company:
VYSTAR CORPORATION
By: __/s/ William R. Doyle_________________
William R. Doyle, Chairman and President
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Exhibit A
MARKS
Vystar®
Vytex®
Created by Nature. Recreated by Science®
Attached is the Vytex® Natural Rubber Latex Trademark Style Guide
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Rotmans Furniture CEO Launches Eco-Friendly Materials Distribution Firm
BOSTON, January 22, 2015 Steve Rotman, President and CEO of Rotmans Furniture, the U.S.s largest independent furniture retailer1, has launched Natures Home Solutions, LLC (NHS), a Boston-based distribution company devoted to identifying and bringing to market innovative, sustainably sourced, eco-friendly materials and components for use in the home furnishings, apparel, and other markets.
As a retailer, we recognize our customers increasingly want natural, sustainable, allergy-friendly furnishings for their homes that are healthy, environmentally responsible, and safe, stated Steve Rotman. Often products that meet those criteria dont exist or are hard to find, so we created Natures Home Solutions with the mission to seek out eco- and allergy-friendly, certified sustainable, high quality, durable materials and materials technologies and bring them to market.
Tomas Eisenberg will oversee business and operations for Natures Home Solutions. Tom is the founder of Global Bedding Connections, a bedding consulting firm, and previously was the Vice President of Strategic Marketing for Latex International, the worlds largest talalay manufacturer of latex mattresses and pillows.
Tom is ideally suited to lead Natures Home Solutions as his position will draw upon his successful leadership at posts in sales, marketing, operations, developing international and domestic distribution channels and direct-to-retail strategies at Latex International, said Rotman.
Eisenberg noted, Natures Home Solutions is ideally positioned to find innovative product solutions that manufacturers and retailers demand in their quest for pure, natural, environmentally responsible products. We will create strategic alliances with numerous suppliers and manufacturers that will enable access to natural materials and technologies in the apparel, furnishings, homegoods, bedding and other industries. They in turn can produce more environmentally-friendly components and products to be sold by retailers nationwide.
NHS aims to improve the environment across all industries. Its first step will be in the home furnishings industry. NHS has signed its first distribution agreement with Vystar Corp, (OTCBB: VYST), the manufacturer of Vytex Natural Rubber Latex. Vytex is a multi-patented, all-natural raw material that contains significantly reduced levels of non-rubber particles and proteins found in natural rubber latex. (See related Vystar distribution agreement release for full details).
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Rotman concluded, If we can help our fellow retailers and their manufacturing partners deliver healthier, natural products for consumers while protecting the rainforests and our environment, then Natures Home Solutions will have succeeded in its mission.
1 Rotmans Furniture was named the #1 independent US furniture retailer and the 11th furniture retailer nationwide by Home Furnishings Business Power 50 Retail Ranking.
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Contacts:
Media: Julie Shepherd, Accentuate PR, 847 275 3643, Julie@accentuatepr.com
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Vystar Corp. Awards Rotman-Eisenberg-led Natures Home Solutions Exclusive Distribution Rights for Eco-friendly Vytex® NRL Foam
BOSTON & ATLANTA, January 22, 2015 Vystar® Corp. (OTCBB: VYST) has entered an exclusive agreement with Natures Home Solutions (NHS), a new distribution company led by Steve Rotman and Tom Eisenberg, for U.S. distribution rights of Vystars Vytex® Natural Rubber Latex (NRL) foam. (see related NHS Launch Release) Natures Home Solutions is devoted to identifying and bringing to market innovative, sustainably sourced, eco-friendly materials and technologies for use in furnishings and other markets. NHS will have exclusive distribution rights to Vytex NRL foam for the U.S. furnishings, homegoods and other markets and non-exclusive distribution rights to Vytex NRL threads for the U.S. apparel industry.
Vytex is an all-natural raw material whose patented manufacturing processes remove the non-rubber particles and allergen-causing latex proteins to create a superior eco-friendly Vytex NRL raw material that can be transformed into foam that is whiter, lighter weight and free of the off-gassing common among petrochemical foam products.
The furnishings industry has been seeking all-natural, biodegradable, breathable, comfortable mattress, pillow and seating foam for decades, and were finally able to deliver it with Vytex NRL, said Steve Rotman, Founder of Natures Home Solutions and CEO of Rotmans Furniture, the #1 independent US furniture retailer and the 11th furniture retailer nationwide ranked by Home Furnishings Business. Were excited about the vast potential for Vytex in a myriad of applications. Were already in discussions with multiple manufacturers who anticipate creating mattresses and pillows that will help consumers sleep better -- without the worries of allergic reactions and off-gassing and knowing their comfortable, all natural bedding is sustainable and eco-friendly.
William Doyle, Vystar President and CEO, noted, NRL foam products are one of the major product applications for natural rubber latex, representing an estimated 7% of global NRL consumption. We are excited about the possibility that Vytex NRL-based foam will be part of the $6.8 billion U.S. mattress and pillow market and may ultimately be a significant part of finished products for consumers.
Tom Eisenberg, who will oversee Natures Home Solutions business operations and strategy and was formerly VP of Strategy for the worlds largest latex manufacturer, Latex International, stated, Manufacturers in multiple industries have already expressed interest in Vytex NRL foam. We believe it offers almost unlimited opportunities for Natures Home Solutions and Vystar and could capture a significant share of the foam market.
Doyle added, We appreciate that Steve and Tom, who have spent decades in the furnishings and materials industries, recognize the multitude of uses for Vytex NRL foam. The combined marketing acumen, plus NHSs business network across the furnishings, latex foam, manufacturing and other markets, coupled with our innovative all natural latex process, open new doors for a myriad of applications for Vytex NRL foam, making NHS an ideal distribution partner. We are looking forward to working with NHS to help Vytex NRL become as ubiquitous in consumer products as Velcro.
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Vytex NRL Facts:
Vytex NRL is the only form of NRL where the proteins and non-rubbers have been physically removed from the raw material, maintaining the positive physical attributes and sustainable properties of NRL, with little to none of the allergy- and odor-causing proteins of other non-rubbers. Because Vytex NRL results in a more translucent and cleaner latex it eliminates the need for the dyes and perfumes used to cover up the yellow color and odor in non-Vytex NRL products.
Vytex NRL is the only reduced-protein NRL that:
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originates from Rainforest Alliance Certified farms or forests
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offers Forestry Stewardship Council (FSC) Chain-of-Custody certification that traces the path of products from forests through the supply chain, verifying that FSC-certified material is identified or kept separated from non-certified material throughout the chain
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uses a foam manufacturer that is certified Carbon Neutral by TÜV Rheinland from the seed to the port of shipment.
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originates in the first natural rubber forest plantation in the world that has been issued carbon credits (GreenDevelopment)
Applications for Vytex NRL foam include, but are not limited to:
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Mattresses/Pillows
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Seating
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Footwear
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Apparel
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Athletic equipment
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Flooring/carpeting
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The Vystar 8-K SEC filing with details of the distribution agreement is available at www.SEC.gov.
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About Natures Home Solutions
Natures Home Solutions, LLC is a Boston-based distribution company devoted to identifying and bringing to market innovative, sustainably sourced, eco-friendly materials and components for use in the furnishings, apparel and other markets.
About Vystar Corporation
Based in Duluth, GA, Vystar® Corporation (OTC Pink: VYST) is the exclusive creator of Vytex Natural Rubber Latex (NRL), a multi-patented, all-natural, raw material that contains significantly reduced levels of the proteins found in natural rubber latex and can be used in over 40,000 products. Vytex NRL is a 100% renewable resource, environmentally safe, "green" and fully biodegradable. Vystar is working with manufacturers across a broad range of consumer and medical products to bring Vytex NRL to market in adhesives, balloons, surgical and exam gloves, other medical devices and natural rubber latex foam mattresses and pillows. Vystar's Kiron Sleep Lab LLC acquisition provides an entry into the health and wellness market. For more information, visit www.vytex.com.
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Forward-looking Statements:
Investors are cautioned that certain statements contained in this document as well as some statements in periodic press releases and some oral statements of VYST officials are "Forward- Looking Statements" within the meaning of the Private Securities Litigation Reform Act of 1995 (the "Act"). Forward-looking statements include statements which are predictive in nature, which depend upon or refer to future events or conditions, which include words such as "believes," "anticipates," "intends," "plans," "expects," and similar expressions. In addition, any statements concerning future financial performance (including future revenues, earnings or growth rates), ongoing business strategies or prospects, and possible future VYST actions, which may be provided by management, are also forward-looking statements as defined by the Act. Forward-looking statements involve known and unknown risks, uncertainties, and other factors which may cause the actual results, performance or achievements of the Company to materially differ from any future results, performance, or achievements expressed or implied by such forward-looking statements and to vary significantly from reporting period to reporting period. Although management believes that the assumptions made and expectations reflected in the forward-looking statements are reasonable, there is no assurance that the underlying assumptions will, in fact, prove to be correct or that actual future results will not be different from the expectations expressed in this report. These statements are not guarantees of future performance and VYST has no specific intention to update these statements.
Contacts:
Media: Julie Shepherd, Accentuate PR, 847 275 3643, Julie@accentuatepr.com
Vystar Corp: William Doyle, CEO (866) 674-5238, x1
International Rubber Study Group, 2006 estimate
ISPA 2012 Mattress Industry Report of Sales and Trends
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