U.S. 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) November 22, 2009
Commission File No. 333.136247
DOMARK INTERNATIONAL, INC.
(Exact name of small business issuer as specified in its charter)
Nevada 20-4647578
(State or other jurisdiction of (IRS Employer
incorporation or organization) Identification No.)
3551 W Lake Mary Blvd, Ste 209
Lake Mary, FL 32746
(Address of principal executive offices)
877-700-7369
(Issuer's telephone number)
(Former name or former address, if changed since last report)
Check the appropriate box below if the Form 8-K is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions):
[ ] 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))
As used in this report, the terms "we", "us", "our", "our company" "Domark"
refer to Domark International, Inc., a Nevada corporation.
CAUTIONARY NOTE REGARDING FORWARD-LOOKING STATEMENTS
Our disclosure and analysis in this Current Report on Form 8-K contains some
forward-looking statements. Certain of the matters discussed concerning our
operations, cash flows, financial position, economic performance and financial
condition, and the effect of economic conditions include forward-looking
statements.
Statements that are predictive in nature, that depend upon or refer to future
events or conditions or that include words such as "expects," "anticipates,"
"intends," "plans," "believes," "estimates" and similar expressions are
forward-looking statements. Although we believe that these statements are based
upon reasonable assumptions, including projections of orders, sales, operating
margins, earnings, cash flow, research and development costs, working capital,
capital expenditures and other projections, they are subject to several risks
and uncertainties.
Investors are cautioned that our forward-looking statements are not guarantees
of future performance and the actual results or developments may differ
materially from the expectations expressed in the forward-looking statements.
As for the forward-looking statements that relate to future financial results
and other projections, actual results will be different due to the inherent
uncertainty of estimates, forecasts and projections may be better or worse than
projected. Given these uncertainties, you should not place any reliance on these
forward-looking statements. These forward-looking statements also represent our
estimates and assumptions only as of the date that they were made. We expressly
disclaim a duty to provide updates to these forward-looking statements, and the
estimates and assumptions associated with them, after the date of this filing to
reflect events or changes in circumstances or changes in expectations or the
occurrence of anticipated events. You are advised, however, to consult any
additional disclosures we make in our reports on Form 10-K, Form 10-Q, Form 8-K,
or their successors.
ITEM 1.01. ENTRY INTO A MATERIAL DEFINITIVE AGREEMENT
On August 26, 2009, in a Debt Settlement Agreement by and between the Company
and R. Thomas Kidd, any and all debt owed to Mr. Kidd for expenses, advances, or
loans has been settled. The Company agrees to pay Mr. Kidd $150,000 cash and
transfer 3.5 million shares of common stock of TRTN, OTCBB held by us.
Furthermore, the Company executed an assignment of all claims against Victory
Lane Financial Elite, et al as known or shall become known in the course of the
litigation entitled DOMK vs Victory Lane Elite, LLC, Costello, et al in the US
District Court, Middle District of Florida, and the case in Tattnall County,
Georgia.
On November 22, 2009, in a Cancellation of Claims, Disbursements & Irrevocable
Instructions by and between the Company and R. Thomas Kidd, the parties agreed
as follows:
* Upon closing of any settlement agreement between the Company and
Victory Lane Financial Elite, et al, the Company shall pay to R.
Thomas Kidd the sum of $192,500 in cash if cash is received, or at
2
minimum, $42,500 in cash and an assignment of a third party promissory
note in the minimum amount of $150,000 executed by all Victory Lane
Financial Elite, et al in favor of the Company on terms acceptable to
KIDD provided that R. Thomas Kidd will cancel the promissory note
executed by the Company in favor of R. Thomas Kidd in the amount of
$192,500 and return the original promissory note to the Company;
* In the event of no settlement agreement between the Company and
Victory Lane Financial Elite, et al, R. Thomas Kidd agree to accept
and the Company agrees to pay R. Thomas Kidd the sum of $192,500 from
the first proceeds of any award or judgment obtained as a result of
the prosecution of the litigation and arbitration actions against the
Victory Lane Financial Elite, et al;
* R. Thomas Kidd canceled the Assignment of Claims executed by the
Company in favor of R. Thomas Kidd on August 26, 2009 and transferred
title and ownership of the Victory Lane, LLC Units to the Company; in
addition, R Thomas Kidd resigned as Managing Member of Victory Lane,
LLC and appointed Scott Sieck as Managing Member of Victory Lane, LLC.
SIGNATURES
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.
DoMark International, Inc.
Date: November 30, 2009 By: /s/ Scott Sieck
-------------------------------------
Scott Sieck
Chief Executive Officer
3