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): ~~November~~December 63, 2009 (November 514, 2009)

SPONGETECH DELIVERY SYSTEMS, INC.

(Exact name of registrant as specified in its charter)

Delaware		333-100925		54-2077231
(State or other jurisdiction of incorporation)		(Commission File Number)		(IRS Employer Identification No.)

10 West 33rd Street, Suite 518

New York, New York 10001

(Address of principal executive offices and Zip Code)

Registrant's telephone number, including area code: (212) 695-7850

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:

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

Item 1.01 Entry Into a Material Definitive Agreement

OnEffective as of November 514, 2009 (the “Effective Date”), SpongeTech Delivery Systems, Inc. (“SpongeTech”) ~~and~~entered ~~R.M. Enterprises~~into ~~International~~a ~~Inc.~~license agreement (anthe ~~entity~~“Agreement”) ~~in which SpongeTech’s directors and~~with ~~officers~~Marvel ~~hold~~Characters ~~direct~~B.V., ~~and/or~~a ~~indirect~~wholly ~~ownership~~owned ~~interests,~~subsidiary ~~and~~ of ~~which~~Marvel ~~certain of~~Entertainment, ~~SpongeTech’s officers and directors serve as officers and/or~~Inc. ~~directors)~~ (~~“RM”)~~formerly ~~entered~~known ~~into~~as aMarvel ~~Settlement Agreement (the “Settlement Agreement”) with GetFugu~~Enterprises, Inc.) (“~~GetFugu~~Marvel”). ByAlthough, the ~~way~~Agreement ~~of background,~~was effective on ~~September~~November 814, 2009, ~~SpongeTech~~Spongetech ~~announced~~only ~~that~~received ~~it intended to~~the ~~invest~~countersigned $4agreement ~~million~~on ~~into~~December ~~GetFugu`s~~2, ~~mobile-based web search and e-commerce technology~~2009. An Pursuant ~~aggregate of $1,750,000 was advanced~~ to ~~GetFugu in anticipation of~~ the ~~entry into a definitive investment agreement. On September~~ 24Agreement, ~~2009,~~ SpongeTech ~~announced~~was ~~the~~granted ~~rescission~~a ofnon-exclusive ~~investment~~license ~~plans~~to inuse ~~GetFugu~~the ~~and~~Marvel ~~that~~Spider-Man ~~GetFugu~~and ~~had~~Marvel ~~advised~~Super ~~SpongeTech~~Hero ~~that~~Squad itcharacters ~~currently~~in ~~did not have~~ the ~~funds~~manufacture, topromotion, ~~repay~~sale ~~the $1,750,000~~ and ~~that~~distribution itof ~~was~~sponges ~~seeking~~for ~~alternative~~SpongeTech’s ~~financing~~child ~~sources~~care ~~to fund~~bath asponge ~~reimbursement. On~~line ~~September 30, 2009, SpongeTech filed a lawsuit~~ in the United States, ~~District~~its ~~Court~~territories, ~~for~~and ~~the~~Canada. The ~~Southern~~term ~~District~~ of ~~New~~the license ~~York~~commenced ~~against GetFugu~~on (the ~~“Lawsuit”).~~Effective ~~The~~Date ~~complaint~~of ~~alleged~~the ~~breach~~Agreement ofand ~~contract,~~expires ~~breach~~on ofDecember ~~fiduciary~~31, ~~duty~~2011, ~~common~~unless ~~law~~earlier ~~fraud,~~terminated ~~conversion,~~upon ~~willful~~the ~~misconduct~~terms and ~~unlawful appropriation~~conditions ofset ~~funds~~forth byin the ~~GetFugu~~Agreement. All ~~and~~intellectual ~~sought~~property torights ~~recover~~related to the characters ~~funds~~remain ~~which~~the ~~were previously~~property ~~delivered~~of ~~to GetFugu~~Marvel.

~~Pursuant~~SpongeTech agreed to pay the ~~Settlement~~following ~~Agreement,~~royalties ~~the~~to ~~parties~~Marvel ~~agreed~~under tothe anAgreement: ~~immediate~~(1) ~~dismissal~~12% of Net Sales (as such term is defined in the ~~Lawsuit~~ ~~with~~Agreement) ~~prejudice~~of sales directly to customers, and ~~each~~in ofconnection ~~SpongeTech~~with all distributions; and RM(2) ~~released~~an ~~GetFugu,~~additional ~~and~~4% ~~GetFugu~~added ~~released~~to ~~each~~the ofroyalty ~~SpongeTech~~rates ~~and~~if ~~RM,~~the ~~from~~Licensed ~~any~~Articles ~~claims,~~(as ~~rights,~~defined ~~damages~~in orthe ~~obligations~~Agreement) ~~against~~are ~~the~~sold ~~other~~F.O.B. In addition, ~~including~~SpongeTech ~~without~~agreed ~~limitation~~to ~~and~~a minimum ~~causes~~royalty guarantee of ~~action that~~$80,000 ~~either~~(allocated ~~were~~at ~~asserted~~$72,000 orfor ~~could~~the ~~have~~U.S. ~~been~~and ~~asserted~~its territories, inand ~~the~~$8,000 ~~Lawsuit.~~for ~~In addition~~Canada), ~~GetFugu~~payable ~~agreed~~as tofollows: ~~issue~~(1) to$28,000 ~~SpongeTech~~advance, which ~~and~~was RMpaid anby ~~aggregate~~SpongeTech upon execution of 5the Agreement; (2) $26,~~250,525~~000 ~~shares~~payable ofon ~~common~~or ~~stock~~before each of ~~GetFugu~~July ~~(the~~1, ~~“Shares”)~~2010 inand ~~consideration~~January ~~for the $~~1,~~750,000~~ ~~which~~2011. These advances ~~GetFugu~~will ~~had~~offset ~~previously~~actual ~~received,~~royalties ~~and~~owed. In ~~granted~~the ~~piggy-back~~event that the ~~registration~~minimum ~~rights~~royalty ~~with~~guarantees ~~respect~~are tonot paid, Marvel has the ~~Shares~~right to terminate the Agreement. ~~SpongeTech~~Marvel ~~will~~ also be ~~placed~~has onother ~~GetFugu’s~~rights ~~mobile~~to ~~search~~terminate ~~platform~~the Agreement as set forth therein.

~~The~~SpongeTech ~~foregoing~~also ~~summary~~agreed ofto ~~the~~purchase ~~agreements~~a ~~and~~banner ~~transactions~~advertisement ~~described~~on inMarvel’s ~~above~~website, ~~is qualified~~and ~~in its entirety by reference~~ to ~~the definitive transaction documents,~~ ~~copies~~contribute ofcertain ~~which~~funds ~~are attached as exhibits~~ to ~~the~~Marvel’s ~~this~~Common ~~Current~~Marketing, ~~Report~~Brand onEquity, ~~Form~~and ~~8-K~~Participation Fund.

The ~~Company~~foregoing ~~announced~~summary ~~this~~of ~~event~~the agreements and transactions described in above is qualified in its entirety by ~~press~~reference ~~release~~to onthe ~~November~~definitive 6,transaction ~~2009~~document, a copy of which isare attached ~~hereto~~ as ~~Exhibit~~exhibits 99to the this Current Report on Form 8-K.1.

Item 9.01. Financial Statements and Exhibits.

Exhibit No.	Description	~~Description~~
10.1	License Agreement by and between Marvel Characters B.V. and SpongeTech Delivery Systems, Inc.	~~Settlement Agreement dated November 5, 2009 by and between SpongeTech Delivery Systems, Inc., R.M. Enterprises International, Inc. and GetFugu, Inc.~~
10.2		Form of Subscription Agreement dated November 5, 2009 by and between SpongeTech Delivery Systems, Inc., R.M. Enterprises International, Inc. and GetFugu, Inc.
99.1		Press Release dated November 6, 2009.

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.

	SpongeTech Delivery Systems, Inc.
Date: November 6, 2009	By:	/s/ Steven Moskowitz
Date: December 3, 2009	By:	/s/ Steven Moskowitz
		Steven Moskowitz
		Chief Operating Officer and Chief Financial Officer

EXHIBIT INDEX

Exhibit No.	Description	~~Description~~
10.1	License Agreement by and between Marvel Characters B.V. and SpongeTech Delivery Systems, Inc.	~~Settlement Agreement dated November 5, 2009 by and between SpongeTech Delivery Systems, Inc., R.M. Enterprises International, Inc. and GetFugu, Inc.~~
10.2		Form of Subscription Agreement dated November 5, 2009 by and between SpongeTech Delivery Systems, Inc., R.M. Enterprises International, Inc. and GetFugu, Inc.
99.1		Press Release dated November 6, 2009.

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