MARKETING CONTRACT
This Marketing Contract is entered into this 15th day of November, 2000 between
Commercial Concepts, Inc. (CCI) of 000 X. 000 X. Xxxx Xxxx Xxxx, Xxxx and Xxxxx
and Xxxxx Xxxxxxx or assignee (Marketer) of 00000 XX 000 Xx. Xxxxx, XX 00000
pursuant to the terms and conditions set forth below:
1. Responsibilities of the Marketer:
a. The Marketer will represent CCI in Dade County, Florida south
of Flagler Street and to certain specific potential hosts that
are listed in Exhibit A, for the sale and distribution of Wave
Screens(C) services offered by CCI, which include new custom
screen savers for approved hosts and advertising space on any
existing Wave Screen(C) screen saver.
b. The Marketer will obtain all information and materials
required from each customer (hosts and advertisers) to
complete each project and provide them to CCI.
c. The Marketer is responsible to obtain signed contracts, in a
form approved by CCI, from its customers and to forward said
contracts to CCI on a timely basis.
d. The Marketer may also provide advertising and marketing for
this product with the prior approval of CCI.
e. The Marketer will participate in beta testing of updated
versions of the product and will communicate to CCI any
problems, suggestions, or comments related to maximizing the
marketability of the product.
2. Responsibilities of CCI:
a. CCI will provide the Marketer with marketing and informational
materials regarding the product and product upgrades, along
with the corresponding materials, as soon they are
commercially available.
b. CCI will produce and forward finished product to the Marketer
within a maximum of 10 business days after the receipt of the
required contract and materials, unless an unusual amount of
work is required, in which case CCI will inform the Marketer
of any possible delays in advance of the scheduled shipping
date.
c. CCI will provide hosts and advertisers with monthly statements
and will be responsible to collect advertising receivables.
3. Compensation:
a. The Marketer will keep 20% of all gross advertising revenues
that they place and from which payment is received by CCI,
payable by CCI within a maximum of 30 days of payment receipt.
This commission will be paid on the first of each month.
b. The Marketer will also be paid 12% of gross advertising
revenues, received by CCI, for any advertising originated by
CCI placed on the Marketer's hosts' screens. This commission
is in lieu of the 20% payable to the Marketer had they
originated the advertising. This 12% commission will be paid
on the first of each month.
c. CCI will also pay a finders fee of $1 per screen for new users
of the Marketer's Hosts' Wave Screen(C) screen savers. This
payment will be calculated on the net amount of screens using
the Hosts' Wave Screen(C) screen saver at the end of each
month. The Marketer will be paid $1 for each screen that
represents a net increase over the base number of screens (as
defined below). If the total number of screens using the
Hosts' Wave Screen(C) screen savers decreases at the end of
one month then the total of the previous month will be used to
calculate the net increase for each month, until there is a
net increase, at which time the new total will become the base
for the next month.
4. Confidentiality and Non-Compete: CCI and the Marketer agree to keep
confidential all non-public information related to the marketing,
producing and developing of the product. The Marketer also agrees not
to market, distribute or promote any directly competing product.
5. Termination of Contract: This contract is valid for a period of 365
days at which time it will automatically be renewed for an additional
365 days unless written notice is given by one of the parties that they
do not wish to renew the Contract. Prior to the expiration date, this
Contract may only be terminated due to lack of performance by either
party (acceptable performance for a Marketer is 10,000 screens with an
average of 50 advertisers) or the written consent of both parties. If
the contract is cancelled without cause then the Marketer retains the
rights to the commission defined in this contract for all Hosts and
advertisers that they have signed to contracts for the length of said
contracts.
6. Controlling Law: This agreement is construed under and subject to the
laws of the State of Utah.
7. Complete Agreement: This document contains the complete agreement of
the parties and can only be amended in writing signed by both parties.
Agreed to this 15th day of November, 2000 By:
Commercial Concepts, Inc. Xxxxx & Xxxxx Xxxxxxx
/s/ Xxxxxx Xxxxxxxx /s/ Xxxxx Xxxxxxx
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Xxxxxx X. Xxxxxxxx, President Authorized Signature
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