CONSULTING AGREEMENT
This Agreement is made as of this September 11, 2000, by and between MLM WORLD
NEW TODAY, Inc., ("Company") a publicly traded Nevada Corporation in good
standing, listed on the Over-The-Counter Bulletin Board under symbol "MLMS" with
offices at 0000 Xxxxxx xxx Xxx Xxxxx, Xxxxx #000, Xxx Xxxxx, XX 00000 and Xxxxxx
Xxxxxxxx ("Consultant") at 00000 Xxxx Xxxxx Xxxxx, Xxx Xxxxx, XX 00000.
WHEREAS, the Company is engaged in the business of providing News and
Information, regarding the Multi-level Marketing Industry, and a business
opportunity to the over 220 million Network Marketers Worldwide via its Web
Site(s),
WHEREAS, the Consultant provides Web Site Development and Business to Business
Strategy Consulting services,
WHEREAS, the Company wishes to retain the services of the Consultant on the
following terms and conditions:
1. The Company hereby retains the services of the Consultant for a period of
one (1) year commencing September 11, 2000 and terminating September 11, 2001.
In exchange for the Consulting Services (as that term is defined herein), the
Consultant shall receive $80,000 cash (USD) and 1,000,000 shares of "MLMS"
common stock registered under an S-8 filing to be issued in the first quarter of
2001 upon successful performance in the fourth quarter of 2000.
2. The Consultant shall, employing their best efforts, provide the Company
the following:
a. Web site development and design
b. Front and back end software development and support
c. Radio, Television and Cybertorium Portal designs
d. Custom logo and animation
e. Web ready audio and video
f. Maintaining and updating existing web platform
g. Assisting customer service with technical issue resolutions
3. The Consultant shall be an independent contractor and not an employee.
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CREATE AN EMPLOYER-EMPLOYEE
RELATIONSHIP BETWEEN THE CONSULTANT AND THE COMPANY. The Consultant is
responsible and liable for the methods by he performs the services specified
herein and for payment of all applicable federal, state and local taxes. The
Consultant shall have no right or authority to assume or create any obligations
or responsibilities, express or implied, on behalf of or in the name of the
Company, unless specifically authorized in writing by the Company. No provision
of this Agreement shall be construed to preclude the Consultant from pursuing
other consulting projects.
4. The Company agrees to indemnify and hold harmless the Consultant against
any loss, claim, damage or liability whatsoever, (including reasonable
attorney's fees and expenses), to which such Indemnified Party may become
subject as a result of performing any act, or omitting to perform any act,
contemplated to be performed by the Consultant pursuant to this Agreement if
such act or omission did not violate the provisions of this Agreement.
5. This Agreement shall be binding upon the Company and the Consultant and
their successors and/or assigns.
6. If any provision or provisions of this Agreement shall be held to be
invalid, illegal or unenforceable for any reason whatsoever, (i) the validity,
legality and enforceability of the remaining provisions of this Agreement
(including, without limitation, each portion of any Section of this Agreement
containing any such provision held to be invalid, illegal or unenforceable)
shall not in any way be affected or impaired thereby: and (ii) to the fullest
extent possible, the provisions of this Agreement (including, without
limitation, each portion of any Section of this Agreement containing any such
provision held to be invalid, illegal or unenforceable) shall be construed so as
to give effect to the intent manifested by the provision held, invalid illegal
or unenforceable.
7. No supplement, modification or amendment of this Agreement shall be binding
unless executed in writing by both parties hereto. No waiver of any other
provisions hereof shall be binding unless executed in writing by both parties
hereto nor shall waiver constitute a continuing waiver.
8. This Agreement may be executed in one or more counterparts, each of which
shall for all purposes to be deemed to be an original but all of which shall
constitute one and the same Agreement.
9. The parties agree that should any dispute arise in the administration of
this Agreement, that the agreement shall be governed and construed by the Laws
of the State of California.
10. This Agreement contains the entire agreement between the Parties with
respect to the consulting services to be provided to the Company by the
Consultant and supersedes any and all prior understanding, agreement or
correspondence between the Parties.
IN WITNESS WHEREOF, the Company and the Consultant have caused this Agreement to
be signed by duly authorized representatives as of the day and year first above
written.
MLM WORLD NEWS TODAY, Inc.
/s/ Xxxxx X. Xxxxx
____________________________________
Xxxxx X. Xxxxx / CEO
/s/ Xxxxxx Xxxxxxxx
____________________________________
Xxxxxx Xxxxxxxx (Consultant)
