Exhibit 10.11
[Xxxxxxx.xxx graphic omitted]
000 Xxxx Xxxxxx Xxxxxx #00 Xxxxxxxxx, XX 00000 Email: xxxxx@xxxxx.xxx
Phone (000) 000-0000 0-000-000-0000 Fax (000) 000-0000 xxx.xxxxxxx.xxx
Revenue Sharing Agreement
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This is a legal agreement between Xxxxxxx.xxx, "Company" and Information
Highway, "IH". By signing below, "Company" is agreeing that all the information
provided is accurate to be bound by all terms of this Agreement.
WHEREAS "Company" owns and operates Xxxxxxx.xxx which gathers, formats, stores
and distributes an ecommerce service that brings buyers and sellers together.
The "Company" Agrees to pay "IH" a calculated average sum of 50% of the net
profits of sales commissions generated through xxxxxxx.xxx. At the present time,
Xxxxxxx.xxx averages 11% total commissions on sales. "IH" will receive one half
of this commission or 5.5% of the total gross sales generated at Xxxxxxx.xxx
from buyers that originate or click-through from any sites owned, operated, or
licensed by "IH".
Tracking: The "Company" will track all applicable commissions through a third
party commission vendor by the name of Commission Junction (xxx.xx.xxx). This
vendor is responsible for paying all commissions to "IH" and will do so on an
ongoing basis or until a new vendor is selected. All monies are held in escrow
at the commission vendor's location until disbursement to "IH" on a monthly
basis. "IH" may log in at any time to track orders, amounts payable and
disbursements.
Sellers Responsibilities:
Description and Payments 1. XxxxXxx.xxx has established a "virtual mall concept"
to sell and market products and services on the Internet. The form of payment
will be credit cards and payments will appear on the Buyer's invoice as a
Xxxxxxx.xxx charge. The credit card information is received over the Internet
via a secure server. At the present time a Buyer will order a product being sold
by Xxxxxxx.xxx directly from Xxxxxxx.xxx or from a Seller and will be billed by
Xxxxxxx.xxx. For a negotiable fee, Xxxxxxx.xxx will process the order and will
notify the Seller. The Seller will ship the Products. Xxxxxxx.xxx will remit
payment to Seller two times per month. 2.The Seller is responsible to
Xxxxxxx.xxx. All shipping statements made in the seller profile must be honored
by the Seller. All Seller products and practices will be monitored by
Xxxxxxx.xxx through a rating system and made available to the Buyers. All Seller
products must be guaranteed to Xxxxxxx.xxx for a period of 100 days after the
product is shipped. 3. Xxxxxxx.xxx will review all sales orders, shipments, and
Customer inquiries as soon as they are received. 0.Xxxxxxx.xxx can remove any
Product or Seller from the site at any time for any reason. 5.Seller will become
part of Xxxxxxx.xxx after careful review of the Seller Profile and the Company.
Approval will take approximately 24 hours. The Seller's Storefront will be
created upon signing up over the Xxxxxxx.xxx web site and reviewed by
Xxxxxxx.xxx before going live. 6. Sellers are admitted to the mall free of
charge. Xxxxxxx.xxx will charge commission on sales that are made. Sellers that
administer their own Storefronts on Xxxxxxx.xxx and require no setup assistance
are charged the minimum 9% commission for sales originating at XxxxXxx.xxx. The
commission will be added to the order price and we will charge the Buyer. The
Seller is notified of the order and is required to ship based on the time the
Seller determines in the initial seller profile on Xxxxxxx.xxx. Xxxxxxx.xxx will
have an account with the Seller that the Seller can charge for the price listed
on Xxxxxxx.xxx less the determined commission. Xxxxxxx.xxx will issue checks two
times per month for the amount due to the Seller. 7. There will be no recurring
charges. 8. The Seller will be part of Xxxxxxx.xxx for two years from the date
of product approval. 9. If inventory is not available to the Buyer, then, the
Seller will notify Shopbiz. cam by e-mail within 2 business days or telephone if
E-mail is unavailable. Options will be discussed with the Buyer. If the Buyer
requests a refund then the Seller will notify Xxxxxxx.xxx immediately and
Xxxxxxx.xxx will credit the Buyer's credit card account in full within 24 hours.
The product will be shipped by the Seller unless other arrangements are made by
the Customers. lO. The Seller must offer a 90-day money back guarantee to
Xxxxxxx.xxx. The Buyer will pay for shopping the product back to the Seller.
Once the product is received by the Seller, then they will notify Xxxxxxx.xxx
and the Buyer's credit card will be credited for the applicable amount.
Xxxxxxx.xxx will keep the commission received from the Seller. 11. Xxxxxxx.xxx
can be reached at the Company's physical location is 000 X. Xxxxxx Xxx, Xxxxx
00, Xxxxxxxxx, XX 00000 1-800-367-1275 or (000) 000-0000. 12. The Seller will
have someone answering the phones from 9:00 AM to 5:00 PM local Time, Monday
through Friday and answering E-mail.
13. There are no known local, national, or other legal requirements that are
specific to this web page. Claims and Complaints. 1. Each Seller is responsible
for the products it submits. Xxxxxxx.xxx will not accept material that is false
or misleading, defamatory, harassing, abusive or threatening (this includes but
is not limited to remarks about racial or religious groups), violates the law,
including but not limited to violations of copyright or trademark rights,
offering products or services that have been illegally obtained, illegal
materials of any kind, pornographic, distasteful or any materials that support
such actions. 2. Xxxxxxx.xxx reserves the right to reformat any data or images
provided by the Sellers to accommodate the format of the Xxxxxxx.xxx web site.
3. Xxxxxxx.xxx agrees to publish images and information provided by Sellers on
the Xxxxxxx.xxx web site during at least the term specified in this contract.
Sellers agree to the charges described above. 4.Sellers represent and warrant
that they have the right to publish the images and information supplied to
Xxxxxxx.xxx, and that such images and information do not infringe on any third
party's rights and are not otherwise unlawful. Sellers shall defend, indemnify
and hold harmless Xxxxxxx.xxx and its officers and directors from and against
any and all losses, damages, liabilities and claims, and all fees, costs and
expenses of any kind related thereto (including, without limitation, reasonable
attorneys' fees) arising out of, based upon or resulting from any claim of any
third party alleging infringement of any copyright, trademark, patent, trade
secret, right of privacy, right of publicity, unfair competition, false
advertising, libel, or any other statutory or common law proprietary or civil
right. 5. In the event of a complaint Xxxxxxx.xxx will talk with Customers
immediately when available or get back to them within 1 business day. Process
used by management to monitor the continuing effectiveness of its controls over
transaction integrity. 1. Xxxxxxx.xxx plans to use "Cookies" that will reside on
the Customers computers and verified by Xxxxxxx.xxx's network for identification
purposes only. 2. Sellers can review daily sales reports and determine whether
the e-commerce transactions are being processed and shipped according to the
Sellers Profile. If there is a noncompliance found in the system, Xxxxxxx.xxx
will investigate it immediately and change any future transactions so this
particular occurrence will not happen again. Xxxxxxx.xxx will be using a secure
server that will record Buyer information, such as name, address, Products
ordered, credit card information, total cost, etc. Xxxxxxx.xxx will receive
these orders on behalf of the Sellers. 3. Each Sellers information will have a
number and will be filed by number and alphabetically both physically and on
Xxxxxxx.xxx's secure network. Access to this information will be by authorized
personnel only. This information will be kept for a 1 year period and then
archived at Xxxxxxx.xxx's convenience. 4. Buyer's credit card information will
only be known by Xxxxxxx.xxx. All of the shipping information will be E-mailed
to the Seller. Xxxxxxx.xxx will keep this information on a secure server and in
a physically protected area.
IN WHITNESS WHEREEOF, The parties hereunder have experienced this Agreement on
the lst day of May, 1999,
Information Highway, Inc. MediaComm Broadcasting Systems, Inc.
/s/ Xxxx X. Xxxxxxxxx /s/ Xxx X. Xxxxxxxx
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Authorized Signature Authorized Signature
Xxxx X. Xxxxxxxxx Xxx X. Xxxxxxxx
President President
