EXHIBIT 10.36
CERTAIN PORTIONS OF THIS DOCUMENT HAVE BEEN OMITTED PURSUANT TO A CONFIDENTIAL
TREATMENT REQUEST. THE OMITTED NON-PUBLIC INFORMATION HAS BEEN FILED WITH
THE COMMISSION.
TOSHIBA AMERICA INFORMATION SYSTEMS
PRODUCT LISTING AGREEMENT
[Value America The Living Store! logo]
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The Living Store:
Value America presents the merits of your products directly to the
consumer. Our dynamic multimedia category demonstrations effectively reveal the
features, benefits, quality, style and value of your products.
PICTURE LISTINGS:
Picture Listings are similar to placing your product on the shelf in a
typical retail store. We use your existing photographs, illustrations and copy
to show an image of the product followed by informative text and bullet points.
With Picture Listings we control the number of items, retail, duration and
product positioning within the store.
Development Cost Participation Quantity
Composition, Compression & Data Entry $ X $ X 1 (X)
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BASIC - CATEGORY PRESENTATIONS:
Basic Presentations are created entirely from your existing library of
photographs, illustrations and copy. We transform the artwork you have created
for your catalogs and packaging into educational, customer-oriented sales
presentations. We select images, write headlines and craft supportive copy to
reveal each product's features, benefits, applications, style, quality and
value. Up to 10 products may be listed and sold.
Development Cost Participation Quantity
Research & Creative Development $ X $ X
Composition & Copy Selection $ X $ X
Graphic Design of Web Presentation $ X $ X X
Photo & Graphic Compression $ X $ X
Data Entry & Web Site Generation $ X $ X 2
Total Supplier Participation $ X $ X _____
MULTIMEDIA - CATEGORY PRESENTATIONS:
Multimedia Presentations are principally created from your library of
photographs and illustrations. We augment your artwork, with our own, and write
compelling consumer-oriented copy. We script and record a powerful narrative
dialog that speaks directly to the customer, enables automatic pagination, and
compels acquisition. These dynamic feature oriented presentations can include 20
individual products. Multimedia Presentations average ten panels in length and
are paced to present product attributes over five minutes.
Development Cost Participation Quantity
Research & Creative Development $ X $ X
Narrative Scripts, Headlines & Copy $ X $ X
Graphic Design and Illustrations $ X $ X
Multimedia Narrative Audio Streams $ X $ X
Photo & Graphic Processing & Compression $ X $ X
Data Entry & Web Site Generation $ X $ X 3
Total Supplier Participation $ X $ X _____
COMPREHENSIVE VIDEO & MULTIMEDIA - CATEGORY PRESENTATIONS:
Comprehensive Video & Multimedia Presentations integrate your best
photographs and illustrations into dynamic sales presentations. Value America
produces environmental photographs, powerful consumer-oriented copy, and
computer illustrations. We script and record a professional narrative dialog
that impacts the consumer's impression of your company and products. We write,
and produce broadcast-quality video demonstrations to reveal your product's
unique features, style, and quality. Each two to three minute video is
professionally edited, compressed and streamed for tomorrow's world of enhanced
connectivity. Animation, special effects, and music are used to make these
presentations as entertaining as they are compelling. Each Comprehensive
Presentation can feature up to 40 items. Multimedia segments average twelve
panels in length and are typically paced to present information over seven
minutes. Our two to three minute video demonstrations follow the multimedia
presentation.
Development Cost Participation Quantity
Research & Creative Development $ X $ X
Narrative Scripts, Video Scripts, Headlines & Copy $ X $ X
Video Cast, Crew, Production & Editing $ X $ X
Graphic Design and Illustrations $ X $ X
Still Photography, Props & Processing $ X $ X
Animation & Special Effects $ X $ X
Multimedia Narrative Audio Streams $ X $ X
Video, Photo & Graphic Compression $ X $ X
Data Entry & Web Site Generation $ X $ X
Video Digitizing, Data Entry & Streaming $ X $ X 0
Total Supplier Participation $ X $ X ____
Payment Terms:
50% Upon Acceptance. X To be credited as
50% Upon Web Accessibility. on going X% accrual (Monthly) passed through by
fulfillment.
Value America Agrees:
1. To provide product presentation corrections, additions and updates at
cost of $X an hour.
2. To create effective purchasing procedures and host store with sufficient
bandwidth.
3. To implement reasonable MAP or value pricing to maximize revenue.
4. To communicate forecasts, purchase orders and shipping information
electronically using EDI.
5. To be solely responsible for customer payment and outbound freight.
6. To diminish non-defective returns through supportive and integrated customer
service.
7. To reduce sales support and order processing cost by eliminating color
packaging, retail displays, slotting fees, store service, markdowns,
guaranteed sales, rebates, new store allowances, extended payment terms,
prepaid freight, complicated routing, compliance penalties, bills of lading,
and manual order processing.
Supplier and/or Distributor Agree:
1. To provide copies of existing video, photos, illustrations and copy for
integration into presentations.
2. To promptly provide accurate product data, analysis, catalogs, packaging, and
sales training documents.
3. To deliver a sample of each product selected. These will be used in the
creation of product presentations.
4. To provide a sales narrative of each product's features, benefits,
performance capabilities, style, applications, value and competitive
advantages dictated by a knowledgeable spokesperson.
5. To provide a competitive net FOB quotation on all products selected by Value
America.
6. To indemnify Value America against product liability claims arising from
supplier's products.
7. To ship orders promptly using EDI or e-mail with automatic labeling to
minimize cost.
8. To accept defective product returns and issue full credit.
9. To use original content created for the product sales presentations only with
our express written consent.
Agreed:
TOSHIBA AMERICA INFORMATION SYSTEMS
$X
------------------------ ------------------------- ---------- -------
Supplier Representative's Name Date Value
/s/ illegible /s/ Xxxxx X. Xxxx
------------------------ -------------------------
Authorized Signature Value America Approval
[Value America The Living Store! logo]
TOSHIBA AMERICA INFORMATION SYSTEMS
CATEGORIES & PRESENTATIONS
[Value America The Living Store! logo]
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Categories: Presentation:
1. TOSHIBA SATELLITE NOTEBOOK PCs 305 CDS 315 CDS Multimedia Presentation
2. TOSHIBA SATELLITE ACCESSORIES Basic Presentation & Audio
3. TOSHIBA TECRA NOTEBOOK PCs 520,530 Basic Presentation & Audio
4. TOSHIBA LIBRETTO MINI-NOTEBOOKS 70-CT & ACCESSORIES Multimedia Presentation
6. TOSHIBA EQUIUM BUSINESS PCs 2 Models TBD Multimedia Presentation
7. TOSHIBA EQUIUM ACCESSORIES Picture Listing
TOSHIBA AMERICA: 1 PICTURE LISTING - $ X
2 BASIC PRESENTATIONS - $ X
3 MULTIMEDIA PRESENTATIONS - $ X
0 VIDEO DEMONSTRATIONS - $ X
TOTAL: $ X for 7 Product Presentations, Listing and Sale of All Applicable
Items.
DATE: October 8, 1997
