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Complete Home & Office Legal Guide
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Complete Home and Office Legal Guide (Chestnut) (1993).ISO
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1993-08-01
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PROMOTIONAL AGREEMENT
_____________, referred to as BBS, and ________________, referred
to as MANUFACTURER, agree:
____________ operates a computer telecommunications service (BBS)
providing various computer services for the public.
________________ is the MANUFACTURER of the following products:
__________________________________________________________
MANUFACTURER shall include in the products stated above a
promotional advertisement for purchasers of MANUFACTURER's
product to purchase BBS services from BBS. The advertisements
shall be printed and provided by the BBS and shall include a
unique identifying code for MANUFACTURER.
All replies shall be received and processed by _______. The ___
______________shall make a _______ accounting report to
MANUFACTURER of the number of orders received. ____________ shall
be paid a commission of $____(____________ &___/100 dollars) per
sale. ____________'s commissions shall be paid solely upon paid
accounts. ________ shall advance to _____________ commissions
earned based upon the sales which are received prior to
collection. However, ________ may in its discretion withhold no
more than 5% of the commission due to allow for dishonored
checks, credit card chargebacks and refunds. BBS shall be
entitled to use its business judgment to determine if it any
refunds are to be made and to determine methods used to collect
delinquent accounts.
The BBS offer provided for in this agreement shall be the only
offer for computer telecommunications services contained within
the products. However, this shall not prevent MANUFACTURER from
referring to customer services through telecommunications
services which it offers generally to the public.
This agreement may be terminated by either party upon ________
notice.
BBS shall indemnify MANUFACTURER from any claims related to its
performance of placed orders.
This is the entire agreement between the parties and may only be
altered by a writing executed by the parties hereto.
Dated ___________________________
________________________________________________
________________________________________________