[mPRm letterhead]
June 11, 1999
Mr. Xxxx Xxxxxxxxx
0XxxXxxx.xxx
00000 Xxx Xxxxxx Xxxxxx
Xxxxxx, XX 00000
Dear Xxxx,
Please consider this letter as an agreement whereby mPRm has been retained
to handle corporate and consumer public relations on behalf of 0XxxXxxx.xxx
("CLIENT").
Per our conversation, as compensation for our services, it is agreed that
the monthly retainer for basic servicing by mPRm on behalf 0XxxXxxx.xxx will
be as follows:
- Twenty Thousand Dollars ($20,000.00) for the month of June.
- Fifteen Thousand Dollars ($15,000.00) for the months of July & August
- Twenty Thousand Dollars ($20,000.00) for September 1999 through December
1999.
Should mPRm's services be needed for trade shows, press tours, stunts,
events, staffing or promotions. additional fees will be required at a
mutually agreeable fee.
All fees are payable at the beginning of each billing period. mPRm and
0XxxXxxx.xxx reserves the right to terminate this agreement by giving Thirty
(30) days notice, provided that if notice is given at a time other than on
the last day of a billing period, the foregoing compensation shall be
pro-rated accordingly.
Out-of-pocket expenses are billed as incurred at cost with no single expense
in excess of Three Hundred Dollars ($300.00) being made without prior
approval by for 0XxxXxxx.xxx. We add a ten-percent service charge for
outside vendor expenses if they am unable to bill you directly.
mPRm cannot independently verify factual material supplied by 0XxxXxxx.xxx
or the 0XxxXxxx.xxx surrogates, and therefore for 0XxxXxxx.xxx will
indemnify and hold harmless mPRm for any attorney's fees, claim, loss,
damage, expenses or other legal liabilities based upon information,
representations, reports, news releases or other material prepared by mPRm
based upon factual materials supplied by 0XxxXxxx.xxx.
mPRm further agrees that it will hold in confidence and trust and will not
make use of, disseminate, or in any way circulate any confidential
information of 0XxxXxxx.xxx which is supplied to mPRm and/or its
subcontractors -or obtained in writing, orally or by observation by mPRm,
except to the extent necessary for negotiations, discussions, or
consultations with personnel or authorized representatives of 0XxxXxxx.xxx
in connection with the performance of consulting services by mPRm under this
Agreement, or otherwise as authorized by 0XxxXxxx.xx,.
Any controversy or claim arising out of this agreement or the breach hereof,
shall be settled by binding arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association, as modified by
the California Arbitration Act, and judgment upon the award rendered by
their arbitrator(s) may be entered in any court having jurisdiction. The
costs of arbitration. including reasonable attorneys' fees, shall be born in
such proportions as the arbitrator(s) determine
If this agreement meets with your approval, please sign, return the
original, and retain the copy for your files.
Best regards,
/s/Xxxxxx XxXxxxxxxxx
RMC/ca
ACCEPTED AND AGREED TO:
By: /s/Xxxx Xxxxxxxxx
0XxxXxxx.xxx
ACCEPTED AND AGREED TO:
By: /s/Xxxxxx XxXxxxxxxxx
mPRm Public Relations
cc: Xxxx Xxxxxxxxxxx
Xxxxx Xxxxxxxx