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Exhibit 10.28
[XXXXXX XXXXX XXXXXXXXXX]
December 11, 1995
Xxxxxx Xxxxxxxxx
00 Xxxxxx Xxxx
Xxxxx Xxxxx, XX 00000
Dear Xx. Xxxxxxxxx:
This letter sets out our agreement with respect to your role with Home
Shopping Network Canada ("HSN Canada"). So long as you are the selling host at
HSN Canada for Xxxxxx Xxxxx pursuant to this letter of agreement, Xxxxxx Xxxxx
Inc. (the "Company") shall pay to you each month a 10% commission on all net
sales (i.e., after deducting returns, credits, etc.) of our products on HSN
Canada, and reimburse you for all reasonable travel and related expenses
incurred by you in the performance of your duties as the selling host provided
that the Company has approved such expenditures in advance.
This agreement shall continue so long as you are acting as the
Company's selling host for HSN Canada. It can be terminated by either you or us
at any time for any reason. Your relationship to the Company shall be that of
an independent contractor and not an employee; the Company shall not withhold
any taxes. All payments due to you for net sales made prior to such termination
shall survive termination and be paid to you by the Company in accordance with
its practices.
This letter confers no other rights, either express or implied, to you
with respect to any of the Company's assets or products. In performing your
duties under this agreement you shall do all things necessary to maintain the
goodwill and value of the Company and its products. This agreement shall be
governed by New York law.
To accept this agreement, please sign below.
XXXXXX XXXXX, INC.
/s/ Xxxxxx Xxxxxxxxx By /s/ Xxxx Xxxxx
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Xxxxxx Xxxxxxxxx Xxxx Xxxxx
Executive Vice President