This agreement is entered into on as exclusive rights basis between GoOnline
Networks, Inc. (hereinafter referred to as "GoOn-line Kiosk") and
(hereinafter referred
to as "Hotel") located at
RECITALS
1. GoOn-line Kiosk is engaged in the business of installing information
centers known as kiosks in public locations throughout the United States and
internationally.
2. GoOn-line Kiosk custom designs kiosks with several available features
depending on certain factors concerning the site location. The most common
features used are the back-lit translucent ad panels with touch-tone dialing
connections, computer terminals for Internet access with keyboards and monitors
integrated into the kiosk design, currency payment slots, coupon racks, video
monitors and electronic messaging scrolling banners.
3. GoOn-line Kiosk makes every effort to work very closely with the managers
of the site location to design a kiosk that is most aesthetically pleasing and
generates the most customers' visibility and usage.
4. GoOn-line Kiosk derives revenue from the sale of advertisements and
payments received for Internet access by users of the kiosk.
5. Hotel is a hotel enterprise offering accommodations for rent to the
general public.
6. Hotel is desirous of entering into this agreement to offer their
customers a visually appealing information center with Internet access and ad
panels notifying customers of certain goods and services available to them.
TERM AND CONDITIONS
1. Hotel agrees to allow GoOn-line Kiosk to install a kiosk in the hotel
lobby in a suitable location agreeable to both parties. The kiosk and all
related equipment will remain the sole property of GoOnline Kiosk.
2. GoOn-line Kiosk agrees to pay Hotel $45.00 per month or 10% of the usage
fees derived from the Internet access terminal, whichever is greater.
Calculation of the monthly revenue for this purpose will commence 45 days after
installation of the Internet access terminal and be paid quarterly.
3. GoOn-line Kiosk has the right to cancel upon 30 days written notice, to
remove the Internet access terminal if the Internet access terminal is not
providing an average of $15.00 per day in usage fees for the preceding 90 days.
4. GoOn-line Kiosk agrees to pay for the installation of a dedicated
telephone line and for the monthly charges incurred to maintain those lines.
Hotel gives GoOn-Line KIOSK permission to install a telephone line into said
hotel, at no expense to the Hotel. GoOn-line Kiosk accepts no liability for
holes in walls, pillars or floors which are necessary for the installation or
removal of the kiosk(s) and equipment, or as a result of vandalism.
5. GoOn-line Kiosk will supply Hotel with quarterly accounting of all
revenue and expenses generated by the information center.
6. GoOn-line Kiosk agrees to inspect the kiosk regularly and provide
maintenance of the information center at their expense. GoOn-line Kiosk shall
have the right to change the type of kiosk equipment at this location.
7. Hotel agrees to notify GoOn-line Kiosk if any maintenance should be
needed in a timely manner. Only GoOn-line KIOSK or a duly authorized
representative is allowed to open, adjust, remove, disconnect, repair, replace
or alter the kiosk in any way.
8. Should any dispute arise involving the terms and conditions of this
agreement, such dispute will be decided by the AMERICAN ARBITRATION ASSOCIATION
in a binding decision.
9. This exclusive site agreement is for four (4) years, with a second
four-year option exercisable upon written notice, by registered mail from Hotel
to GoOn-line Kiosk, ninety days before the end of the first four-year period.
10. GoOn-line Kiosk agrees to pay Hotel for that portion of liability
insurance naming GoOn-line Kiosk as an additional insured.
All of the above terms and conditions are agreed upon by the parties signing
below.
GoOn-line Kiosk Date
