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User Agreement
The text below is our user site agreement. These are the terms and conditions
required for access to our site. Please read completely before deciding to
agree or disagree with these terms.
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BROKERAGE LISTING AND SALES AGREEMENT
THIS SALES COMMISSION AGREEMENT (the "Agreement") is made between FoamRig.com, a division of Digital Intent, Inc. ("Publisher") and the undersigned Seller ("Seller"). In consideration of the mutual promises and covenants contained in this Agreement, the parties hereto agree as follows:
This Agreement shall become effective this day _____________________, and shall extend for six (6) months from the effective date of this agreement.
Seller grants Publisher the right to advertise represent and sell the above named vehicle/equipment for the price and terms identified in EXHIBIT A of this Agreement.
It is expressly understood in connection herewith that Publisher does not assume care, custody or control of said vehicle.
1. Ownership/Title. Seller certifies that seller is the Owner of the listed vehicle/equipment contained in Exhibit A of this Agreement and has the right to sell same; that all information given by me is correct; that this Agreement contains all the agreements of the parties; that no representations or warranties have been made to me except as are set forth herein; and that I have read the foregoing and agree to the terms thereof.
2. Advertising. Publisher shall use its diligent efforts to provide the Internet-related advertising specific to the promotion and sale of said equipment. Any advertising submitted by Seller must be in form and substance acceptable to publisher.
3. Payment. Seller agrees to pay Publisher a commission of _10%_ of the gross selling price in the event of any sale or exchange of the vehicle/equipment identified in EXHIBIT A of this Agreement during the listing period. The listing price will be the same as the Owners advertised price identified in EXHIBIT A of this Agreement and will be adjusted to same as advertised price regardless of any price discrepancies. In the event the vehicle is sold or exchanged within six months after the expiration of the listing period to a previously registered prospective Buyer of Publisher, Publisher shall receive full commission stated herein. In consideration thereof, Owner will notify Publisher of the identity of any Buyer, prior to the sale of said vehicle, for a period of six months following the termination of the Listing Agreement. Publisher, likewise, will provide Owner with a list of registered prospects that have shown interest in the vehicle.
All payments are due and payable in full within five (5) business days from the time and date of issuance of equipment / financial transfer. Payment shall be in the form of:
- Cashier’s Check
- Certified Check
- Money Order
- Credit Card
Buyer and/or Seller may be subject to payment of State and /or local sales tax. Publisher shall have no responsibilities for sales taxes, shipping expenses or additional fees directly or indirectly due to the sale of said equipment. In the event Buyer and/or Seller develop payment terms or any conditions of sale, Publisher shall not be held responsible for any performance thereof and all commissions/payments are due in full within five (5) business days from the time and date of issuance of equipment and transfer.
4. Indemnity. Seller shall at all times defend, indemnify and hold harmless Publisher and its officers, directors, shareholders, employees, accountants, attorneys, agents, affiliates, subsidiaries, successors, and assigns from and against any and all third-party claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or related to the content of Seller's advertisements, or the satisfaction and/or performance, claims of nonperformance or damage and/ or personal injury indirectly or directly related to the purchase, sale, use or performance of said equipment, served by Publisher pursuant to this Agreement and/or any materials to which users can link through those advertisements.
5. Limitation of Liability
(a) UNDER NO CIRCUMSTANCES SHALL PUBLISHER BE LIABLE TO SELLER OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THIS AGREEMENT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, COSTS OF DELAY, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
(b) PUBLISHER DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY REGARDING MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES, SUITABILITY, COMPLIANCE WITH LAWS, QUALITY, OR OTHERWISE, WITH RESPECT TO THE PUBLISHER WEB SITE.
(c) IN NO EVENT SHALL PUBLISHER BE LIABLE IN ANY WAY FOR AN AMOUNT GREATER THAN THE PAYMENT OWED TO PUBLISHER UNDER SECTION 2 ABOVE.
(d) PUBLISHER WOULD NOT HAVE ENTERED INTO THIS AGREEMENT BUT FOR THE LIMITATIONS CONTAINED IN THIS SECTION 4.
6. Guarantee Waiver. Publisher claims no knowledge or responsibility as to the status of existing liens and encumbrances and/or whether the title is held or not by the Seller. Further, Publisher makes no warranty, guarantee, or representation of any kind expressed or implied as to the merchantability or fitness for any purpose of the property offered for sale.
7. Consideration of Bid. Seller reserves the right to reject any and all bids and to withdraw from sale any of the items listed, when considered in its best interest.
8. Counterparts and Facsimile Signatures. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which together shall constitute a single instrument. Facsimile signatures are acceptable and deemed original signatures.
9. Acceptance of Terms and Conditions. By signing this document, the Seller agrees that they have read and fully understand and accept these terms and Conditions of Publisher, and agree to pay the specified fee’s, once a Publisher bid is accepted, by the dates and times specified.
AGREED TO BY SELLER:
SELLER’S PRINTED NAME
SELLER’S COMPANY NAME
SELLER’S SIGNATURE DATE
EXHIBIT A
Equipment List:
Type of Equipment/Vehicle (make, model name, year):
Price:
List of Included Items:
| Transmitted: 3/10/2010 4:35:53 AM
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