PROPERTY LICENSING AGREEMENT
THIS PROPERTY LICENSING AGREEMENT (the Agreement) is made this date_________________ between:
Company Name: Address: City: Phone: Contact: State: Fax: Title: Zip: E-mail: Country:
hereinafter called the “Licensee” and BumpAds USA, LLC the “Licensor,” located at 111 Second Avenue Northeast, Suite 1275, St. Petersburg, Florida 33701 USA hereinafter called “BumpAds.”
Licensee has selected this plan to utilize the patented BumpAds® Advertising System in the parking lot(s) it owns and/or controls and the designated parking spaces identified in Exhibit A attached hereto and subject to the terms of this Agreement. Licensee has selected this plan with the express understanding that Licensee has the right to utilize this unique media system to deploy advertising messages to its own customers within the scope of its own parking lots and/or will have the exclusive right to market its own advertising spaces found in their own parking lots listed within this Agreement to third party advertisers pursuant to the terms of the Licensing Terms included herein.
ACCEPTANCE OF TERMS. The product and services that BumpAds provides to you are subject to the following Terms of Use (“TOU”). BumpAds reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our Web pages. FEATURES: Under the terms of this Agreement, BumpAds permits the Licensee to purchase, for their own use, the patented BumpAds® Wheel Stops advertising unit subject to the Licensing Agreement incorporated herein. This system, which is made of durable aluminum, is capable of housing all of the variations of the BumpAds® Advertising System. These units are only sold in conjunction with an on-going Licensing Agreement which permits the right to use the Patented BumpAds® Advertising System. Licensee agrees to pay its on-going Licensing Fees as long as the BumpAds® Wheel Stop advertising unit is deployed on the Licensee’s property location. The BumpAds® Wheel Stop advertising unit can be purchased and/or leased through the BumpAds® web site or from any of the authorized BumpAds® representative. The most current pricing is available on the BumpAds® web site located at www.bumpads.com. The Licensee must have a signed Licensing Agreement in place for each property location in which these units are to be deployed. 1.0 1.1 GRANT OF RIGHTS: Licensees can choose to either install the patented BumpAds® Wheel Stops advertising unit themselves or call BumpAds and/or their local authorized BumpAds subcontractors for an installation quotation. The BumpAds® Two Year Warranty is only valid when the BumpAds® Wheel Stops are installed by a BumpAds® Authorized Installer. Should the Licensee decide to have one of BumpAds’ subcontractors provide installation services for the purchased BumpAds® Wheel Stops, Licensee grants to BumpAds and/or its subcontractors the right to remove any existing concrete parking wheel stops (“Wheel Stops”) at Licensee’s Location(s) and replace with the patented BumpAds® Wheel Stop.
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BumpAds Licensing Agreement (Plan 2)
The BumpAds® Wheel Stops are a standard sized wheel stop (72” wide by 4” tall). Customized colors are available for large quantity orders of 1000 units or more. Their lower height makes them more appealing in parking lots since vehicles with lower front grills have a far lower chance of touching the actual wheel stop when parking compared to traditional concrete wheel stops. Licensee may keep existing concrete wheel stops upon written instruction to BumpAds prior to removal of concrete wheel stops. Once removed, BumpAds will not be responsible for restoring existing concrete wheel stops. Upon installation of the customized wheel stops pursuant to the terms of this Agreement, the Licensee will own the installed BumpAds® Wheel Stops contingent upon the terms of this Agreement. The Licensee is responsible for the BumpAds® Wheel Stops as an asset on their property. Installation fees vary depending on each customer’s location and quantity. Quotes for installation services can be provided upon request. 1.2 If ordered by the Licensee, BumpAds and/or it authorized subcontractors, will install the BumpAds® Wheel Stops with additional advertising attached (“Artwork Inserts”) as ordered by the Licensee on the BumpAds® Wheel Stops. Licensee can elect to pay to have BumpAds and/or its subcontractors to provide Artwork Insert changes or provide staffing itself to make Artwork Insert changes. Installations will be coordinated with the client to minimize interruption of business. The BumpAds® Artwork Inserts are digital four color media PVC artwork strips that slide into each glide area on both sides of the BumpAds® Wheel Stops. Licensee may order Artwork Inserts as often as desired (weekly, bi-weekly, monthly, quarterly or annual changes). All original BumpAds® Wheel Stops come with the default blank insert panels. BumpAds® Artwork Inserts are ordered separately. BumpAds maintains an “artwork library” on-line for the Licensee’s convenience and for re-order purposes. This makes uploading new artwork orders very convenient for the Licensee. The current cost of additional Artwork Inserts is seven dollars ($7) per strip, plus shipping. Pricing is subject to change. Large quantity print runs are eligible for printing discounts. Call for special pricing quotes. Installation fees vary depending on each customer’s location and quantity. Quotes for installation services can be provided upon request. Licensee grants access to the Licensee’s Location(s) in order to install, replace and maintain the advertising messages on the BumpAds® Advertising System. If ordered, Licensee grants access to BumpAds and/or its subcontractors to perform certifications (bar code scanning and reports to advertisers) as required by advertisers at the Licensee’s Location(s). Licensee grants to BumpAds and/or its subcontractors the ability to perform all other actions at the Licensee’s Location(s) consistent with the terms of this Licensing Agreement. Licensee represents and warrants that it is the owner of the Licensee’s Location(s) subject to this Agreement, is the authorized management company for the owner of the property, or has full written authorization from the owner of the property and that it has the full authority to execute this Agreement, to grant the license and all rights and authorizations under this Agreement, including but not limited to the removal of existing Wheel Stops to be replaced with the BumpAds® Wheel Stops. Licensee agrees to accept shipment of the BumpAds® Wheel Stops, related installation hardware and Artwork Inserts at each location identified on Exhibit A and store and secure same until installation of the BumpAds® Wheel Stops or Artwork Inserts by BumpAds and/or its authorized subcontractors. BumpAds will coordinate with Licensee if these products are to be shipped to Licensee’s location directly or to be delivered by BumpAds and/or its authorized subcontractors. No shipments will be made without the completion of timing and logistics coordination with the Licensee. BumpAds grants to Licensee the rights to market its wheel stop advertising media created by this Agreement in Licensee’s Location(s) as defined in Exhibit A. In respect to advertising in their parking lot, Licensee agrees to exclusively utilize only the BumpAds® Advertising System on all parking spaces on the Licensee’s Location(s) identified in Exhibit A during the term of this Agreement and shall not enter into any other agreement that directly competes with BumpAds or otherwise violate the Patent rights of BumpAds after termination or expiration of this Agreement during the life of the aforementioned patent. BUMPADS PERFORMANCE: following; BumpAds shall perform and assume responsibility for the
1.3 1.4
1.5 2.0
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5..0 5.1
Collect from Licensee the License Fees due under the terms of this Agreement.
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BumpAds Licensing Agreement (Plan 2)
5.2
Provide access to the Licensee’s portion of the BumpAds web site at www.bumpads.com whereby additional Artwork Inserts and other products may be ordered on demand. This section of the web site also provides other tools and options unique to the Licensee in helping the Licensee manage their property locations. Provide availability of additional patented BumpAds® Wheel Stops and replacement parts. BumpAds and/or its authorized printing outlets will print artwork ordered by the Licensee as long as it meets all standards of decency and is compliant with all local, state, and federal laws. When artwork is ordered, the Licensee acknowledges and warrants that it is authorized to place the advertising contained on the Artwork Inserts by any other third party included in said advertising inserts. BumpAds and/or its subcontractors will be responsible for accepting advertising orders through its web site on behalf of the Licensee, or its advertisers, shipping the BumpAds® Wheel Stops to the correct locations and installing the Artwork Inserts on the appropriate BumpAds® Wheel Stops, if ordered by Licensee to do so. BumpAds and/or its subcontractors shall provide the Licensee an electronic copy of the advertisements that will be displayed on the Artwork Inserts (“Proposed Ads”) at the Licensee’s Location(s) prior to installation. If Licensee gives written notice within four (4) business days of receipt of a copy of the Proposed Ads of an objection to any Proposed Ads, such Proposed Ads will not be installed on the BumpAds® Wheel Stops. BumpAds and/or its subcontractors will install BumpAds® Wheel Stops and Artwork Inserts within thirty (30) days of receipt of order and approval from Licensee. MAINTENANCE: Licensee shall be responsible for maintenance of the BumpAds® Wheel Stops and Artwork Inserts as follows: Licensee shall maintain and repair all BumpAds® Wheel Stops and Artwork Inserts on an asneeded basis and incur all expenses of such maintenance program. Since the BumpAds® Wheel Stops are only allowed to be installed pursuant to the terms of this Licensing Agreement, Licensee must insure that all units are properly maintained (clean and not damaged) or have them repaired or removed. Violation of this clause will be a default of this Agreement and cause for termination. BumpAds and Licensee shall respond to customer complaints, claims, and other related operational issues as they may arise and as BumpAds is notified either by Licensee and/or customers directly. Licensee agrees to order repairs or replacement(s) within one week of discovery or notification of damage, ordering the appropriate BumpAds® Wheel Stops and/or Artwork Inserts from the BumpAds web site if damage should occur to the BumpAds® Wheel Stops and/or Artwork Inserts on Licensee’s location(s). Neither the Licensee nor BumpAds are required to purchase and install any more BumpAds® Wheel Stops than are indicated on Exhibit A unless expressly agreed to in writing by both parties. TERMS OF PAYMENT OF LICENSE FEE: The initial term of this Agreement is twelve (12) months. The monthly fee paid herein includes the Licensing Fee charged by BumpAds for the right to utilize the patented BumpAds® Advertising System calculated as follows: Licensee shall pay to BumpAds a monthly license fee (“License Fee”) of six dollars ($6) per month (USD) per space, times the number of spaces in which there is a patented BumpAds® Wheel Stop with an Artwork Insert in place in the Licensee’s location(s). The monthly License Fee is due BumpAds on the 1st day of each month and considered past due on the 5th day of the month and subject to all applicable finance charges currently in effect. The first month’s balance is due at signing. Any insert of a material with any type of printed image (graphical, colorized or not), as long as it has any kind of printed “indicia” on the insert will serve as a violation of the BumpAds® Utility Patents and a specific violation of this Agreement if monthly Licensing Fees are not being paid. Violators will be addressed utilizing all rights granted under U.S. Federal Patent Laws including the specific following terms and conditions.
5.3 5.4
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5.7 6.0 6.1
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8.1
8.2
BumpAds Licensing Agreement (Plan 2)
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Licensee specifically agrees that if it is found violating this clause of the Agreement, Licensee grants BumpAds the unconditional right, to enter the Licensee’s properties and remove either the violating printed indicia and/or BumpAds Wheel Stops at BumpAds’ sole discretion. Licensee will be liable for all costs of said removal of printed indicia and/or BumpAds Wheel Stops. Licensee acknowledges that this violation of the Agreement will mean immediate termination of the Agreement and agrees to pay BumpAds “liquidated damages” of Twenty Five Hundred Dollars ($2500 USD), per space, found to be in violation of this Agreement. Damage payments will be made payable to BumpAds USA, LLC upon notice. 8.3 Licensee may pay BumpAds the monthly License Fee for each Licensee Location via check or most major credit cards. Clients desiring credit terms are subject to credit application and verification. Licensee agrees that should it “lease” the patented BumpAds® Wheel Stops, whatever term the Licensee chooses for its procurement period will automatically extend the minimum term of this Licensing Agreement to match to the term of the Lease Agreement. Therefore, if the Licensee chooses to “lease” the wheel stops with the $1 buyout option for five (5) years, then the minimum Licensing Agreement term will automatically extend from twelve (12) months to sixty (60) months to coincide with Lease Agreement. TERM, TERMINATION AND TRANSFERS: The term of this Agreement shall commence on the first date of the month subsequent to the following month of the shipped date of the patented BumpAds® Wheel Stops (“Effective Date”). and run as long as the patented BumpAds® Wheel Stops are in place on the Licensee’s property location(s), subject to renewals and rights of termination under this Agreement. This Agreement may be renewed automatically by BumpAds at its current rates and conditions in additional one (1) year terms upon written notice prior to the expiration of the initial term (12 months). BumpAds reserves the right to adjust rates in future renewal periods with thirty (30) days written notice prior to the renewal date. This Agreement may be terminated by BumpAds should it, in its sole discretion, determine that the subject premises have become physically impaired or undesirable, determines Licensee is underreporting the total number of Licenses actually being used on the Licensee’s property or if BumpAds believes that Licensee is not in good faith representing the best interests of BumpAds® in its proper fashion and Licensee has failed to correct such impairment within thirty (30) days after receiving a written notice and description of such impairment from BumpAds. Either party may immediately terminate this Agreement upon written notice to the other party for a material breach of this Agreement that is not cured by the non-breaching party within thirty (30) days from the non-breaching party's receipt of a written notice of such breach. Upon such termination, regardless of who is the breaching party, Licensee agrees to remove (at its expense) all BumpAds® Wheel Stop within thirty (30) days from its property location(s) or must use the default blank insert panels in all BumpAds® Wheel Stop. Any insertion of a panel or Artwork Insert with any form of message, advertising “indicia” or printing with any characters or graphics will constitute an immediate violation of BumpAds patent rights. LICENSEE MAY TERMINATE THIS AGREEMENT IN WRITING WITH THIRTY (30) DAYS WRITTEN NOTICE TO BUMPADS AT ANY TIME FOR ANY REASON WITHOUT FURTHER OBLIGATION, AFTER THE FIRST YEAR OF IMPLEMENTATION, subject to the expiration of existing obligations, advertising agreements with third parties and other obligations which survive the termination herein including, without limitation, confidentiality, exclusivity understandings contained and/or referenced herein for ten years after the termination of the Agreement. All conditions as defined in Section 8.4 and 9.4 specifically apply. Licensee also agrees not to directly or indirectly engage in any activity which impairs or negatively impacts upon the patent rights of BumpAds during the life of BumpAds’ patent(s) as may be extended from time to time. Regardless of when Licensee terminates this Agreement, BumpAds will have no liability or responsibility to replace any existing wheel stops that were removed under the terms of this Agreement. The Licensee agrees that it must either remove the BumpAds® Wheel Stop from its location(s) or remove all printed Artwork Inserts on each unit and default to the blank insert panel as the only method of display so as not to be in violation of the terms of this Licensing Agreement.
BumpAds Licensing Agreement (Plan 2) (4) 727-803-1480 Sales * 727-803-1481 Fax * www.bumpads.com 07-15-2007 (L141)
8.4
9.0 9.1
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9.6
Transfer of BumpAds Wheel Stop to another Property. Once purchased, the Licensee shall notify BumpAds of the location of all BumpAds Wheel Stops. If the Licensee relocates a BumpAds Wheel Stop, Licensee shall notify BumpAds, in writing, no later than fourteen (14) days after such relocation of the current location. Licensee shall be liable for all monthly license fees, whether or not the BumpAds Wheel Stop is installed or relocated. Failure to notify BumpAds of the relocation may result in the termination of this Agreement and the immediate repossession of the BumpAds Wheel Stop(s) in question. The Licensee understands that the sale of BumpAds Wheel Stops is contingent upon this Licensing Agreement being in force and hereby grants an irrevocable right of repossession to BumpAds. Transfer of BumpAds Wheel Stop to another Party. Licensee may transfer ownership and control of its purchased BumpAds Wheel Stops, however, Licensee shall remain liable for all monthly licensing fees, and all other liability associated with the BumpAds Wheel Stop until such time as the new owner shall sign a License Agreement with BumpAds. After the new owner signs an appropriate License Agreement, BumpAds shall terminate the obligation of the previous owner upon proper execution of a new License Agreement. Failure to notify BumpAds of the transfer of ownership and the execution of a new Licensing Agreement with the transferee will result in the immediate right of repossession of all BumpAds Wheel Stops subject to the transfer. Further, the Licensee shall be liable for Liquidated Damages in the amount of Twenty Five Hundred Dollars ($2500.00 USD) per BumpAds Wheel Stop that is subject to the violation of the patent rights clause(s) of this Agreement. If the new owner places advertisement on a BumpAds Wheel Stop in violation of BumpAds Patents and/or Trademarks, then the Licensee agrees to liquidated damages in the amount of Twenty Five Hundred Dollars ($2500.00 USD) per BumpAds Wheel Stop and the immediate repossession of all BumpAds Wheel Stops in question, at BumpAds sole discretion and at Licensee’s expense. DISABLED PARKING SPACES: Licensee may choose to deploy advertising in Disabled Parking Spaces based purely on Licensee’s interpretation of local zoning codes. If commercial advertising is deployed in any Disabled Parking Space, it will be subject to normal license fees like all other spaces in the Licensee’s parking lot. Licensee shall be liable for any and all violations of any codes, laws, and regulations applicable to all spaces.
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10.0
11.0 TAXES AND FEES: 11.1 Under this Agreement (Plan 2), the Licensee has decided to utilize the BumpAds® Advertising System for their own internal marketing purposes on their own property or managed locations. The Licensee shall pay all federal, state and local taxes, permits or other fees relative to any sales, excise or use taxes that may be assessed against the purchase, use and placement of the BumpAds® Wheel Stops and/or Artwork Inserts while in or upon the Licensee's premises. 11.2 BumpAds shall comply with all federal, state and local laws and regulations governing the installation, replacement and maintenance of the BumpAds® Advertising System. 12.0 INSURANCES: 12.1 BumpAds, and/or its subcontractors, shall obtain, and maintain at all times that this Agreement is in effect, insurance with insurers generally acceptable to the industry. Such insurance will include Licensee as named insured or similar status of coverage. Insurance is provided by BumpAds and/or its subcontractors for its employees while performing any work on the Licensees’ property location. Any authorized BumpAds’ sub-contractors will provide equal insurance coverage while performing any work on the Licensees’ property location. 12.2 The insurance required herein shall be written for not less than the following, or greater if required by law: .1 .2 Comprehensive General Liability: a) $300,000 Bodily Injury, Each Occurrence. b) $300,000 Property Damage, Annual Aggregate. Comprehensive Automobile Liability: a) $100,000 Bodily Injury, Each Person. b) $100,000 Bodily Injury, Each Occurrence. c) $100,000 Property Damage, Each Occurrence. Umbrella Form of Excess Liability of $1,000,000.
.3
BumpAds Licensing Agreement (Plan 2)
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.4
.5
Worker's Compensation: a) State: Statutory. b) Employer's Liability: $100,000 (The Workers Compensation Carrier shall waive subrogation rights against Licensee, and its subsidiaries, affiliates, employees, agents, officers and directors). Professional Errors & Omissions: $1,000,000.
12.3 Any claims of either party hereto against the other shall be promptly forwarded within two (2) business days to the other party with copies of any suits, correspondence or other documents related to such claim. 12.4 Licensee agrees to protect, defend, indemnify and hold harmless BumpAds, its officers, employees, agents, representatives and subcontractors from any and all claims, liability, damages, losses, costs and expenses sustained by BumpAds, its officers, employees, agents, representatives and subcontractors for the: (a) death of or injury to officers, employees, agents, representatives and subcontractors of Licensee, even though Licensee may be protected from direct suit by any workers' compensation laws, or (b) loss of, or damage to or destruction of property or equipment of Licensee, its officers, employees, agents, representatives and subcontractors, in connection with the licensing of the BumpAds® Advertising System by Licensee or the use by Licensee of the BumpAds® Advertising System. 12.5 BumpAds agrees to protect, defend, indemnify and hold harmless Licensee, its officers, employees, agents, representatives and subcontractors from any and all claims, liability, damages, losses, costs and expenses sustained by Licensee, its officers, employees, agents, representatives and subcontractors for the (a) death of or injury to officers, employees, agents, representatives and subcontractors of Licensor, even though Licensor may be protected from direct suit by any workers' compensation laws, or (b) loss of damage to or destruction of property or equipment of BumpAds, its officers, employees, agents, representatives and subcontractors in connection with BumpAds’ deployment of the BumpAds® Advertising System on Licensee’s property. 13.0 RECORDS: 13.1 BumpAds shall create and maintain all appropriate records required to document all transactions that are made from the BumpAds® Advertising System and to comply with requirements of any and all applicable federal, state or local authority. Such records shall be retained for a period of two (2) years after the record is created, or longer if required by law. Upon reasonable notice, at a reasonable time and in a reasonable manner, Licensee may inspect, examine and audit any records related to the services performed by BumpAds under this Agreement. Such examination shall be conducted at the sole expense of Licensee and at the place where such records are normally kept by BumpAds. 13.2 If at any time during the term a dispute arises regarding amounts of funding due to Licensee under this Agreement, each party shall in good faith use its best efforts to facilitate resolution of such payment dispute through the exchange and provision of relevant data and dialogue. In the event that the dispute cannot be resolved by the parties in the regular course of business, then Licensee shall have a right, upon reasonable prior written notice to BumpAds and during reasonable business hours only, to audit those of BumpAds’ records with respect to the reporting of funding payable under this Agreement; provided, however, under no circumstances shall BumpAds be required to produce, or Licensee be allowed to audit, records beyond the two (2) year period immediately preceding the date of Licensee's written request to audit. 14.0 FORCE MAJEURE: If, because of riots, war, public emergency, fire, earthquake, Act of God, government restrictions, labor disturbances or strikes, business interruptions or any other prevention of the performance of this Agreement beyond the reasonable control of the parties hereto, performance under this Agreement shall be suspended until such time as the reason for the delay has ended.
BumpAds Licensing Agreement (Plan 2)
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15.0 NOTICES: Notice to a party pursuant to this Agreement shall be given in writing and may be sent either by certified first class mail, return receipt requested, hand delivered, or by overnight delivery. All notices shall be sent to the addresses for both parties listed in the first section of this Agreement on Page 1 unless specifically defined below (or to such other address as a party may designate by the giving of proper notice thereof): To Licensor:
BumpAds USA, LLC
111 Second Avenue Northeast Suite 1275 Saint Petersburg, FL 33701 USA 727-803-1480 Phone 727-803-1481 Fax
To Licensee:
______________________________ ______________________________ ______________________________ ______________________________ ______________________________
With a copy to Licensee’s Corporate Office (if applicable):
______________________________ ______________________________ ______________________________ ______________________________ ______________________________
16.0 ASSIGNMENT: This Agreement may not be assigned by either party without the express written consent (said consent not to be unreasonably withheld) of the other, except that a party may assign this Agreement to any subsidiary or affiliate of the party who assumes all obligations of the assigning party, so long as the assigning party remains primarily responsible for all obligations under this Agreement. 17.0 MISCELLANEOUS 17.1 This Agreement constitutes the entire Agreement between the parties with respect to the matters contained herein and all prior agreements and discussions related to this Agreement, oral or written, shall not have any effect as between the parties hereto. There are no warranties or representations by Licensee or BumpAds except as expressly set forth herein. 17.2 This Agreement may be modified only in writing and signed by an authorized representative of each party hereto. No waiver of any right under this Agreement shall be valid unless such waiver is in writing. Any waiver of any right under this Agreement shall be valid as to only a specific instance and shall not be deemed an ongoing waiver of any future right or remedy.
17.3 This Agreement shall be governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Further, the parties submit solely to the jurisdiction of any appropriate court within New Castle County, Delaware for adjudication of disputes arising from this Agreement. 17.4 If any portion of this Agreement is found to be illegal or invalid by a court of competent jurisdiction, such portion shall be modified to become valid within the intent of the parties or if such modification is not possible, then that portion shall be severed from this Agreement and the remainder of the Agreement shall remain in full force and effect. 17.5 Should the parties hereto become involved in litigation related to this Agreement, the losing party shall pay to the prevailing party any costs and expenses of the litigation, including reasonable attorneys' fees, which shall be taxed as costs by the court.
BumpAds Licensing Agreement (Plan 2)
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17.6 This Agreement has been submitted to the scrutiny of both parties and shall be given a fair and reasonable interpretation without consideration being given to its having been drafted by either party or such party's counsel. 17.7 This Agreement may be signed in counterparts and a facsimile or email signature shall be deemed an original for all purposes. 17.8 IT IS AGREED that time shall be of the essence and this Licensing Agreement together with the documents incorporated herein by reference, contains the entire Agreement between the parties and all parties agree that the nature and legal extent of this Agreement and those documents referenced herein are specifically limited to a use license of the patented BumpAds® Advertising System, with other needs (i.e. installation, advertising sales) being covered by additional agreements with third parties, if any;
17.9 BUMPADS MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE SUITABILITY OF THIS AGREEMENT AND SYSTEM FOR LICENSEE. ANY LICENSEE AND/OR ENTITY EXECUTING THIS AGREEMENT ACKNOWLEDGES THAT IT HAS COMPLETED AND PERFORMED ITS OWN DUE DILIGENCE PRIOR TO EXECUTION. 17.10 Licensee’s Management Company: If Licensee is represented by a Management Company, it is declared that the Management Company that signs below has full legal power and authority to enter into this legally binding Agreement with BumpAds on behalf of the Licensee and/or property owner.
PAYMENT METHODS
Monthly Licensing Fees apply to all spaces on the Licensee’s property or properties as defined in Exhibit A with a BumpAds Wheel Stop. This form authorizes BumpAds to automatically bill the credit card defined below for the monthly Licensing Fee amount due based on the number of spaces and total property locations included under this Agreement. (See Section
8.1 for details)
MONTHLY LICENSING FEES:
□ I Authorize the $6 per space, Monthly Licensee Fees to be
(circle) Visa MasterCard AMEX
Charged to the credit card below from ____/_____ to _____/____: Discover
Name on Credit Card:_________________________________ Credit Card Number:__________________________________ Expiration Date:_____/______
BumpAds USA, LLC will appear on your monthly statement.
I certify I am the bank authorized signer/cardholder for the above account and agree to the charges described herein, which will be charged to my credit card by BumpAds every month during the contract period, whether the contract is in my name or being paid for a third party. I acknowledge that I am aware of the terms and conditions of the contract including non-refundable rules, changes in monthly fees, and applicable taxes which may arise and I agree to increase the monthly amount to reflect said changes. Credit Card Holder’s Signature:____________________________________ Billing Address of Credit Card:_________________________________ City: ____________________________State: __________Zip: ______
BumpAds Licensing Agreement (Plan 2) (8) 727-803-1480 Sales * 727-803-1481 Fax * www.bumpads.com 07-15-2007 (L141)
A FACSIMILE, INTERNET OR E-MAIL SIGNATURE, OR COPY THEREOF, SHALL BE DEEMED AN ORIGINAL FOR ALL PURPOSES AND BINDING ON THE PARTIES. THE RECITALS ARE TRUE AND ARE INCORPORATED BY REFERENCE.
Licensee
Co. Name: or: Licensee’s Management Company*:
BumpAds USA, LLC
Signature: Authorized Agent Print Name: Title: E-mail: Phone: Facsimile:
Signature: Authorized Agent Print Name: Title: E-mail: Phone: Facsimile: sales@bumpads.com 727-803-1480 727-803-1481
BumpAds Licensing Agreement (Plan 2)
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EXHIBIT A
If more than a single location is desired under this agreement, list all additional locations below with company name (Store Name and/or Store Location ID #), contact of the local manager, address, phone number and the number of spaces to be licensed at each location. You may also attach a complete listing herein as Exhibit A. Attach additional pages as necessary.
Store Name / Store # Contact / Address Phone # of Spaces _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________ _____________________ ______________________________________ ______________ ___________
BumpAds Licensing Agreement (Plan 2)
(10) 727-803-1480 Sales * 727-803-1481 Fax * www.bumpads.com
07-15-2007 (L141)