- 4 - Agreements Petitioner entered into a contract with Brent-Wyatt East (BWE), on January 22, 1982 (1982 Agreement), in which BWE agreed to conduct an "earnings" program (the Program) for petitioner. The 1982 Agreement provided that: (i) Its term would be for 3 years from January 1, 1982, but would terminate upon written notice by one party to the other of breach and the failure of the defaulting party to cure the breach within 15 days of receipt of the notice; (ii) BWE agreed to conduct the Program by "marketing advertising" on behalf of petitioner through a telephone solicitation and to produce, publish, and lay out at least 1,000 yearbooks; (iii) petitioner would receive 41 percent of gross weekly collections and any amounts left after all Program obligations have been met but not less than $100,000 for each solicitation, which was to occur annually; (iv) BWE would receive 7 percent of gross weekly collections; (v) telephone salesmen, field representatives, and office managers, who worked for both petitioner and BWE, would receive 31.5 percent of gross weekly collections; (vi) the parties would receive amounts due them at weekly settlement meetings;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011