- 27 -
by W&H on the supplier or subcontractor invoices billed to
petitioner.
The Contract provides that W&H would be paid, as compensation
for its services, mailing fees of $.05 per prospect letter mailed
and $.10 per housefile letter mailed, as well as certain creative
fees for each housefile mailing package mailed. On a housefile
package mailed to under 50,000 previous contributors, W&H would be
entitled to a $2,500 creative fee. On a housefile package mailed
to 50,000 or more previous contributors, W&H’s creative fee would
be $5,000. Petitioner would pay a retainer of $1,500 per month to
W&H as a draw against these fees. During the term of the
Contract, all materials, packages, and ideas developed by W&H on
behalf of petitioner would remain the sole property of W&H, and
all such material could be used by petitioner only with W&H’s
written consent.
With respect to petitioner’s mailing list, the Contract
provides that W&H and petitioner would have respective co-
ownership rights as follows:
Section 14. List Ownership. It is expressly
understood, covenanted and agreed upon * * * that any
and all names and addresses and amounts contributed, if
any, of persons, firms, associations or corporations
which are obtained, developed, compiled or otherwise
acquired for CLIENT by or through the direct or indirect
efforts of W&H in connection with any services rendered
by W&H to CLIENT pursuant to the terms hereof shall at
all times be and constitute the property solely and
exclusively of W&H and CLIENT. These names and
addresses and the amounts of contributions, if any, can
be used at any time by CLIENT in any manner, for any
purpose for its own account. CLIENT shall use these
Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 NextLast modified: May 25, 2011