United Cancer Council, Inc. - Page 43

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          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                   




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Last modified: May 25, 2011