Why not leverage the internet to get the broadest possible marketing exposure for your comedy products. We've made a substantial commitment to comedy merchandising. In fact, we control the largest network of online comedy stores and marketing venues on the internet, no one has more. We are dead serious about online comedy merchandising. CD sales are critical to any comedy career and are a major profit center that can help you build a permanent fanbase. In fact, buyers of your CD's are added by our staff to your Video Email Marketing database if you are an World Comedy Network Video Email client.

We offer a simple online marketing system that delivers pre-paid CD orders via email. If you already have an inventory, we simply send the orders, keeping the difference between the retail and your wholesale price. It costs you nothing to get started, although we require 2 promotional copies each year (autographed) to help us with our marketing effort. All we ask is that you or your staff ship our orders within 3-business days with our shipping label. You must have a free PayPal.com account in order to receive pre-paid orders.

Comedy Product Sales Agreement
Name
Address
City
State Zip
eMail Address
Contact Phone
Office Phone
Web Site (If Any)
PayPal Account ID (Email)

Please read complete agreement terms before accepting:

SALES AND MARKETING AGREEMENT

This Sales Agreement (this "Agreement") is made effective upon receipt of this submitted agreement between the submitting party, the "Publisher" and Don Lokke DBA Lokke Advertisiing the "Seller".

In the "Agreement", the party who is granting the right to sell the licensed property will be referred to as "the Publisher", and the party who is receiving the right to sell the licensed property will be referred to as "Seller" . The parties agree as follows

1. GRANT OF LICENSE. In accordance with this Agreement, the "Publisher" grants "Seller" a non-exclusive license to market and sell "Publisher's" products as listed in the Product/Price Addendum (Products). The "Publisher" retains all title and ownership of to all Products.

2. MARKETING. "Seller" agrees to advertise and market "Publisher's" Products in a wide range of sales venues to be determined by "Seller" including over 4000 online stores, marketing web sites, auction sites, and online classifieds. "Seller" will generate any necessary Product graphics, audio or video clips and create a publicly accessible web based Product sales site for each Product upon receipt of product samples as required in this Agreement. "Seller" charges NO "Publisher" or Product setup fees, marketing fees or participation fees. All standard marketing services will be funded by "Seller" based upon anticipated profits to be made on future Product sales.

3. PRODUCT PRICING. Product will be offered to both retail consumers and wholesale buyers. Pricing will be determined by "Seller" based in part on the Product/Price Addendum provided by the "Publisher". "Seller" may increase or decrease stated retail shipping fees or modify the retail sales price to enhance profits as deemed necessary without notice to "Publisher" so long as modifications do not affect the "Publisher" fees required by "Publisher" from "Seller" as stated in the Product/Price Addendum.

4. MARKETING SUPPORT. "Seller" will require from "Publisher", 2 promotional artist autographed copies of each Product per year or at any time packaging or content changes, which will be used for marketing purposes or as deemed necessary by "Seller" to promote sales. "Seller" further reserves the right to excerpt up to 3 minutes of audio or video for promotional use, write product reviews and descriptions in furtherance of sales and issue news releases as sales and marketing support for Products. Should "Publisher" require additional marketing events, service or materials beyond those planned by "Seller", an estimate will be provided to "Publisher" by "Seller" for such. "Seller" will receive an additional marketing fee in addition to the actual cost from "Publisher" equal to 30% of the cost of any "Publisher" requested marketing events, services or materials to be paid in advance by "Publisher" to "Seller", estimated cost to include all costs including but not limited to, materials, preparation, planning and any required staffing or travel.

5. PRODUCT DELIVERY AND AVAILABILITY. "Publisher" shall be responsible for timely Product delivery to the retail customer and will ship Product under the name of "Seller" . "Publisher" further warranties that "Publisher" will maintain adequate inventory and ship all Product orders within three business days (3-days) of payment. "Publisher" will email a shipping notification containing, shipping date and carrier for each order.

6. PAYMENT. Product purchases will be accepted on behalf of "Publisher" by "Seller". Each Product order will generate an email notification directed to the "Publisher" and be accompanied by payment to the "Publisher" of the agreed upon Price to "Seller" plus the shipping fee stated in the Product/Price Addendum via PayPal or other agreed upon online payment service prior to shipping.

7. REFUNDS. "Seller" offers a 15-day Satisfaction Warranty on all Products sold. Warranty provides for replacement or refund of the purchase price upon return of Product at consumer's expense. Refunds will be issued as a last resort within 30 days of purchase. When a purchaser requests a refund, "Seller" will first contact the "Publisher" by email with the refund request information to allow the "Publisher" the opportunity to resolve the issues directly with the purchaser. "Seller" will only issue a refund when a) instructed to do so by the "Publisher" within 30 days of purchase or b) the product is defective and can not be replaced by the "Publisher" c) "Publisher" fails to deliver Product within 21 days of the purchase. An amount equal to the original amount paid to the "Publisher" for a refunded sale plus a $2 refund processing fee will be debited from any funds due the Publisher.

8. RECORDS. "Seller" will rely upon accurate records provided by PayPal or other payment service for all sales reporting requirements. Individually identifiable information from each sale is provided to the "Publisher" for shipping purposes only. "Publisher" recognizes that all customer information provided to "Publisher" is the proprietary property of "Seller" and "Publisher" is NOT to redistribute this information to any third party for any purposes whatsoever. "Publisher" is prohibited by this Agreement from directly or indirectly marketing additional Product(s) to "Seller's" customers in a manor that would circumvent or compete with "Seller" for additional sales to said customers.

9. SUPPORT. "Seller" will support it's customers throughout the sales process providing follow-up and response to information requests regarding product and shipping issues. "Seller" will be responsible for providing technical support to purchasers of the Products.

10. OWNERSHIP. The "Publisher" warrants that it owns and possesses all rights and interests in the Products necessary to enter into this Agreement, and shall indemnify, defend and hold "Seller", its agents and employees, harmless from any loss, damage or liability for infringement of any U.S. patent right or copyright or other property right with respect to the use of the Products described hereunder; provided, that "Seller" permits the "Publisher" to defend, compromise, or settle said claim or infringement and gives the "Publisher" all available information, assistance and authority to enable the "Publisher" to do so.

11. DEFAULTS. If "Seller" fails to abide by the obligations of this Agreement, the "Publisher" shall have the option to cancel this Agreement by providing 45 days advance written notice to "Seller" .

12. ARBITRATION. All disputes under this Agreement that cannot be resolved by the parties shall be submitted to arbitration under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 45 days written notice to the other party. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law.

13. TRANSFER OF RIGHTS. This Agreement shall be binding on any successors of the parties. Either party shall have the right to assign its interests in this Agreement to any other party, upon the prior written consent of the other party.

14. TERMINATION. This agreement shall remain in force for a period of no less than two years after which it may be terminated without cause by either party providing 45 days written notice to the other party.

15. ENTIRE AGREEMENT. This Agreement and the attached Product/Price Addendum contain the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. "Seller" reserves the right to refuse to sell or represent Products for any reason.

16. AMENDMENT. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties.

17. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

18. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

19. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Texas.

20. LIMITATION OF LIABILITY. "Seller" shall not be liable for any direct, indirect, special, incidental or consequential damages, whether based on contract, tort or any other legal theory, arising out of any use of the Products or any performance of this Agreement. Notwithstanding any other provision of this Agreement, "Seller's" liabilities under this Agreement, whether under contract law, tort law, warranty or otherwise, shall be limited to direct damages not to exceed the amounts actually received by "Seller" from the "Publisher" pursuant to this Agreement. No action, regardless of form, arising out of any transaction under this Agreement may be brought by either party more than one year after the injured party has actual knowledge of the occurrence which gives rise to the cause of such action.

Product Addendum:
Artist Name
Product Title
Format (CD/DVD/Video/Software)
Release Date
Runtime
MSRP ($15 or more)
Wholesale - Price to Seller
Note: To achieve acceptible margins on case sales (10 CD's per case) to comedy
clubs, we need a wholesale price equal to 1/3 of MSRP. Higher
wholesale pricing may limit sales to retail only.)
Wholesale Shipping Fee per CD
Note: Standard USPS First Class mail should be 1.25 per CD. Case shipping
approx $12.50
Quantity Available
URL to Product Graphic
URL Product Audio Clip
URL Product Description

Date

Promotional CD's must be shipped within 30-days to:
Lokke Advertising - Online Sales
7721 El Padre Lane
Dallas, Texas 75248

For artists that prefer to market their own CD's, we still offer a range of production services on a project basis including CD cover, insert and label design, UPC barcoding, even audio editing and sound enhancement. Analog to digital conversions are also available. Just request a project bid.