Fawcett's VideoMarketing
Marketing - Production - Communications
DATE: AUGUST 1, 1999
TO: DENNIS BERARDI
FAX: (561) 781-7282
FROM: BILL FAWCETT
FAX: (949) 363-8609
SUBJECT: A WIN / WIN FOR BOTH OF US
FAWCETT AGREES TO: Price for Training Video in Kit $1.50
Price for Training Tape Sold Separately $2.50
Initial Order of Training Tapes - 1,000
Master has already been shipped to Florida for duplication (30 days term).
TRILOGY AGREES TO: Send 100 Pets Have Feelings Too Videos n/c to Fawcett.
Send 100 Training Tape Videos n/c/ to Fawcett.
Send 100 4/c Trilogy's Best Friends Catalogue and
100 Application Forms n/c to Fawcett.
DENNIS AGREES TO: Influence a major hitter (need not be CA) to sign up
in Fawcett's highly-promotional downline, that has
the 500 Club, the Travel Certs and the Special Events
Calendar.
FAWCETT AGREES TO: Supply 50 Vacation Travel Certificates for Dennis'
promotional use (sample enclosed)
Supply 250 Vacation Travel Certs paid for by Fawcett
will be used by Q and Bill to promote their 500 Club.
READ, AGREED & ACCEPTED
(signature)
William Fawcett
8/1/99
READ, AGREED & ACCEPTED
(signature)
Dennis Berardi, CEO
8/2/99
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Fawcett's VideoMarketing
Marketing - Production - Communications
March 19, 1999
Trilogy International, Inc.
1050 Southwest Chapman Way
Palm City, Florida 34990
Dear Dennis & Carol:
Pursuant to your request, Fawcett Productions, Inc. is pleased to submit, for
your approval, this simple Letter of Agreement that sets forth the terms and
conditions to produce the following:
* An innovative Trilogy Recruiting Video
* To Provide On-Going Marketing Consultation
CREATIVE TREATMENT
I envision producing the most innovative and talked-about Recruiting Video in
the MLM Industry. Instead of talking to the animals, the animals will talk. Dogs
and cats will pitch the petcare products. Who knows better than those who take
the products?
The video will be a combination of the "Wonder Years" technique, where the
animals think aloud with character voices and cartoon bubbles, along with
minimal dog and cat lip motion. Of course, there will be actual on-tape
interviews with Dr. Jane Bicks, Dr. Barry Sears and Dennis and Carol Berardi in
California studio.
It is further agreed and understood that Dennis and Carol will have final
approval of "people" talent prior to production.
CONDITIONS OF AGREEMENT - VIDEO & AUDIO
This Letter of Agreement will serve to confirm our conversations,
understanding, responsibilities and resulting verbal agreements, which shall be
stated as follows:
In consideration of Fawcett Productions, Inc. producing Trilogy's
Recruiting Video below cost, Trilogy agrees:
To grant: Fawcett Productions the exclusive right to duplicate its
Recruiting Video. Trilogy agrees to purchase the 1st 12,000 VHS, G-Zero tapes at
$2.25. Thereafter, Trilogy will purchase said tapes at $1.25 (plus S & h).
It is also understood that, if Trilogy wants 4/c labels, they'll print
video sketches and sleeves and ship to Fawcett for labeling.
To position: Trilogy agrees to place William Fawcett in a "preferential"
downline, a position where Dennis Berardi will place active distributors beneath
Fawcett. It's also understood that Fawcett will use his contacts, database &
marketing acumen to help build the downline.
To pay: Trilogy agrees to pay a good faith deposit of $8,500, upon
execution of the contract.
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To reimburse: Trilogy agrees to reimburse Fawcett's airfare to videotape
Dr. Jane Bicks and Dr. Barry Sears if tapings are in a location other than in
Fawcett's California studio.
Simply stated, everything is included...no surprises. Once the script is
approved, Fawcett Productions, Inc. assumes liability for delivery as outlined
in this Letter of Agreement. It is also understood that price changes,
additional costs or budget overruns, except where specifically noted in this
Agreement, will be the liability of Fawcett Productions, Inc.
PAYMENT SCHEDULE
* Upon Execution of Agreement $8,500 (Good Faith Deposit)
* Upon Completion of Video Trilogy agrees to order 750 VHS Dubs
* RETAIL VALUE OF THE VIDEO PRODUCTIONS $40,000
PROFESSIONAL TEAM
Director Bill Fawcett
Animation Sam Yano
Script Bill Fawcett, David Slaughter, Gloria Uhler
Input Dennis & Carol Berardi
Talent Coordinator Nancy Burkett
Cameramen John Gefrom, Jame Habig
Sound Sean Levin
Lighting Kelly Gee
Editor Dean Hamilton
Music/SFX Bill Trousdale
SCHEDULING
Fawcett Productions, Inc. is aware that "time is of the essence." Research and
scripting will commence upon the execution of this Agreement and receipt of the
first payment. Fawcett has cleared his April '99 Production Calendar to
accommodate the immediate production of Trilogy's Recruiting Videotape.
CLEARANCE
Upon receipt of final payment, all rights to this production will be transferred
to the client, Trilogy, for its exclusive use. These include music clearance,
talent releases and other such rights.
ENTIRE AGREEMENT
This Agreement constitutes and reflects the entire understanding of the parties
and supercedes and replaces all previous Agreements. No waiver, modification or
discharge of this Agreement shall be valid, binding or effective unless in
writing and executed by the party against whom enforcement thereof is sought.
Time shall be of essence in this Agreement.
ARBITRATION
Any dispute arising under, or in connection with, this Agreement or any other
aspect of the relationship between or among parties shall be submitted to and
settled by arbitration in accordance with the rules of the American Arbitration
Association then in effect. Any award rendered shall be final and binding upon
each and all of the parties and judgment may be entered thereon in any court of
competent jurisdiction.
ATTORNEY FEES
In any such proceedings, or any other further proceedings, instituted by one
party hereto against the other with respect to any controversy or matter arising
out of this Agreement, the prevailing party shall be entitled to recover from
the non-prevailing party reasonable attorney fees.
GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of
California. In any such proceedings or any other further proceedings instituted
by one party hereto against the other with respect to any controversy or matter
arising out of this Agreement, the prevailing party shall be entitled to recover
from the non-prevailing parties reasonable legal costs.
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