{"id":42523,"date":"2015-09-17T11:25:58","date_gmt":"2015-09-17T16:25:58","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/contracts\/uncategorized\/marketing-agreement-and-justice-for-all-inc-and-protective.html"},"modified":"2015-09-17T11:25:58","modified_gmt":"2015-09-17T16:25:58","slug":"marketing-agreement-and-justice-for-all-inc-and-protective","status":"publish","type":"corporate_contracts","link":"https:\/\/corporate.findlaw.com\/contracts\/operations\/marketing-agreement-and-justice-for-all-inc-and-protective.html","title":{"rendered":"Marketing Agreement &#8211; And Justice for All Inc. and Protective Life Insurance Corp."},"content":{"rendered":"<pre>\n                               MARKETING AGREEMENT\n\n         THIS AGREEMENT, entered into this 8 day of October, 1997 between AND\nJUSTICE FOR ALL, INC., d\/b\/a LEGAL CLUB OF AMERICA (hereinafter referred to as\n'CLUB'), a Florida corporation having its principal office at 1500 N.W. 62nd\nStreet, Suite 404, Ft. Lauderdale, Florida 33309; and PROTECTIVE LIFE INSURANCE\nCORPORATION (hereinafter referred to as 'PLICO'), having its corporate\nheadquarters located at 2801 HIGHWAY 280 SOUTH, BIRMINGHAM, ALABAMA 35223\n\n         WHEREAS, CLUB offers memberships to the public, whereby persons may pay\na monthly fee and receive legal services from participating attorneys at a CLUB\npredetermined price;\n\n         WHEREAS, CLUB enters into agreements with participating attorneys to\nprovide legal services to CLUB members at CLUB predetermined prices;\n\n         WHEREAS, CLUB wishes to market and sell its proprietary services to the\npublic, and to enroll additional CLUB members, and the parties have agreed upon\nthe terms under which PLICO shall market these services on CLUB'S behalf; and\n\n         WHEREAS, PLICO and CLUB agree to the following terms for this specific\ncase marketing Agreement, all as set forth below;\n\n         NOW, THEREFORE, for good and valuable considerations, the receipt and\nadequacy of which are hereby acknowledged, the parties, intending to be legally\nbound, agree as follows:\n\n         1. PLICO agrees to use its best efforts to market and sell CLUB\nmemberships during the Term (as set forth below). CLUB does and shall continue\nto market such memberships itself and through other parties, and PLICO shall not\nhave any exclusive marketing rights or any exclusive territory.\n\n         2. PLICO is an independent contractor of CLUB, and is solely\nresponsible for the time, manner and place of performance of its duties under\nthis Agreement.\n\n         3. PLICO shall continuously appoint a representative to act as liaison\nto CLUB; initially, this shall be Steve Klister.\n\n         TERM\n\n         4. The Term of this Agreement shall coincide with the terms in the\noriginal Direct Marketing Agreement signed between the parties.\n\n         MARKETING ,  SALES AND COMPENSATION\n\n         5. PLICO shall conduct telemarketing targeting the lists of leads to be\nprovided weekly by CLUB to sell CLUB'S legal services plan. Said lists shall\ninclude names, addresses, and telephone numbers of individuals that contact a\ntelevised infomercial unrelated to CLUB'S programs. PLICO is responsible for any\nand all costs associated with said telemarketing program. Said costs may include\ntelemarketing service representative costs, toll charges, literature and\nadvertising brochures, and other related items associated with the effort.\n\n\n\n         6. PLICO shall submit all printed and scripted marketing materials to\nCLUB for its approval of their compliance with CLUB'S policies as reasonably\npromulgated from time to time, including but not limited to regulations\napplicable to marketing efforts, advertising, collections and other matters.\n\n         7. CLUB shall review all marketing prior to dissemination and shall\nhave final approval for any and all marketing pieces regardless of the marketing\ntechnique used.\n\n         8. Upon enrolling new CLUB members, PLICO shall remit all new enrollee\ninformation in a computer compatible format on a weekly basis.\n\n         9. PLICO shall bill and collect the price of membership, and subsequent\nmembership in CLUB from each new enrollee. PLICO shall remit to CLUB the ongoing\nmonthly member service charges within thirty (30) days of the end of each month\nfor the number of net members calculated monthly. The final price of membership\nshall be agreed upon by the parties in advance of any marketing in order to\nmaintain regulatory compliance.\n\n         10. PLICO shall remit to CLUB the one time fulfillment fee of $1.85 per\nnew member enrollment within thirty (30) days of the end of the first new month\nof membership. Said fulfillment fee becomes due and payable upon actual\nfulfillment by CLUB regardless of any subsequent cancellation of membership.\n\n         11. PLICO shall remit to CLUB monthly member service charges. Said\ncharges shall be one dollar per month plus twenty percent of the total monthly\namount to be collected by PLICO for each membership. (i.e. $1.00 plus\n$1.80=$2.80 per month based upon 20% of an $8.99 monthly membership fee per\nmember)\n\n         FULFILLMENT\n\n         12. CLUB shall provide fulfillment services to all CLUB members\nenrolled by PLICO as remitted to CLUB. Fulfillment services consist of\nprocessing and databasing all new enrollees, providing attorney information,\npackaging, and mailing a new member kit consisting of a welcome letter,\nmembership card, Planmember Guidebook, Last Will and Testament Questionnaire,\nand Legal Check Up and Fact Sheet.\n\n         CUSTOMER SERVICE\n\n         13. CLUB shall provide ongoing customer service through a toll-free\ntelephone number to all CLUB members enrolled by PLICO on weekdays from nine\no-clock a.m. (9:00 a.m.) until eight o-clock p.m. (8:00 p.m.)EST.\n\n         14. Customer service provided by CLUB shall include servicing all\nmember inquiries, attorney re-assignments, and other non-billing member related\nservices. All billing related inquiries to CLUB from PLICO enrolled members\nshall be referred to PLICO offices.\n\n         15. Except as otherwise provided in this Agreement, any dispute between\nor among the parties, including but not limited to any claim based or arising\nfrom any alleged tort or contract, shall be resolved \n\n\n\n\nby arbitration in accordance with the Commercial Arbitration Rules of the\nAmerican Arbitration Association.\n\n         16. The parties hereby agree if any provision of this Agreement is held\nto be invalid or unenforceable, all other provisions shall nevertheless continue\nin full force and effect.\n\n         17. The parties hereby agree that modification and waiver of any of the\nprovisions of this Agreement shall be effective only if made in writing and\nexecuted with the same formality as this Agreement. The failure of any party to\ninsist upon strict performance of any of the provisions of this Agreement shall\nnot be construed as a waiver of any subsequent default or breaches of the same\nor similar nature.\n\n         18. The parties hereby agree that this Agreement contains the entire\nunderstanding of the parties. There are no representations, covenants,\nwarranties or undertakings other than those expressly set forth in this\nagreement.\n\n         19. This Agreement shall be binding on and inure to the benefit of the\nrespective parties hereto and their successors and assigns.\n\n         20. All references to gender or number in this Agreement shall be\ndeemed interchangeably to have a masculine, feminine, neuter, singular or plural\nmeaning, as the sense of the text requires.\n\n         IN WITNESS WHEREOF, this Agreement has been executed and delivered in\nthe manner prescribed by law on the date first written above.\n\nBY:                                    BY: \/s\/ Charles R. Misasi\n   ---------------------------------      --------------------------------------\n   WITNESS                                PLICO OFFICER SIGNATURE\n\n                                       BY: \/s\/ Charles R. Misasi, Vice President\n                                          --------------------------------------\n                                          PRINT NAME \/ TITLE\n\n                                          [CORPORATE SEAL]\n\n\n       WITNESS                         AND JUSTICE FOR ALL, INC.\n\nBY: \/s\/ MARCI RUBIN                    BY: \/s\/ BRETT MERL\n   ---------------------------------      --------------------------------------\n                                          [CORPORATE SEAL]\n\n\n\n<\/pre>\n","protected":false},"template":"","meta":{"_acf_changed":false,"_stopmodifiedupdate":true,"_modified_date":"","_cloudinary_featured_overwrite":false},"corporate_contracts_companies":[8036],"corporate_contracts_industries":[9504],"corporate_contracts_types":[9613,9619],"class_list":["post-42523","corporate_contracts","type-corporate_contracts","status-publish","hentry","corporate_contracts_companies-legal-club-of-america-corp","corporate_contracts_industries-services__legal","corporate_contracts_types-operations","corporate_contracts_types-operations__sales"],"acf":[],"_links":{"self":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts\/42523","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts"}],"about":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/types\/corporate_contracts"}],"wp:attachment":[{"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/media?parent=42523"}],"wp:term":[{"taxonomy":"corporate_contracts_companies","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_companies?post=42523"},{"taxonomy":"corporate_contracts_industries","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_industries?post=42523"},{"taxonomy":"corporate_contracts_types","embeddable":true,"href":"https:\/\/corporate.findlaw.com\/legal-api\/wp-json\/wp\/v2\/corporate_contracts_types?post=42523"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}