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MUFON
ORANGE COUNTY
VENDOR
AGREEMENT
This
Agreement is entered into this day of, ___________________ , by
and between MUFON-ORANGE COUNTY, 5267 Warner Ave. Ste 275,
Huntington Beach, CA 92649 (hereinafter "Mufon-OC"),
and , (address)(hereinafter "Vendor").
The
parties agree as follows:
1.
Vending Policy. Vendor acknowledges receipt of a copy of
Mufon-OC's Vending Policy, a copy of which is attached hereto
and incorporated herein by this reference, and agrees to adhere
to all the terms and conditions set forth in that policy.
2.
Duration of Vendor Approval. Vendor has requested
approval, and is hereby approved subject to the conditions
below, as a non-exclusive merchandise vendor to sell the
following category of merchandise (hereinafter the
"Merchandise" at the following meeting(s) or event(s)
(hereinafter "Meetings/Events") conducted by Mufon-OC:
Category
of Merchandise:
Date(s)
& Place(s) of Meeting(s)/Event(s):
3.
Conditions of Approval. Prior to any sales being made by
Vendor and any exhibits of merchandise being displayed by Vendor
at any Meeting(s)/Event(s), Vendor shall pay to Mufon-OC the
admission fee applicable to members of the general public for
the Meeting(s)/Event(s), unless Vendor is a member of Mufon-OC,
in which case Vendor shall pay the admission fee applicable to
members.
4.
Sales Tax. Vendor agrees to collect sales tax at the
applicable Orange County rate on all sales of Merchandise made
at the Meeting(s)/Event(s) for which Vendor has been approved to
sell the Merchandise, and to report and remit such sales tax to
the California State Board of Equalization in timely manner.
5.
Vendor's Representations and Indemnity. Vendor represents
and warrants that: (a) Vendor has all permission, licenses,
rights, and title to sell the Merchandise, and that none of the
Merchandise to be sold by Vendor infringes on the patents,
copyrights or other ownership rights of any third party, and (b)
Vendor has a business license permitting sales activity in the
City in which the Meeting(s)/Event(s) is/are to be held, and a
Seller's Permit from the California State Board of Equalization.
Vendor agrees to hold harmless, defend and indemnify Mufon-OC
from any and all liability, claims and damages to any third
party, including any governmental entity or agency, arising out
of the display, sale, possession or use of the Merchandise.
Vendor understands and acknowledges that Mufon-OC's approval of
the sale of Merchandise does not constitute an endorsement of,
or any representation concerning the accuracy or authenticity
of, the Merchandise, and Vendor will not in any way state or
imply to members of the public that it has such endorsement or
representation from Mufon-OC.
6.
Accounting and Fee. Within two days following each
Meeting/Event for which Vendor's sales have been approved,
Vendor shall provide to Mufon-OC at the address set forth above
or any other address of facsimile phone number provided to
Vendor by Mufon-OC, a full and correct accounting of the
Merchandise sold, by quantity and category description, as well
as a report of the total gross receipts of vendor at the
Meeting/Event, inclusive of checks, cash and credit card sales.
Concurrently with the Accounting, Vendor shall remit to Mufon-OC
payment in an amount equal to ten percent (10%) of the first
$200 of such gross receipts and fifteen percent (15%) of that
portion of gross receipts in excess of $200, in consideration
for the right to exhibit and sell Merchandise at the Meeting(s)/Event(s).
7.
Attorney's Fees and Costs. If any action at law or in
equity, including an action for declaratory relief or an
arbitration proceeding, is brought to enforce or interpret the
provisions of this agreement, the prevailing party shall be
entitled to a reasonable attorney's fee, which may be set by the
Court or arbitrator in the same action or in a separate action
brought for that purpose, in addition to any other relief to
which the prevailing party may be entitled.
VENDOR
Name
(print):_____________________________________________________________
Signature:_______________________________________________________________
Company
Name:__________________________________________________________
Phone:__________________________________________________________________
MUFON-OC
by
(Signature):___________________________________________________________
Print
Name,
Title:__________________________________________________________
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