Fulfillment Services Agreement
This Services Agreement ("Agreement") is made effective as of 
* by and
between {contactName} of {businessName13}, and POSER LLC ("POSER") of 6075 The Corners PWKY, 104, Peachtree Corners, Georgia 30092.
DESCRIPTION OF SERVICES. POSER shall assume and discharge all product distribution fulfillment responsibilities for {businessName13}, including: purchasing, labeling and re-labeling, packaging and repackaging, inventory maintenance and shipping, and quality control. POSER shall also perform all marketing, sales, order entry, accounts receivable, collection, and administrative functions related to the distribution of {businessName13}'s products.
Additional services can be provided if described in a separate attachment to this agreement (collectively, the "Services"). The following services (collectively, the "Services") will also be provided by POSER: Build and host your branded gear store. Receive and fulfill all orders generated from the gear store including starter kits and unique items.
PAYMENT. One-time-fees are non-refundable and due at the signing of initial agreement (today). Monthly fees are billed 12 months in advance (today) and will renew in subsequent 12 month intervals unless cancelled in writing POSER shall be entitled to payment in an amount equal to 100% of all sales of {businessName13}'s products distributed by POSER, which amount may be retained upon receipt by POSER with no offset or reduction for returns or uncollected receivables.
ACCOUNTS. POSER shall maintain accounts and records of the sale of {businessName13}s products in such form and detail as to verify the accuracy of the product sales and payments made by POSER under the previous Payment section.
TERM. This agreement is month-to-month and can be cancelled by either party at anytime. Monthly fees are not prorated. Meaning that account cancellations made during a service period will be charged for the entire service period. This Agreement may be terminated by either party upon 30 days prior written notice to the other party.
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by POSER in connection with the Services will be the exclusive property of POSER. Upon request, {businessName13} will execute all documents necessary to confirm or perfect the exclusive ownership of POSER to the Work Product.
RELATIONSHIP. The relationship created by this Agreement is one of product distribution fulfillment between the parties herein. Nothing herein is intended, or shall be construed, to create an agency, partnership, joint venture or other liability-sharing relationship.
INDEMNIFICATION. POSER agrees to indemnify and hold {businessName13} harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against {businessName13} that result from the acts or omissions of POSER and/or POSER's employees, agents, or representatives.
WARRANTY. POSER shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in POSER's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to POSER on similar projects.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this agreement.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have ten days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will 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 and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Georgia.
NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
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.