SALES DATA AGREEMENT - BSMGR
BOOKSTORE MANAGER SOFTWARE SALES DATA AGREEMENT
This Agreement is between Bookstore Manager Software, Inc. ("BSMGR") and _________________________________ ("Supplier").
WITNESSETH:
WHEREAS, Supplier is a retailer of evangelical products and operates retail store(s) which sell Christian books, software, prerecorded music, video, and other Christian communications media; and
WHEREAS, BSMGR seeks to receive such sales information from Supplier and Supplier desires to furnish such sales information to BSMGR.
NOW THEREFORE, in considerations of the premises and the agreements herein made, the mutual benefits to be derived from this Agreement, and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, the parties (BSMGR and Supplier) agree and understand as follows:
1. Term. This Agreement shall continue to be in effect until either party terminates this Agreement by providing 30 days advanced, written notice to the other party of the termination.
2. Providing Sales Data. For the Term of this Agreement, Supplier agrees to provide BSMGR with 1) New Title information, and 2) all sales information (the “Sales Data”) regarding Christian product (including, but not limited to Christian books, videos, and music, Bibles, and software). Sales Data will be automatically transmitted to BSMGR weekly via Windows Task Scheduler or UNIX cron, after initial set-up. Supplier understands and agrees that BSMGR will thereafter transmit the Sales Data to Christian SoundScan via their designated collection site, currently, Spring Arbor, so that they may generate comprehensive sales reports from the data. Supplier will periodically receive aggregate sales data from BSMGR for creating sales reports and “missing titles” reports. All such reports and data are for the sole use of the Supplier and Supplier is prohibited from selling or sharing these reports or the data with others.
3. Sales Data Confidentiality. BSMGR shall treat the Sales Data as confidential and shall not use the data for any purpose other than such envisioned by this Agreement. BSMGR shall instruct its employees to keep the Sales Data confidential by using the same care and discretion used with respect to its own confidential information. BSMGR shall keep Supplier’s specific Sales Data confidential and shall not make, disseminate or make available such Supplier-specific information to any of its customers or any others except as stipulated by Supplier in Section A, it being understood that all Sales Data provided hereunder is to be combined together with Sales Data received from other data suppliers (Christian bookstores), in such a manner as to render the source of the Sales Data untraceable. Only aggregated Sales Data from multiple data suppliers will be used to generate sales data reports. Supplier agrees that BSMGR will own the aggregated Sales Data for all purposes. At no time will individual store sales data be made public or viewed by other suppliers.
A. Supplier authorizes Supplier-specific information be made available to the following companies/entities:
CMTA Christian SoundScan__________ ________________________________
__________________________________ ________________________________
4. Notice. Any notices, including termination of this Agreement, must be in writing and sent to the following address:
BSMGR, Inc.
ATTN: Trudy Box
201 Fannin Street
Abilene, TX 79603 Fax: (325) 673-0527
5. Governing Law and Venue. This Agreement is governed by the laws of the State of Texas. Venue for any cause of action arising under this Agreement shall be in Taylor County, Texas, USA.
6. Acceptance. BY MY SIGNATURE, I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THIS SALES DATA AGREEMENT; THAT I AM AUTHORIZED TO ACT ON BEHALF OF MY COMPANY; AND THAT I AGREE TO BE BOUND PERSONALLY AND CORPORATELY BY ITS TERMS.
__________________________________________ __________________________________________________
Signature Company & Account Number
__________________________________________ __________________________________________________
Name/Title Address
__________________________________________ __________________________________________________
Date E-mail address
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