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SHIPPER’S ADVOCATE, INC. SERVICES AGREEMENT

PLEASE READ THIS INFORMATION CAREFULLY. BY COMPLETING ENROLLMENT FOR THE SERVICE YOU, AND THE ENTITY, IF ANY, WITH WHOM YOU ARE EMPLOYED OR REPRESENT, AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.  THIS DOCUMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN SHIPPER’S ADVOCATE, INC. AND YOU, ON BEHALF OF YOURSELF AND THE ENTITY, IF ANY, WITH WHOM YOU ARE EMPLOYED OR REPRESENT (collectively referred to as "CLIENT" hereinafter).  PLEASE PRINT OUT A COPY OF THIS SERVICE AGREEMENT AND RETAIN IT IN YOUR FILES FOR FUTURE REFERENCE.

THE PARTIES AGREE AS FOLLOWS:

1.      CLIENT hereby appoints Shipper’s Advocate, Inc. as its agent for the purpose of auditing the on-time delivery of our FedEx©, and/or UPS© (Hereinafter referred to as “the Carriers”) shipments and obtaining refunds for us and we hereby authorize the Carriers to share our shipment information with Shipper’s Advocate, Inc.

2.      CLIENT hereby grants to Shipper’s Advocate, Inc., during the term of this Agreement, the non-exclusive right to view invoice and package and tracking data made available to Shipper’s Advocate, Inc. by CLIENT or its Carriers.  Shipper’s Advocate, Inc. agrees to use the data solely for the purpose of tracking and determining if shipments are eligible for refund, obtaining such refunds, and reporting back to CLIENT.

3.      Shipper’s Advocate, Inc. agrees to provide the following services to CLIENT: (I) Tracking and refund service, which determines if CLIENTs shipments arrive on time according to the Carrier’s "money back guarantee policy", and then submits refund requests for all shipments that did not arrive on time or packages that were billed by CLIENT’s carrier(s) but never shipped..  (II) Monthly summary and package exception reporting, in Excelâ spreadsheet format.

4.      No ownership rights are transferred by this Agreement.  Each party retains sole and exclusive rights to all of its intellectual property.  Shipper’s Advocate, Inc. remains the sole and exclusive owner of all software used for Tracking and Refund Requests.

5.      Shipper’s Advocate, Inc. will charge, and CLIENT agrees to pay, via check or money order, each monthly, emailed invoice presented by Shipper's Advocate to CLIENT. The invoicing rates are: a flat fee of $10 for $0 to $20 of refunds recovered in a month; a fee of 50% of refunds recovered when over $20 of refunds are recovered in a month.   Shipper’s Advocate, Inc. will make reasonable efforts to ensure that it does not charge for refunds obtained by CLIENT, the Carriers insurance settlements or other credits not due to Shipper’s Advocate Inc.’s efforts.  Shipper’s Advocate, Inc.’s invoices are presented monthly to the CLIENT approximately 30 days in arrears of tracking and refund activity Invoice term are net 30 days and 1% interest added to the balance for each full month or part of month past 30 days

6.      Termination.  Either party may terminate this Agreement at any time.  Upon termination of this Agreement (I) Shipper’s Advocate, Inc, will not download and process information about any new packages, but will continue to complete the servicing of packages already in progress.  (II) Shipper’s Advocate, Inc. will make and CLIENT will pay, a final invoice for fees accrued for packages whose processing was completed but not yet paid, and packages whose servicing was in progress prior to termination but may not be complete for several days after termination.

7.      Shipper’s Advocate, Inc.’s services are provided on a best efforts basis and its liability is strictly limited to fees paid within the last year.

8.      These terms and all claims related Shipper’s Advocate, Inc.’s Services under this agreement shall be interpreted and reviewed under the laws of the United States and the Commonwealth of Pennsylvania. (without regard to the conflicts of laws rules of that or any other jurisdiction). Any claim arising in connection with these terms must be commenced within one (1) year after such claim arises. Any legal action must be brought only in state or federal courts located in Chester County, Pennsylvania, and CLIENT agrees to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim.