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Telemarketing Agreement

This is an actual contract by RMH Teleservices.

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Sectors: Services
Governing Law: Connecticut, View Connecticut State Laws
Effective Date: July 29, 1998
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Exhibit 10.30


TELEMARKETING AGREEMENT


THIS AGREEMENT has been amended and entered into this 1 day of July, 1998 by and between RMH, with offices at 40 Morris Ave., Bryn Mawr, Pa. and BRANDDIRECT with offices at 101 Town Green, Wilton, CT 06897.


ARTICLE I


TERM


Section 1.01 Term and Renewal and Survival


This Agreement, together with Exhibit(s) A, B and C shall be effective on execution and shall continue thereafter, subject to the right of either party to terminate by giving written notice to the other at least sixty (60) days prior to the date of such termination. Article V, Sections 5.01 through 5.08 of this Agreement shall survive the termination of this Agreement and will continue to be in effect for a period of three (3) years following the effective date of termination by either party.


ARTICLE II


RMH COVENAINTS


Section 2.01. Hiring and Training


RMH shall manage, direct, hire and train all personnel assigned to BRANDDIRECT projects, and RMH shall have sole responsibility for all salaries, wages and benefits of said employees.


Section 2.02. Facilities and Equipment


RMH shall provide all necessary facilities, telephone equipment and proper administrative and clerical support in furtherance of this Agreement.


Section 2.03. Records


RMH shall keep and maintain accurate and complete records of all services performed for BRANDDIRECT. These shall include, but not limited to, records of the number and type of telephone calls completed on behalf of BRANDDIRECT, the number of telephone line and labor hours (including break and off-line time) by Telemarketing Service Representative (TSR) used to complete such calls, the number and type of sales obtained as a result of such calls, clearly audible cassette recordings of all sales confirmations, and in addition complete hard copy records of all sales transactions, as well as, all data transmitted electronically by RMH to BRANDDIRECT.


Section 2.04. Confirmation Tapes


RMH shall retain all confirmation tapes for at least thirty-seven (37) months from the later of the completion date of each telemarketing campaign or the date this Agreement is terminated. Confirmation tapes must adhere to all standards outlined in BRANDDIRECT's Telemarketing Vendor Standards. Upon request, RMH shall make confirmation tapes available within 48 hours for inspection and/or copying by BRANDDIRECT.


Section 2.05. Reporting


RMH shall, on a project basis, render to BRANDDIRECT a daily oral report of all gross calling results performed the previous day and/or evening. RMH shall, on a daily basis, render a written statement in a format mutually agreed upon by BRANDDIRECT and RMH, setting forth the number of telephone calls completed, the number of hours used to make such calls, the number of gross and net (after sales auditing and callback verification) sales obtained during the previous 48 hour period along with all other statistical information deemed appropriate and requested by BRANDDIRECT and RMH.


Where BRANDDIRECT has established certain project basis results criteria, RMH shall notify BRANDDIRECT immediately by telephone, and promptly by written statement of all difficulties encountered by RMH which may result in RMH inability to achieve such results criteria.


Section 2.06. Script Revisions


RMH shall present, prior to use, any and all proposed revisions to the Telemarketing Service script(s), questions sheet(s), answer sheet(s), and objection sheet(s) to BRANDDIRECT for written approval by BRANDDIRECT and its CLIENTS. All such changes when approved in writing by BRANDDIRECT shall remain the sole property of BRANDDIRECT at all times. BRANDDIRECT makes no advance warranty that any proposed revisions will be accepted for use by BRANDDIRECT or its CLIENT and the use of any proposed change may be withheld by BRANDDIRECT or its CLIENT.


Section 2.07. Quality Control


RMH shall
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