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Client Retainer

This website form is for investigative services is entered into by you (hereinafter, “Client”) and IPCybercrime.com LLC, (hereinafter, “IPCybercrime”), located at 3308 Preston Rd. #350-176, Plano, TX 75093, and is subject to the following terms and conditions.

I. TERMS AND NATURE OF ASSIGNMENT AGREEMENT. IPCybercrime.com LLC, a Texas Limited Liability Company, with state license #A14720 provides specialized investigative and consulting services to various clients on a case-by-case basis, and under this Contract Agreement will perform similar services for the Client. IPCybercrime and the Client acknowledge no specific warranty exists relative to the receipt of any third party information, including but not limited to database sources, information brokers, and other non-regular IPCybercrime employees unless their information is in the form of a certified copy of a government document, transcript, or recorded source. In consideration of the above terms and conditions, IPCybercrime will use its best efforts and employ only professional and businesslike standards to develop its investigation without promise or guarantee of specific results. IPCybercrime will make its collective knowledge, expertise, skills, and experience available to the Client throughout the duration of this Contract Agreement. In developing this investigation, both IPCybercrime and Client will comply with all applicable federal, state, county, local laws, and regulations. Both parties agree that Rob Holmes, CEO of IPCybercrime, is designated as the responsible person for and in charge of directing all investigative and supervisory activity. All written and oral information provided by IPCybercrime is confidential and intended for the exclusive use of the Client or the Client’s legal counsel. The Client may not duplicate any of IPCybercrime’s written materials without IPCybercrime’s consent.

II. INVESTIGATIVE & CONSULTING FEES. The Client agrees to pay IPCybercrime the rates of $250.00 per hour for consulting and $125.00 per hour for investigations. The rates do not include travel, per diem, lodging, and other reasonable expenses incurred during or arising from the requested services, should they become necessary.

A. Consulting services are defined as IPCybercrime’s CEO Rob Holmes providing personalized advice, strategic planning, training, research, analysis, writing outside proposals, expert witness testimony, database programming and media relations. Consulting services can be performed via email, phone, in-person or by web conference. General or ongoing consulting will be billed in a minimum of four hours to be paid in advance.

B. Investigative services include, but are not limited to, IPCybercrime employees or subcontractors involved in undercover purchases, lead generation, profiling and/or identifying online offenders, service of legal documents, making arrests, civil seizures, pre-seizure legal owner investigation of brick-and-mortar locations, background check, due diligence, fit to sue profiles, site inspections, skip tracing, domain name acquisitions, trademark in-use reports and website takedowns.

C. Current items with flat rates are as follows: $500 – Field Check, Background Check, Legal Owner Research, Trace/Identify & Profile, Trademark in-use, Fit to Sue; $1,000/each – Domain Name/Trademark Acquisition. If a flat rate is chosen this does not include telephone conversations, advice via email, in-person meetings, expenses or mileage. The initial intake of an assignment is the only exception to this rule.

III. PAYMENT FOR SERVICES. In the event any investigator, director, employee, or operative of IPCybercrime.com LLC, is subpoenaed or otherwise required to make his services available to the Client or any other party or entity as a result of any grievances, lawsuits, investigations, subpoenas, trials, depositions, discovery-related matters, or other similar matters (Proceedings) related to the good faith services provided during this investigation, the undersigned Client shall pay the investigators, directors, employees or operatives of IPCybercrime.com LLC, for attending any such Proceedings. The hourly rate will be the investigative rate, unless the appearance may be defined as an expert witness testimony. The Client will reimburse those IPCybercrime individuals in attendance at the Proceedings, a minimum of a one, eight-hour day for every day they attend the required Proceedings. In addition, in such event, the Client shall pay any reasonable attorney fees or related costs incurred by IPCybercrime.com LLC, its operatives, directors, and employees for legal representation because of their involvement with any such Proceedings. If the investigation is anticipated to extend more than sixty days of work, Client agrees to pay IPCybercrime on a monthly basis for work completed until the conclusion of the investigation. The Client will receive a Billing Statement for the investigative services rendered from the inception of the investigation to its conclusion. The Billing Statement will reflect all retainers and advances paid. The final bill will show the amount due and payable by the Client, which is due and payable upon receipt from the date of posting. Unpaid balances will accrue a monthly interest rate of one and one half (1 ½) percent of the unpaid balance after the first thirty-day billing cycle. Any payment not received within 30 days of notice shall be considered past due and in default. In case of default in payment, the Client agrees to pay all costs of collection including but not limited to reasonable attorney fees and Investigator’s time required for collection.

IV. ATTORNEY FEES. In the event of any action to enforce this Contract Agreement, whether by judicial or non-judicial means, the prevailing party shall be entitled to recover from the other party its attorney fees, expenses, and any related court costs.

V. DISPUTE. In the event of any dispute between IPCybercrime.com LLC, and the Client with respect to breach of this contract, both parties agree to submit their application to the nearest American Arbitration Association for arbitration and resolution. The prevailing party shall be entitled to recover its reasonable attorney fees and costs associated therewith and in connection with any appeal.

VI. INDEMNIFICATION. The Client hereby agrees to indemnify, reimburse, protect, defend, exonerate, pay and hold harmless IPCybercrime.com LLC, and each and all of its’ directors, officers, employees, successors, assigns, operatives, subcontractors, experts, licensees, and affiliates (collectively and individually the “Indemnified Parties”), from and against any and all claims, judgments, damages (including without limitation, punitive damages), losses, penalties, fines, liabilities, including strict liability, attorney fees (including all related costs and expenses), and the expenses of investigation in defense of any claim, whether or not such is ultimately defeated, and of any settlement, judgment, of whatever kind or nature, contingent or otherwise, arising from or in any manner whatsoever out of IPCybercrime.com LLC’s, “good faith” and “commercially reasonable” efforts, activities, investigations or services engaged in or rendered on behalf of the Client pursuant to the terms of this Contract Agreement. The obligation of the Client shall include, but not be limited to (1) the burden and expense of defending all Claims (with counsel chosen by the Indemnified Parties), even if such claims are groundless, false or fraudulent, (2) conducting all negotiations of any description, and (3) paying and discharging, when they become due, any and all judgments, penalties or other sums due from rendered against such Indemnified parties.

VII. CANCELLATION OF CONTRACT WITH CAUSE. With reasonable cause, either Party may cancel this Contract Agreement upon written, receipt notice. Reasonable cause includes but is not limited to (1) a violation of this contract that is not resolved in a timely and expeditious manner, (2) a violation of this contract that has or will cause damage to IPCybercrime’s name or good will, (3) any act of exposing the other party to liability to others for personal injury or property damage, or (4) the non-prompt of incomplete performance of the duties and obligations required by this Contract Agreement.

VIII. SUCCESSORS AND ASSIGNS. This Contract Agreement shall be binding on the successors and assigns of IPCybercrime.