Exploitation Retainer Services

What is good for them should be good for all of us -- it's time to feed corporate capitalists everywhere a little of their own medicine!

Convenience and the Consumer Class

Many times since I was old enough to think about it I’ve tried to discover what it is about convenience that makes it so desirable, so logical, so cutting edge, and how inconvenient, undesirable and disappointing, and just a downright waste of money and time it really turns out to be in many instances.

Credit cards, portable telephones and now cell phones, automatic computer updates, debit cards, video recorders with timers, governments which gleefully and unfairly tax but continue to cut social programs, natural gas heating, electricity and even the taken-for-granted hot tap water – get this, get that... smart moderns use these... when you’re finished, just throw it away... bla bla bla bla bla.

I started to wonder whose convenience ‘they’ were talking about in TV ads, chronicling in the papers, blaring conveniently from the car radio, popping onto billboards everywhere and popping up so conveniently on the computer too.

It was Christmas Eve again. I was standing in line at a grocery checkout waiting my turn with some last minute items and about a thousand other patient, cud-chewing, good folks. Everybody had a debit card instead of cash, and the networks were painfully slow because of the clog in every shop, every mall for 2000 miles in any direction. And I wished I and the 6 people in front of me had brought cash, to speed things up so I could just get the hell outta there and home to a little old Xmas cheer. How inconvenient, that we all have these cards…

Then it dawned on me. The cards in our wallets weren’t about our convenience at all, but about how much more convenient it is for a huge company to just vacuum up electronic currency from us, stroking us just right until we give up a little nectar like ants do to aphids, to bombard us all with reasons to buy buy buy, or make it easier for us to buy buy buy or issue us a bill on a monthly basis and then just watch the cash roll in like waves on the Yucatán Peninsula.

After all, it is our right as members of a free society to be able to get rich if we decide we want to, and it is on that basis we as a society not only tolerate but admire, covet and defend the ‘good fortunes’ of rich people, and epitomize their winning strategies which includes, ironically, describing them in minute detail in ghost-written books that strangely make the NY Times Best Seller List with amazing regularity.

As usual during these negative epiphanies, I started to feel like a speck of krill drifting towards the inevitable, awash this time on the unbounded Tides of Persuasion.

And then I got it. The Idea. I waited for it to turn out to be someone else’s, looked for evidence of it off and on for quite awhile but as far as I can tell nobody yet has hit on this, or at least, lived long enough to write it down. Well, admittedly I did read Atlas Shrugged in my teens, and I remember hearing about some guy down East who billed a doctor’s office for wasting his time, but this seemed to be unique somehow.

Here it is: If I can be billed monthly or taxed annually for what I have been told are 'essential services', or even for all the convenience that we seem to need to give our lives meaning in a post-post modern World, then why can't I bill back for being available for exploitation? What's good for the 'big guys' is good for the little guys, or so we’ve been told. No double standards in this, the best of all possible Worlds, ha ha!

I’ve thought for a long time that terms like consumer, campaign, protest, awareness, etc. seem to me to imply powerlessness. Sure, a movement can get up some good steam, but like a solar flare, seems always to get pulled back into the giant thing from whence it sprang. We as working schnitzels exist solely to feed the corporate mechanisms and the underlying abstract of state, of wealth generation and inequitable distribution, always have. We don't even know what it's like not to, it's been going on for so long – we were even blatantly referred to as cannon fodder in a not too distant past.

So, I have decided to stop seeing myself as an end user and progressively more and more as a provider of a real essential service, namely being available for exploitation.

In a nutshell my concept is like signing up for a credit card in reverse: there is an introductory offer to the company in question waiving the usual setup fee, and access to my services is available as long as (whichever company) continues to pay their bills. This could include access to my children's minds (for a very high monthly fee), electrical consumption, gasoline, automakers, you name it - anything that has stockholders who consider increased cashflow their right and therefore a foregone conclusion.

Is it legal? Well, is it legal to bill for a service? Of course it is. By the same token is it legal to coerce millions of people using any means necessary at your disposal barring brute force, simply to establish and justify a steady, uninterrupted flow of cash? Maybe it shouldn’t be legal, and although it is at least unethical many, many corporations have been doing it for a hundred years if not longer. So what’s wrong with fighting fire with fire?

What are you gonna do if they won’t pay? Well, I’ve already got a contract in essence, right? Years and years of a relationship where I’ve recently put up with substantial cost increases with no say or control. I’m not a piece of meat, I’m a stakeholder if there ever was one. So my thinking is if they want my business they will have to listen to me – it’s an unwritten protocol of commerce: “There have been some changes to my corporate policies and I’ve decided to break out some of the costs that have always been there so you can see where your money’s been going.” Sound familiar?

Like their policies, if in 90 days there isn’t payment, I will have no choice but to discontinue service. That means if we are talking about a gas company, I have to call them to come and get their meter. Or if it’s an insurance company, that I cancel my policy. This may not sound workable, and admittedly may work better if you already have a wood heater and some solar panels on the roof. They’d probably think we're bluffing, until they realize we really do mean it. And, well… the customer is always right, eh?

One of the strategies of convenience for gas and electrical utility companies is the Budget Payment Plan, or Level Billing Plan. Whatever you want to call it, it is promoted as being easier on your pocketbook, featuring convenient equal monthly payments. But actually it’s about cashflow for the company during the summer, a period when home heating fuel isn’t selling very fast. It’s not a cheat exactly, but it is an exploit. A perfect example of how we are being treated like a planet full of meatheads, by, well, a planet full of corporate meatheads.

Even if you don’t own the house you are in, the gas bill is still yours to pay, Budget Payment Plan or not. Imagine May 1st and 10,000 of us are discontinuing our services (letting our natural gas providers know that we’re terminating our commercial relationship with them), on the same day, and charging them a $45 reconnect fee in October when they try to levy a similar charge on all of us for reestablishing our symbiosis of service/exploitation.

Hey, why not? It’s a free enterprise system we’re living in and as we all have come to know, anything goes.

The government/corporations can’t afford that, it’s not workable. Well, I will never forget the wild grin on the face of the Enmax spokesman reporting in the Calgary Herald about how Enmax realized an 85 million dollar profit increase in the first fiscal quarter of 2002 compared to the same period one year before, after the company introduced new billing fees in 2001, when electricity was privatized. Enmax lived without that extra $40 a month from me before ‘deregulation’, and were in a profit position already, so if I have to learn to bill like a credit card company to get it back so I can afford electricity again then I guess I’d better start to tool up.

Isn’t that fraud? How could it be? We are all just sitting there waiting to be harvested like a frigging field of barley anyway, and so that seems just a little one-sided. Difference is though, barley can’t speak up for itself. Our entire Globalized economy is predicated on one thing – confidence – and on the presumption that everyone bought into the idea that economics is a science, which it is not (it’s a humanity).

And remember, anything goes in the realms of commerce - e caveat emptor, right? So it’s obviously all set up like a con, everybody knows it, and the marks are us, the consumer class, a culture of domestication so omnipresent that when a person does snap out of the trance or is already immune to the dylectic, it can be immensely frustrating to watch other people who, still doped by the constant hypnotic barrage seem to demand to be taken advantage of.

So if some VP were to call foul, it would be an open and shut case of the skunk smelling it’s own ass first as it were, if you ask me. This isn’t a new idea, it’s just one which hasn’t been explored yet, and I’ll bet there have been board room jokes based around the line ‘what if everybody catches on some day?’

Well, what if we do? It smells like good old Capitalism to me, so the big guys can’t complain ‘cause I’m using their rules, right? ‘They’ bombed Guernica out of existence back in 1937 because some Spanish people got tired of going backwards under the watchful eye of their Capitalist overseers, got together to cooperate to the end of doing better for themselves and got squashed like bugs ‘cause that’s Commie-nism, gall-dornit.

Of course, there is the possibility this would finally bring out the big guns again. After all, like the annihilation of Guernica, none of it was ever about people or as if people really mattered – and as cynical as it sounds I still believe our existence is only about achieving a level of technology which will provide relative immortality for those who can afford it. Once there, we, the great unwashed, will no longer have a purpose. Ipso facto, at least as far as their shallow thinking is concerned God has allowed them to get rich on Earth, which in their squirming little minds just proves they deserve immortality. Oy.

But if empowerment is the only antidote to the Tactics Of The Perpetrators Of Oppression it’s bloody well gotta be done, and as ‘they’ say, there’s no holding back a good idea whose time has come.

So start designing your own application form using the templates here, and get your databases ready!


Sample Form Letter

Just copy and paste into your favourite word processor. Add a header with your name and photo at the top, then add a footer at the bottom with your contact information e.g.: mailing address, phone number, email, etc. Do an automatic search for Your Name Here and replace with your real name. I would suggest reading anything I've written, and change things to suit yourself. Lose the colour, make it less tongue-in-cheek, more formal... this is just a sample after all.

Merlin

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Date Year

Dear Madam/Sir:

More and more government services seem to resemble a series of transactions, and I have to say I find that to be quite refreshing. Like someone once said, “There’s no government like no government”, and since government appears increasingly to mimic big business, I recently thought to myself This is great! because now I can participate on a level playing field, with all the other corporate players!

The advantage I have of course, is that I have already been ‘incorporated’, by God, for lack of a better explanation. You do believe in God, don’t you? The Canadian Charter seems to, and I know our current Prime Minister Stephen Harper with his direct ties to social conservatism does -- he and I are corporations apparently created by God unlike the other corporations you are familiar with, all of which without exception were created by… lesser beings.

Honestly, I don’t know why I wept at the decline of things like forests, fisheries and clean water at the hands of industry, and the relative good health that seemed also to decline as they were systematically compromised. It was so stupid of me to have accepted the labels heaped upon me by corporate players, labels like commie, leftie, wool socker, tree hugger, idealist, when I could have been enjoying life working on an oil rig somewhere, helping build the New World Order. I can’t believe I was so dumb, because now that I’m a player too I can see how pointless it was to think way. But, back to business!

During regular intervals of reflection over the last decade and a half, I have had the chance to study in meticulous detail what has happened to me along with a vast host of other people , and I have repeatedly concluded that you or your institution in effect owe me, a bona fide Corporation, quite a lot of money for constantly being there -- 24/7 -- for your direct benefit. Lets do a little math. Let's say I'm one of the lucky ones who managed to scrape together about $2,000 a month on average for the last 15 years, before deductions:

$24,000 x 15 years = $360,000 x 4% Vacation Pay = $14,440 + $360,000 = $374,440.

That's hardly a living wage, considering all of the hidden costs of modern existence: factor in day-to-day stress, financial and environmental uncertainty, a pending Americanized health care system, a decent cell phone plan, ever-increasing fuel, insurance and funeral expenses, you get the drift... especially in light of perennially exorbitant credit card interest rates!

Honestly, how many of us can really afford to just get up every morning and go to work, let alone face an uncertain future without hope of ever emerging from our debt load as we helplessly watch public services dwindle, never mind putting money away and saving for retirement!

Luckily I have come up with a workable plan, and as an idealistic adherent or acolyte of Crisis Capitalism I'm sure you will agree.

If you SUBSCRIBE to retain me for EXPLOITATION AVAILABILITY, I am willing not only to FORGIVE THE PAST, but also to WAIVE THE ONE TIME SETUP FEES, plus offer you 30 DAYS OF FREE WAR-OF-ANY-KIND EXPLOITATION AVAILABILITY WITH NO TRANSACTION CHARGES!


That adds up to HUGE SAVINGS for you!

And, if you also SIGN UP NOW for my Exposure To Various Media, Exposure To Media Child, Damage To The Environment, and GM Foods and Patented Life Forms Exploitation Retainer Services, I will include ONE ENTIRE YEAR FREE of Transaction Fees AT NO COST TO YOU WHATSOEVER! That's right, absolutely FREE!

WHAT YOU GET WHEN YOU SUBSCRIBE:

I will not only MAKE SURE I am AVAILABLE FOR YOUR EXPLOITATION 24/7, but I WILL ACTUALLY BE ABLE TO AFFORD IT! Think of the advantages of having people who don’t complain about slashes to public programs for instance because they have the money to pay for things they used to get when Public Health Care for example was run AS IF PEOPLE MATTERED. Think how much easier it would be to successfully EXTEND THE AFGHAN MISSION INDEFINITELY and keep your corporate elitist American friends happy when your people do exactly what they are told with a smile every time, no questions asked, using the time-proven EXPLOITATION RETAINER SERVICES system!

It all adds up to INCREDIBLE SAVINGS, plus if you SUBSCRIBE WITHIN THE NEXT 7 DAYS you’ll also receive a FREE GIFT! So why not take a few moments to complete the attached application and mail it today!

Sincerely,


Your Name Here

President and CEO

P.S. Act now and you could qualify for a credit to your account for precious time you may have already spent trying to help 'Deep Integration' get off the ground without anybody noticing!

-- Your Name Here



Exploitation Retainer Services

Once again copy and paste, then add your name to a header at the top and address etc to a footer. The formatting is likely to be a little funky (tables are still weird after all this time), so just mess around with it until it looks like it should. Search and replace Your Name Here for your actual name. Add/change as many packages as you want.

Merlin



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EXPLOITATION RETAINER SERVICES APPLICATION


1. Company Information

Company Name



Type of Business

Since

Trade Name

Description of Exploitation The Company Engages In



Limited Company ____

Partnership ____

Proprietorship ____

Not For Profit ____

Multinational ____

Jurisdiction Of Company Registration

State/Prov Country





GST/Tax ID Number

Web Address

City



Prov/State


Primary Contact Name

Country



Postal Code

Phone Number



Fax Number

Primary Contact Email


2. Ownership Information

Provide complete information for all those with more than 20% ownership. Use additional sheets if necessary.

Name

Date of Birth

Citzenship

SSN / SIN



Current Street Address



City

Prov/State

Zip/Postal Code



3. Business Information

Estimated Gross Monthly Income?

$

What is the average amount of each sale?

$

What is the largest anticipated amount for each sale?

$

How many days between the transaction date and the shipping date?


Company Financial Statements

Enclosed ____ Mailed ____

Please check your delivery methods (required):

____ The majority of our goods are physical goods or services which will be delivered to the purchaser.

____The majority of our goods are physical goods or services which are available in retail outlets.

____The majority of our goods are electronic or intellectual goods delivered by internet, TV or other media.

* I reserve the right to verify the above methods on a periodic basis.





Exploitation Retainer Configuration

All transactions by Electronic Funds Tranfer deposited directly into my account for your convenience. Check all that apply.

Package

Setup

Monthly

Transaction Fee

____ Basic Services, Generic

$99

$69.99

$0.74

____ Extended Services Package

$99

$69.99

$0.39

____ Exposure To Various Media

$99

$69.99

$0.29

____ Exposure To Media, Child, Each

$99

$999.99

$9.99

____ Any Form of Privatized Health Care

$99

$1,499.99

$69.99

____ Telephone Harassment

$99

$69.99

$99.00

____ GM Foods, Patented Life Forms

$99

$499.99

$19.99

____ Human Genome and Related

$99

$499.99

$44.99

____ Environmental Degradation (includes Global Warming & Nuclear Energy)

$99

$1,499.99

$144.99

____ War, Of Any Kind, On Any Scale

$999

$9,999.99

$999.99



I/we authorize Your Name Here to debit my/our credit card or my/our bank account for all charges as selected above. All ongoing and service charges will be debited from my/our bank as listed below. I agree to paying the Setup Fee at the time this application is ‘Approved’. I authorize Your Name Here to charge my/our credit card for any outstanding fees in the event that funds cannot be debited from my/our bank account.


PLEASE COMPLETE ALL FIELDS Pay Setup Fee from ___ bank account ___ credit card

Payment Method

Visa ____

Mastercard ____

Card Number

Cardholder Name


Bank Account ____

(Attach Void Cheque)

Bank Name

Bank Address

Transit Number



Bank Account Number

Bank Account Name




Signature




8. Agreement

The undersigned declares that the statements herein are for the express purpose of obtaining permission to retain Your Name Here for the purposes of exploitation that will not cause him to come into harm's way or endanger his life, health, mental well being, etc, and are to the best of my/our knowledge and belief, true and correct. The applicant understands that additional information may be required before consideration can be given to this application. The applicant consents to having Your Name Here make any inquiries of such persons, firms, government bodies, NGO’s or corporations as he deems necessary in order to reach a decision on this application.




The undersigned also confirms by signing that they have read and understand all Terms and Conditions contained or implied by this contract, and agrees by signing to abide by these Terms and Conditions.




______________________________ _____________________________ ____________

Applicant’s Signature Authorized Name Date




Terms and Conditions

This is the manifesto, the real heart of the concept. It's based on an actual merchant services application form (as is the preceding application), but my terms have been modified to reflect what I feel is a human perspective.

Once again copy and paste, add a photo and your name to the header, and address etc. to a footer in your favourite word processor. Change anything you like to suit yourself.

Merlin


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TERMS AND CONDITIONS

of the Exploitation Retainer Services Application

1. Description of Service.

Your Name Here is an actual corporal person who has feelings, and physical and spiritual needs, with a tangible relationship to the Earth and the Cosmos. Using this service, the Institution acknowledges it too has through its principles, a similar tangible relationship. On this basis the Institution acquires consent to include Your Name Here in its activities directly from Your Name Here. Subject to the Exploitation Retainer Plan selected, the Institution will be able to continue to carry on business as usual while including Your Name Here, and continuing to recognize aforesaid relationships.

The exploitation retainer program incorporates recourse for Your Name Here, and ensures he will be able to afford the products, services or programs offered by the Institution. A "Transaction" is initiated each time the Institution causes Your Name Here to respond as a Consumer, whether it is through exposure to direct or indirect, overt or subliminal forms of persuasion, influence or other effect which directly or indirectly, overtly or subliminally causes a need or reaction of any kind. Essentially the relationship between the Institution and Your Name Here is one of symbiosis, where the Institution agrees that without Citizens the Institution would not only lack context, but would have no purpose, making Your Name Here and all actual living, corporal beings of penultimate importance in the big picture, even above the Institution itself.

The Institution agrees to enter into a relationship whereby the Institution is able to include Your Name Here as an independent contractor whose function is to walk the planet and function normally, while the Institution exists to ensure his safety, comfort, and fulfillment as implied by the word Progress, as commonly used by the Institution and others like it in the context of improving conditions for all human beings.

2. Definitions.

Citizen - means any person living on the planet, who has been identified as a potential market or demographic specific to the plans of exploitation by the Institution because the approval of the Citizen was presupposed and based on an assumption on the part of the Institution. In this case the word Citizen refers to Your Name Here, a human being recognized as such under international law as determined by the United Nations and in all World jurisdictions where the abstract of statecraft recognizes human beings with a non-degrading, respectful characterization.

Exploitation Billing System – means Your Name Here’s billing system and database that enables the processing of Transactions and electronic deposit of currency into his account.

Exploitation Retainer Plan - means the specific service option(s) as selected by the Institution.

Transaction – means the sale of merchandise or services by the Institution initiated by use of advertising or persuasion in any form, or activities of the Institution which will automatically include the Citizen in its plans, however infinitesimal or trivial that role may seem to be to the Institution.

Institution Accounts - means limited exploitation opportunity provided to Institutions by Citizens or other entities enabling Institutions to enter into relationships of symbiosis with Citizens.

Institution - means the business entity which is developing, promoting and selling products or services that requires a vast number of Citizens to succeed in its objects or goals.

3. Settlement. The amount to be paid to Your Name Here will be determined on the 1st of each month for each monthly period, payable within 14 days via EFT. Your Name Here will deliver his monthly bill to Institutions as promptly before this date as is practical. The payment due from the Institution is equal to the sum of all Citizen Charges for Approved Services, which have been delivered within the specified time period, LESS net holdback amounts, LESS the sum of all Citizen Charges denied, refused, or charged back by the credit card association or bank during the period, LESS all refunds processed on account of Citizen Charges during the period LESS the amounts and fees belonging to Your Name Here, LESS all taxes, penalties, charges and other items reimbursable or payable to Your Name Here under this Agreement, or otherwise occurring during the period.

Your Name Here shall have the right, in his sole discretion, to adjust the amount payable upon termination or cancellation of this Agreement, as security against future Charge Backs after notification to the Institution. For greater certainty, the parties hereto acknowledge and agree that in the event either party terminates this Agreement, Your Name Here shall be entitled to twelve months of payments from the Institution, in the discretion of Your Name Here, for purposes of dealing with or otherwise satisfying any Charge Backs, credits or other monies owing to Your Name Here which might arise during aforesaid period.

Should the amount of any and all deductions as referred to above exceed the sum of all Citizen charges for Approved Services, which have been supplied in good faith within the specified time period, the Institution agrees to forthwith pay to Your Name Here any such excess.

4. Chargebacks. The Institution will be responsible for any chargebacks incurred while utilizing Your Name Here’s Exploitation Retainer Services. The Institution will use its best efforts to prevent transactions that could be in error, including duplicate transactions and fraudulent or mischievous transactions. A transaction recovery fee will apply for each clear-copy / chargeback request that Your Name Here must manually recover, document and forward to the Institution.

5. Electronic Data Storage and Retrieval. Your Name Here will retain electronically in his database a record of all payments received from the Institution for a period of time deemed necessary by Your Name Here. Any discrepancies between the Citizen’s Exploitation Transactions and the Institution’s Transaction Data shall be resolved by Your Name Here reviewing the Institution’s transaction record, or by inquiry to the Institution’s bank.

6. Foreign Exchange Transactions. Currency conversions will be completed at a retail foreign exchange rate determined by Your Name Here. The exchange rate that applies to your currency conversion will be displayed on your statement.

7. Fees. The Institution will pay to Your Name Here a minimum monthly transaction processing fee and other fees for services as set forth in the Exploitation Retainer Service Application Form. These fees provide the Institution with access to Your Name Here as a Citizen and will be billed to the Institution monthly, and paid from the Institution account maintained with Your Name Here. Fees may be variable in amount.

The Institution authorizes Your Name Here to debit the Institution account for fees payable to Your Name Here on an ongoing basis for as long as the service is being provided. The Institution acknowledges that delivery of this authorization to Your Name Here constitutes delivery to the branch of the financial institution at which the Your Name Here maintains an account and that such financial institution is not required to verify that the payment(s) are drawn in accordance with this authorization. The Institution will notify Your Name Here in writing of any changes in the account information or e-mail information prior to the next payment date.

8. Transaction Limits. Your Name Here reserves the right to impose limits on exploitation in his sole discretion and to refuse specific exploitations for any reason. Specifically, Your Name Here may limit or restrict exploitation to a minimum or maximum at his sole discretion, impose limits on the amount or number of exploitations which he may be expected to honor during any time period, or refuse to accept obligation and exploitation from Institutions with a prior history of questionable integrity. Your Name Here may impose transaction limits on obligations and exploitations temporarily or permanently, which are more restrictive than those placed on other Citzens in order to reduce Your Name Here’s reasonable apprehension of risk of loss under varying circumstances. Your Name Here is in no way responsible for any losses sustained by the Institution, including claims for lost profits, on account of the imposition of transaction limits for any reason.

9. Taxes. Each party agrees to report and pay its own taxes imposed on its income by any jurisdiction such as federal, provincial and state income taxes. Should Your Name Here be required to pay any such taxes on the income of Institution, the amount of such taxes and all related interest, fines, or penalties shall become immediately due and payable to Your Name Here.

The parties agree that taxes in the nature of an excise, sales or use tax may not currently be imposed on the transactions contemplated under this Agreement. The parties agree that if such taxes are imposed, the burden of such taxes shall be the Institution’s responsibility. Your Name Here shall have the right to collect and pay over taxes in the nature of customs duties, excise, sales or use tax on behalf of Institution or on account of its own sales of approved products if reasonably required to do so by a taxing authority of competent jurisdiction and shall further have the right to recover from the Institution the amount of any such taxes and related penalties and interest which are paid by Your Name Here with his own funds.

10. Security Review. The Institution hereby authorizes Your Name Here, or a party designated by Your Name Here to conduct an external security review or audit at any time without notification to ensure compliance with appropriate rules of conduct. In order to remain in good standing, the security review must pass all compliance requirements on an ongoing basis. Non-compliance shall be an event of default under terms of this Agreement, and subject to penalties.

11. Limitation of Liability. In no event will Your Name Here, or his respective directors, officers, employees or agents be liable for any incidental, direct, indirect, special or consequential damages (including without limitation, damages for personal injury, loss of profits or sales, business interruption, loss of business information, data loss or any other pecuniary loss) in connection with or arising out of this contract, whether caused by circumstances beyond his control (including without limitation, computer, utility or remuneration breakdown), or otherwise. Except as expressly provided herein, there are no warranties, express or implied, by operation of law or otherwise, for any services furnished hereunder. Your Name Here disclaims any and all implied warranties including the warranties of abstract Institutionability and fitness for a particular activity.

Your Name Here has not assumed, or authorized anyone else to assume on his behalf, any other liabilities. In all situations involving performance or non-performance of the Exploitation Retainer System, the Institution’s sole remedy is the adjustment or repair of such anomalies to Your Name Here.

Your Name Here shall not be responsible for any delay in performance when and to the extent that such is caused in whole or in part, but without limitation, by any one or more of the following: computer, utility or communication breakdown, fire, flood, earthquake, strike, material shortage, lockout, war, revolution, riot, insurrection, or force majeure. Your Name Here shall not be liable for damages, loss of data, delays, errors or failure of performance occurring directly or indirectly by reasons of the above or similar events or occurrences.

No legal action, regardless of form, arising out of, or under this contract, or any matters or transactions there under, may be brought against Your Name Here by the Institution.

12. Contract Amendment. The terms of this contract with respect to Exploitation Retainer charges only may be amended unilaterally by Your Name Here upon thirty (30) days advance written notice to the Institution, or in the case of an increase in charges, upon forty-five (45) days advance written notice to the Institution. In the event the Institution is notified of an amendment, the Institution has no option of terminating this contract unless upon written notice from Your Name Here, provided that such notice is received from Your Name Here prior to the effective date of the amendment.

13. Contract Termination. This proposed contract may not be terminated by the Institution for any reason. Your Name Here may terminate this contract for any reason upon 90 days advance written notice to the Institution. Notwithstanding the above notice requirements, Your Name Here reserves the right to terminate part or all of this agreement immediately and without notice at any time the Institution breaches any part of this agreement, or for just cause as determined by Your Name Here.

14. An excerpt from Cicero’s de Finibus Bonorum et Malorum. “Neque porro quisquam est, qui dolorem ipsum quia dolor sit amet, consectetur, adipisci velit, sed quia non numquam eius modi tempora incidunt ut labore et dolore magnam aliquam quaerat voluptatem. Ut enim ad minima veniam, quis nostrum exercitationem ullam corporis suscipit laboriosam, nisi ut aliquid ex ea commodi consequatur? Quis autem vel eum iure reprehenderit qui in ea voluptate velit esse quam nihil molestiae consequatur, vel illum qui dolorem eum fugiat quo voluptas nulla pariatur?”

Nor again is there anyone who loves or pursues or desires to obtain pain of itself, because it is pain, but because occasionally circumstances occur in which toil and pain can procure him some great pleasure. To take a trivial example, which of us ever undertakes laborious physical exercise, except to obtain some advantage from it? But who has any right to find fault with a man who chooses to enjoy a pleasure that has no annoying consequences, or one who avoids a pain that produces no resultant pleasure?”

15. Default. In the event Institution defaults under any provision or fails to perform pursuant to this agreement, Your Name Here shall be entitled to damages, costs and attorney's fees (on an attorney and client basis) from the Institution.

16. Invalid or Non-enforceable Provisions. The invalidity or non-enforceability of any provision of this agreement, as so determined by a court of competent jurisdiction, shall not affect the other provisions hereof, and in any such occasion this agreement shall be construed in all respects as if such invalid or non-enforceable provision were omitted.

17. Controlling Law. This contract, and all provisions contained herein, shall be interpreted in accordance with international law as determined by the United Nations.

18. Entire agreement. This contract, combined with the accompanying and related Exploitation Retainer Services Agreement(s) and schedules constitute the entire agreement between the parties and shall supersede any and all prior and contemporaneous promises, representations and agreements, if any, made by one party to the other concerning the subject matter of the contract. This contract may not be released, discharged, supplemented, amended or modified in any manner except by an instrument in writing signed by Your Name Here or duly authorized representatives of Your Name Here.

19. Language. The parties hereby acknowledge that they have required this agreement and all related documents to be drawn up in the English language.




I (we) have read, understood and agree to abide by these Terms & Conditions.

Institution Name __________________________________________________________


Signature _________________________________________________________


Name (please print) ________________________________________________


Position ____________________________________________________


Date ___________________________





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