1. THE PARTIES AND EFFECTIVE DATE. This Agreement is made between Nexio PC ("Law-Firm") and You ("Client"). It is effective as of the date of signed by Client (“Effective Date”).
2. SCOPE OF REPRESENTATION; RESPONSIBILITIES. Law-Firm shall provide Client the following services: (a) coordinate trademark conflict research (federal, state, and common law) using one of Law-Firm’s providers (“Research Report”); (b) providing client a written or verbal opinion of the likely “registrability” of Client’s trademark; (c) the filing of Client’s trademark application (“Filed TM Application”); and (d) to the extent required, attorney [consultation] time of up to two (2) hours related to the prosecution of the client’s trademark (collectively the “Legal Services”). Additional services are available at the Law-Firm’s current rates, which are available upon request.
3. FLAT FEE. The Law-Firm will charge you a flat fee of $750 for the Legal Services. Client agrees that the Flat Fee shall be fully earned upon the Filed TM Application. Client further agrees that Law-Firm may deposit the entire Flat Fee in the Law-Firm’s operating account. Consistent with the California Rules of Professional Responsibility, The Law-Firm advises that (a) the Client has a right to require the fee be placed in trust until earned, and (B) if representation is terminated before the services are fully rendered, the client is entitled to a refund of the unearned portion.
4. CLIENT'S DUTIES TO THE LAW-FIRM AND ITS STAFF. (a) You agree to be truthful and keep us fully informed. This means that You agree not withhold information and to keep the Law-Firm informed of any information or developments which may come to Your attention. It also means that You agree to keep the Law-Firm advised of Client's address, telephone number and email address. You will assist the Law-Firm by timely providing necessary information and documents; (b) You agree to cooperate; (c) You agree to abide by this Agreement; and (d) You agree to pay the Law-Firm's bills on time. Client agrees that the Law-Firm may allow Client’s trademark application go abandoned if Client becomes non-responsive for a period of more than two (2) weeks.
5. COSTS AND EXPENSES. Government fees are in addition to our legal fees. Government fees are $275 per international class as set forth in the NICE Agreement as set forth as of the Effective Date.
6. TERMINATION. The Law-Firm has the right to terminate this Agreement and withdraw from representation consistent with the law and the rules of professional conduct. Client may terminate this Agreement, for any reason, upon written notice of the termination. If the Law-Firm withdraws, Client agrees take all necessary steps (e.g., executing documents) to free us of any obligation to perform further services. Client agrees to pay all fees, costs, and expenses incurred before the termination.
7. ENFORCEMENT. This Agreement will be governed in all respects by the law of the State of California. Any dispute between the parties the Law-Firm and Client regarding the construction, application or performance of any services under this Agreement, and any claim arising out of or relating to this Agreement or its breach, including, without limitation, claims for breach of contract, professional negligence, breach of fiduciary duty, misrepresentation, fraud and disputes regarding attorney fees and/or costs charged under this Agreement shall be submitted to binding arbitration upon the written request of one party after the service of that request on the other party. The arbitration shall take place at JAMS in Orange County, California. JAMS rules shall govern the arbitration.
8. MISCELLANEOUS. This Agreement constitutes the full agreement between the parties (superseding all prior agreements), and cannot be altered or modified unless in writing. if any provision of this Agreement or any related document is invalid under applicable law, that provision will be ineffective, without invalidating the remaining provisions of this Agreement. This Agreement may be executed by the parties in electronic counterparts.