Contract With Marty
From CaseyPedia
The contract between Casey Serin and Marty Stewart was made public as a result of LossMitPro's legal complaint, in which it was included as an exhibit. The non-disclosure agreement was included with the contract.
A PDF file of the original is also available.
[edit] Text of Contract
Joint Venture Agreement (4-25-07) between:
IamFacingForeclosure.com
Casey Serin
1420 E Roseville Pkwy, Suite 140-331
Roseville, CA 95661
USA
916-595-9632 cell
916-760-0820 fax
casey@serin.us
and
PageDaddy.com
Marty Stewart
5130 S. Fort Apache Rd. #215-344
Las Vegas, NV 89148
USA
702.357.8955 best contact#
702.939.9944 vm
702.939.9943 fax
martys@pagedaddy.com
IamFacingForeclosure.com / Casey Serin will herein be referred to as “Casey”. PageDaddy.com / Marty Stewart will herein be referred to as “Marty”.
The vision and goal is to further position Casey in the Foreclosure, Mortgage, and Real Estate Industry to teach, train, consult, and share his knowledge with other aspiring investors, people facing foreclosure, money and credit problems, etc. Specific books, information products, coaching programs, seminars, teleseminars, etc. will be built around Casey’s positioning as an expert in the Industry.
The purpose of this agreement is to form a joint venture to merge the story and experiences that have been created by Casey surrounding his real estate investments and foreclosures and create information products, books, reports, articles, audio, video, etc., and other products and services that will be created over a period of time, along with the traffic generation, internet marketing skills, and high profile contacts of Marty, to monetize that content.
Monetizing the content will consist of creating a book and information product series under the title of (T.B.D. private until agreement is signed), driving traffic to: build an opt-in email list, attract new members, help create and sell Casey’s list of current/future products, memberships, and services. It may also consist of seminars, teleseminars, advertising and sponsorships, Google Adsense income, other affiliate program income, other physical and downloadable product sales income, as well as any other form of generating income online with the network of websites built around this newly created content.
This new book series will not hinder Casey from pursuing similar topic book deals, but not utilizing the title / theme Marty has created.
Neither party will have any rights, ownership, copyrights, trademarks, patents, etc. to each others prior individual businesses / companies. This agreement is only for this new joint venture and what is specifically outlined here.
This new joint venture will require a new entity, herein be referred to as (“New Entity”), be established to protect both parties. An LLC (name T.B.D.) will be created in Nevada when cash flow permits. Any of Casey’s past financial problems will have no effect on this new joint venture and entity. Casey is solely responsible for any issues created as a direct result of his actions. This will not affect Marty or this new business joint venture.
Casey will form a new entity to serve as his 50% managing member / ownership of this new joint venture. Marty already has several entities, one of which will also own 50% managing member / ownership of this new joint venture. Marty will determine which of his entities will hold his 50% managing member / ownership.
Casey and Marty will split ownership 50/50 of any products/services and will split all revenue 50/50 created by the New Entity. “Revenue” is defined as anything of value the New Entity creates around the book series title / theme Marty has created. For example, including, but not limited to, leads, deals, other financial opportunities, licensing opportunities, anything that will generate revenue, or any assets of value.
Other ways of monetizing the IamFacingForeclosure.com website, such as “one time events” such as teleseminars, email promotions, etc. will be discussed and negotiated accordingly for % of revenue share. An addendum will be then added to this initial agreement.
In case there is any trackable value or benefit that comes to Casey or Marty individually as a result of the New Entity, Casey and Marty agree to compensate the New Entity with a fair referral fee or any other form of compensation that is common in that industry.
What each party is contributing and will receive:
Casey:
- Has expertise as a real estate investor and foreclosure expert through personal experiences. Created and maintains a blog specifically targeting people in foreclosure, real estate investors, etc.
- Will make himself available at least 2 to 3 hours per day via phone to “talk” out our initial book drafts we’ll record and have transcribed.
- Will supply all content in digital format (or we’ll pay to have it scanned in) to Marty that Marty requests, as part of the overall information product series. Any personal identifying information will be concealed if it makes it to a finished product.
- Content includes: audio, video, transcripts, in-print content, articles, etc. and will be provided in digital form (ie: MS Word form, scanned files, copies, audio files, video files, etc.)
- More content = more web pages and more tools to drive traffic.
- Will follow mutually agreed upon strategy and direction of Marty to make this a phenomenal success in the quickest way possible.
- Will use his media contacts and make himself available for interviews when needed, to help promote the book series.
- Will pay for initial direct expenses surrounding product creation (estimated to be $4000.00 to $5000.00). This money will be first money paid back from any revenue generated.
- Receive 50% of revenue and 50% ownership for the new book series (T.B.D.private until agreement is signed). Will have primary author billing on book.
Marty:
- Has expertise in generating search engine traffic to websites, created the PageDaddy.com System for monetizing content, has a huge rolodex of high profile marketers.
- Will coordinate “extracting” Casey’s story and experiences to create a book and information product series. This will be accomplished by many sessions via phone to record and transcribe as quickly as possible.
- Will utilize rolodex of people to make this happen in the quickest way possible, including: ghostwriter, transcriber, graphics design, print-on-demand book printer, etc.
- Provide experience and direction to enhance Casey’s website(s), help further create a ‘foreclosure authority’ website, and overall ways to generate traffic and revenue from the content, and to enhance Casey’s business.
Marty will provide ongoing creative consulting to Casey for any portion of his business and projects ("fresh eyes" and experience are good to have!).
- All content creation and coordination for this project will be handled by Marty and his team. This will keep Casey fresh and focused on telling his story, rather than get bogged down in other delegatable work.
- Receive 50% of revenue and 50% ownership for the new book series (T.B.D.private until agreement is signed). Will have co-author billing on book if mutually agreed upon and desired and makes sense to do so.
Final Summary:
The goal of this Joint Venture is to merge the talents of what both Casey and Marty bring to the table. This will definitely be an exciting and profitable business venture for both parties.
It should be understood by both parties that things don’t always go as planned. This is to be expected and anticipated, especially at the start. Unrealistic expectations and time frames should not be counted on. Things always seem to take longer than planned, and cost more than initially thought – in any business venture. It’s best to be very conservative in expectations.
Open communication is a must! Any thoughts, concerns, disagreements, or problems should be addressed as they happen, not left to build up into major problems later. Neither party should feel offended by any questions brought up by the other party. Constant communication is the key to success in this business venture.
For obvious reasons, due to potential creditor and IRS issues, Casey’s personal name will not appear on anything that could jeopardize any assets, accounts, etc. being seized or frozen. Steps will be taken to ensure this, as in 2006, Marty lost over $400,000 in assets as a result of his business partner’s actions, and their name being on primary accounts and assets.
As long as both parties stay focused in their respective areas of expertise, this will be a long lasting and profitable business venture. This is not ‘get rich quick’. This is a long term venture where things need to happen at certain times, and in a certain order for maximum results.
Casey should take Marty’s lead in the overall strategy and thought process with the creation of this particular book series, as many of Marty’s business contacts and other joint venture partners all create and market their own information products. Several earn over $5 to $10 million per year in revenue as a result.
This Agreement and its validity, construction and effect shall be governed by the laws of the State of Nevada. Written Addendums will be added to this agreement when needed.
Both parties have read, fully understand, and agree to the terms outlined in this agreement.
- Signature: <Casey's Signature> Date: April 25, 2007
- By: Casey Serin Title: Owner - IamFacingForeclosure.com
- Signature: <Marty's Signature not yet affixed> Date: <none>
- By: Marty Stewart Title: Authorized Agent for PageDaddy.com
[edit] Addendum
NON-DISCLOSURE AGREEMENT
This Agreement is made as of the 25th day of April, 2007, by and between: PageDaddy.com / Marty Stewart (PD) located in Las Vegas, Nevada and IamFacingForeclosure.com / Casey Serin (CS) located in Roseville, California.
This Agreement shall govern the conditions of disclosure by PD to CS of certain “Confidential Information” including but not limited to prototypes, drawings, data, trade secrets and intellectual property relating to PD products, services, joint ventures, projects, etc. developed by PD.
With regards to the “Confidential Information”, CS herby agrees:
- 1. Not to use the information therein except for evaluating its interest in entering a business relationship with PD, based on the product. Will keep all business with PD 100% completely confidential, and never reveal the relationship with PD in any way possible.
- 2. To safeguard the information against disclosure to others with the same degree of care as exercised with its own information of a similar nature.
- 3. Not to disclose the information to others, without the express written permission of PD, except that:
- (a) which CS can demonstrate by written records was previously known;
- (b) which are now, or become in the future, public knowledge other than through acts or omissions of CS;
- (c) which are lawfully obtained by CS from sources independent of PD;
- 4. That CS shall not directly or indirectly acquire any interest in, or design, create, manufacture, sell or otherwise deal with any item or product, containing, based upon or derived from the information, except as may be expressly agreed to in writing by PD.
- 5. That the secrecy obligations of PD with respect to the information shall continue for a period ending three years from the date hereof.
- 6. This Agreement and its validity, construction and effect shall be governed by the laws of the State of Nevada. PD will be entitled to obtain an injunction to prevent threatened or continued violation of this Agreement, but failure to enforce this Agreement will not be deemed a waiver of this Agreement.
IN WITNESS WHEREOF the Parties have hereunto executed this Agreement as of the day and year first above written.
- Signature: <Casey's Signature> Date: April 25, 2007
- By: Casey Serin Title: Owner - IamFacingForeclosure.com
- Signature: <Marty's Signature not yet affixed> Date: <none>
- By: Marty Stewart Title: Authorized Agent for PageDaddy.com
