Terms

RETAINER AGREEMENT

  1. You, the undersigned, (hereinafter “Claimant”) agree with Web Sherpas, LLC (“WS”) to assist Claimant in filing a claim to participate in the Automotive Parts Antitrust Litigation — MDL No. 2311 (the “Litigation”).
  2. (1) Claimant hereby appoints WS as its agent and attorney-in-fact to act for it in any lawful way with respect to filing and processing a claim (including, but not limited to, signing a claim form as agent or attorney in fact for the Claimant) relating to Claimant’s participation in the Litigation. WS is authorized to act as the contact person for Claimant’s claim; gather supporting documentation; sign forms; receive, endorse, negotiate and deposit settlement checks to retain WS’s contractual percentage of the proceeds; and take all other actions necessary to process Claimant’s claim.
  3. (2) Claimant directs the Claims Administrator (the “CA”) appointed in the Litigation to direct all communication and correspondence, including Claimant’s financial recovery (the “Recovery”), directly to WS. Claimant directs the CA to make the Recovery payable to both WS and Claimant. Claimant authorizes WS to correspond and communicate directly with the CA on Claimant’s behalf and Claimant authorizes the CA to release to WS any records in its possession to which Claimant would be entitled.
  4. (3) Claimant agrees to pay WS twenty-five percent (25%) of the proceeds Claimant receives from the litigation. WS agrees to pay all costs associated with obtaining these proceeds, unless otherwise agreed to by Claimant. THERE WILL BE NO COMPENSATION DUE TO WS IF CLAIMANT DOES NOT RECEIVE ANY PROCEEDS.
  5. (4) Unless Claimant provides written information to the contrary, Claimant confirms that it is not subject to backup withholding by the Internal Revenue Service.
  6. (5) WS is a private company and is not affiliated with, or acting on behalf of, class counsel or the CA. You are not required to work with WS to participate in the Litigation and are entitled to file a claim on your own. WS is not a law firm and does not offer legal advice. WS does not guarantee or make any representations as to whether Claimant will receive any proceeds from the Litigation. This Agreement authorizes, but does not require, WS to act for Claimant. Claimant directs that any third party who receives a copy of this document to act in reliance on it.
  7. If a dispute arises between Claimant and WS, this Agreement will be construed in accordance with the laws of Minnesota and the parties consent to the jurisdiction and venue of Dakota County District Court, Minnesota. The prevailing party will be entitled to its expenses and attorneys’ fees.
  8. The information about Claimant that is provided by Claimant or is obtained by WS through Claimant to this Agreement is confidential and proprietary information of claimant. WS will use such information solely for the purpose of filing claims(s) on behalf of Claimant and not for any other purpose. Following the completion of the claim process and upon payment for services rendered, WS will destroy any and all confidential information about Claimant except for one copy that WS may keep for its records.