According to the complaint and contracts attached as exhibits, Extenze was to pay Conway's marketing company Exclaim $5.4 million in 50 weekly installments of $108,000, and that money was then to be sent to the race team. The $5.4 million was designed to cover the first 15 races, and then Extenze would have the option of funding the remaining 21 events through revenues generated by a product placement contract. The team would get 15% for product placement at dollar stores, retail stores or wholesale auto parts stores.
Conway's base compensation, according to a contract that is an exhibit in the lawsuit, was $540,000 plus 10% of any other sponsorships brought in for the car. He also would get paid 15% of all purse money and season point fund money, with the percentage increasing to 30% for any top-20, 35% for a top-10 and 45% for a top-five. Front Row was obligated to put Conway in a car that was in the top 35 in owner points, and if he failed to make the field in two consecutive races or any three during the season, the contract could be terminated. The deal between Conway and Front Row went sour during the summer, according to the complaint, when Exclaim allegedly began paying only half of its $108,000 payments beginning June 21. Exclaim is also listed as a defendant in the lawsuit. Front Row notified Conway on Aug. 8 that he would not be back in the car beginning with the Aug. 15 race at Michigan if his sponsor could not pay its $108,000 weekly fee. Conway did not compete at Michigan but then ran the next three events for Robby Gordon Motorsports. He is scheduled to run seven of the final 10 events for RGM but will not be in the car this weekend because team owner Robby Gordon has sponsorship for the New Hampshire race. The lawsuit was filed by Charlotte attorney Ron Skufca, who represents the North Carolina-based Front Row Motorsports. Biotab is based in California.(SceneDaily)(9-15-2010)
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