Following additional negotiations, Optec signed a two-year agreement with Sonic and installed signs at 1,400 locations, without Advance being involved. Advance sent a letter memorializing the terms Optec made a minor change, unrelated to commission Advance incorporated the change and returned the letter. Advance and Optec entered a second agreement by phone, with Optec to pay Advance 12 percent of net on sales made by Optec to customers introduced by Advance. Advance claimed that Optec violated the agreement by negotiating with Sonic directly. Advance and Optec undertook a pilot project to install signs at Sonic corporate-owned locations and Rogers’s franchises. Rogers, a franchisee of Sonic Restaurants, was a long-time Advance customer.
Advance claims that Optec agreed not to sell directly to the foodservice companies. It alleges that it entered into a contract to sell Optec’s electronic messaging signs to foodservice customers.
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