And in paragraph 2 of the email: "For each box I need a 'familiar description' , a concise description..."
To this, the defendant replies in an email dated December 26, 2013: "Regarding sections 1 and 2...No problem, I'll send you everything, everything you need, just say...If you don't intend to promote the box on the site in a unique way, it's a waste of time..." In other words, there is no complaint here as to why the publication has not yet been carried out, but rather as to the future intention regarding the manner of publication.
All subsequent emails do not mention any failure by the plaintiff to advertise the product.
It should also be noted that this is a period of less than 15 days from the date on which the defendant supplied the advertising material to the plaintiff.
The plaintiff attached to the affidavit of the main witness on her behalf the publications that were made on the plaintiff's website (Appendix 7) so that the plaintiff's execution of the publications on the site and elsewhere was not concealed.
- In an email dated December 25, 2013, the plaintiff's representative says: "I hope that you are coordinating with Assaf in everything related to the game against Maccabi Haifa, in everything related to the other games we will decide together on 3 more games of value and large audiences.. I think it's more than enough to gather a customer base."
The defendant's response in an email dated December 26, 2013: "I am fully coordinating with Assaf regarding the game with Maccabi Haifa, we closed everything yesterday today,...As for the stalls, it's really wrong that you let us buy stalls, if you're going to give us just 3 more games to collect a database, it's not sure that it will be enough at all..".
The plaintiff's representative replies in an email dated December 29, 2013: "Section 6 - We never committed in the agreement (by the way, even in a criminal appeal, no one remembers such an agreement) to provide an unlimited opportunity to be present at the team's games.But still, as a gesture of goodwill, we give you the opportunity to be present in the team's 3-4 home games until the end of the season, beyond that there will be no more!!.."