SOCIAL MEDIA MARKETING AGREEMENT
This Social Media Marketing Agreement (hereinafter “Agreement”) is made effective as of _________________ by and between the following parties: Replen Hair, (hereinafter referred to as “Client”) having an address at ______________ and Iffert Media LLC (hereinafter referred to as “Marketing Agency”) having an address at 120 Brentwood PI, Nashville, TN 37211
The Parties shall be referred to individually as “Party” and collectively as “Parties.”
RECITALS:
WHEREAS, Client is engaged in the following business (the “Business)
WHEREAS, Marketing Agency has expertise and experience in creating, overseeing, and operating successful social media marketing campaigns;
WHEREAS, Client would like to engage Marketing agency to create and/or manage certain Advertisements;
NOW, therefore, in consideration of the promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties do agree as follows:
- SCOPE
This Agreement sets forth the terms and conditions whereby Marketing Agency agrees to produce certain Advertisements for the Client. Marketing Agency will be engaged solely and exclusively for the limited purpose of provision of the advertisements.
Under this Agreement, neither party is authorized as an agent, employee, or legal representative of the other. Except as specifically set forth herein, neither party shall have the power to control the other’s activities and operations, and its status at all times will continue to be that of an independent contractor relationship.
- DESCRIPTION OF SERVICES & WARRANTIES
The Client hereby engages the Marketing Agency, and the Marketing Agency accepts such engagement to create and manage the Client’s Facebook and Instagram Advertisements.
Marketing Agency represents and warrants that they have the knowledge, skills, and experience necessary to be lawfully engaged for the purposes described above. Marketing Agency agrees that any original copy provided within the Advertisements will be the sole and exclusive of Marketing Agency and that the copy will be free from plagiarism.
Marketing Agency agrees to use reasonable care as is considered in Marketer’s industry, to ensure that all Advertisement statements are true and do not infringe upon the copyright, right of privacy, right of publicity, or any other proprietary right of any third party. The Client acknowledges and agrees that full and final verification for accuracy is the Client’s responsibility.
- EDITS AND APPROVAL
The Client retains the right to approval. Before posting an Advertisements, Marketing Agency shall obtain approval from the Client. If Marketer does not hear from Client within ______ number of days after submitting to the Client, the ad shall be considered accepted with no further changes permitted.
- INTELLECTUAL PROPERTY
All intellectual property within the Advertisements will become the Client’s intellectual property, free and clear, as a work-made for hire.
Marketing Agency may be engaged or employed in any other business, trade or profession, or other activity which does not place Marketing Agency in a conflict of interest with the Client, provided that during the term, Marketing Agency shall not be engaged in any business activities that compete with the business of the Client without Client’s prior written consent.
- FEES AND EXPENSES
The Client will reimburse the Marketing Agency at a rate of $450 per month for a duration of three months (the “Compensation”). Payments will be made at the end of every month.
The Client agrees to reimburse pre-approved expenses and costs as indicated on invoices. Receipts and reasonable supporting documentation shall accompany such expenses. The parties will agree on the expenses before the expenses being incurred.
- TAXES
Marketing Agency and Client shall be solely responsible for all federal, state, and local taxes applicable to them.
- MILESTONES
All work is to be completed and wrapped up by ________. Marketing Agency agrees to the milestone.
- NONEXCLUSIVITY
Client and Agency hereby acknowledge and agree that nothing contained herein is to establish an exclusive relationship between the Parties. The Agency shall be free to continue working for and taking on new clients, without regard to the Client. Agency does not need Client approval for any such work. The Client is also free to hire additional marketers for any of the Client’s work and does not approve the Agency’s approval.
- CLIENT’S LEGAL REQUIREMENTS
The Client’s sole responsibility is to ensure all legal requirements for the Client’s business are met. Such legal requirements include, but are not limited to, ensuring claims on advertising and graphics are true, accurate, and maybe legally stated, as well as ensuring all products and product sales are lawful.
- TERMINATION
If either Party wishes to terminate the Agreement, the Party will be required to provide 14 days’ written notice to the other party. Additionally, the Client may terminate the Agreement if the Agency fails to make regular updates to the Client and if the Advertisements fail to meet the expected objective.
Upon termination, Agency shall deliver to the Client all tangible documents and materials containing, reflecting, incorporating, or based on the Client’s confidential information, permanently erase all of the confidential and proprietary information from any of the Agency’s computer systems; and certify in writing to the Client that Agency has complied with the requirements of this clause.
- PORTFOLIO USE
Notwithstanding the specific rights of intellectual property outlined in this Agreement, the Agency shall be permitted to use all work in the Agency’s professional portfolio after such work has been made public by the Client.
- INDEMNIFICATION
Agency and Client shall each defend, indemnify, and hold the other harmless from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind arising out of or resulting from bodily injury, death of any person, damage, real or intangible, to personal property resulting from the other’s acts or omissions or the breach of any representation, warranty, or obligation under this Agreement.
- SURVIVAL
Any provision of this Agreement which by its terms imposes continuing obligations on either of the Parties shall survive termination of this Agreement.
- DISPUTE RESOLUTION
In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If the personal attempt fails, the Parties shall then submit to the England Wales courts’ jurisdiction.
- GOVERNING LAW
This Agreement shall be governed by and construed per the internal laws of England Wales without giving effect to any choice or conflict of law provision or rule. Each party irrevocably submits to the exclusive jurisdiction and venue of the federal and state courts located in the area in any legal suit, action, or proceeding arising out of or based upon this Agreement or the work provided hereunder.
- BENEFIT
This Agreement shall be binding upon and shall inure to the benefit of each of the parties hereto and to their respective heirs, representatives, successors, and assigns.
- COUNTERPARTS
This Agreement may be executed in counterparts, all of which shall constitute a single agreement. The Agreement shall be effective as of the date set forth above.
- HEADINGS
Headings to this Agreement are for convenience only. Headings shall in no way affect the provisions themselves and shall not be construed in any way that would limit or otherwise affect the terms of this Agreement.
- ENTIRE AGREEMENT AND MODIFICATION
The Agreement embodies the entire Agreement between the Client and Agency relating to the subject matter hereof. This Agreement may be changed, modified, or discharged only if agreed to in both parties’ writing.
IN WITNESS WHEREOF, the Parties execute this Agreement as follows:
Client: _____________________
Signature: ___________________
Date: ________________________
Marketer: _____________________
Signature: ______________________
Date: __________________________
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