This Advertising Agreement is entered into between Leah DeVon (the “Executive Producer of Indie Style”) and _______________________ (the “ Advertiser”). Individually referred to as Party and collectively referred to as “Parties”.
Whereas, the Executive Producer produces a show which airs on ROKU via the Rewind Network App and on Comcast CH 29 in Washington DC, and Channel 190 in Wilkes Barres, and Scranton PA.
Whereas, the advertiser would like to advertise his/her products, services on the show;
NOW, THEREFORE, the Parties wish to be bound as follows:
PROVISION OF INFORMATION
In order to enable the Executive Producer to advertise run a 30 seconds commercial spot or run an ad twice during each show, the Advertiser shall provide to the supervising producer (Myki Bobo) a detailed description of the product or services being advertised including information relevant to advertising such as cost, payment means, refund policy etc., an indication of the intended purpose of advertising (whether to promote a given product or service or raise brand or product awareness or both). The Commercials or Ads should be submitted 7 days before the first show airs in Mpeg-4 format via the email firstname.lastname@example.org
In consideration of its services to the Advertiser, the Advertiser agrees to pay the Advertiser $ ___________________ 7 days before the first show airs. The fees itemized in the table below shall form part of this agreement and it can be varied.
TERM AND TERMINATION
This Advertising Agreement shall commence on the date of its execution and shall have effect until and of the following occurrences at which point it will be considered terminated: the failure of the Advertiser to pay the required fees, the provision of 14 (fourteen) days’ notice in writing by either Party or material breach of the contract.
WARRANTIES AND INDEMNITIES It is agreed that:
Both Parties warrant that they have the necessary power and approval to enter into this Advertising Agreement.
Both Parties warrant that they are not aware of anything in their reasonable control which will or could have an adverse effect upon their ability to perform their respective obligations under this Advertising Agreement.
The Producer warrants that he/she will use only those means of advertising approved by the Advertiser.
The Producer undertakes to pause or stop all advertising on the express instruction of the Advertiser in writing.
The Advertiser undertakes to pay all Fees promptly and not to unreasonably withhold payment.
The Producer warrants that he/she will use only a) material expressly authorized by the Advertiser or b) entirely original material and will not infringe the copyright of any third-party.
The Advertiser warrants that he/she will not use any vulgar, offensive or disreputable means of advertising.
Both Parties warrant that they will not do anything to hinder or adversely affect the execution of the other Parties’ duties under the Agreement.
Both Parties warrant that they will submit to the exclusive jurisdiction of the courts and legal system stated in clause 8.
CONFIDENTIALITY It is agreed that:
The Producer shall ensure that any confidential information or material which is obtained during the scope of this Advertising Agreement or in negotiation thereof is kept confidential including but not limited to the details of the means of advertising and the commission due or received under this Advertising Agreement.
The Producer undertakes that he shall not expose any confidential information except with the prior written consent of the Advertiser or if directed to do so by a competent Court provided always that such information has not previously entered the public domain by other means.
The terms of clauses 5.1 and 5.2 shall apply indefinitely notwithstanding the termination of this Advertising Agreement.
Any variation to this Advertising Agreement shall be made in writing and signed by both Parties.
Any notice served under this Advertising Agreement shall be made in writing and shall be considered served if it is handed to the other Party in person or delivered to their last known address or any other such address as the Party being served may have notified as his address for service. All notices shall be delivered in English.
GOVERNING LAW, DISPUTES AND ARBITRATION It is agreed that:
The Advertising Agreement is made under the exclusive jurisdiction of the laws of [STATE/COUNTRY].
Disputes under this Advertising Agreement shall be subject to the exclusive jurisdiction of the courts of [STATE/COUNTRY].
Notwithstanding the terms of 8.2 both Parties agree that in the event of a dispute they will enter into arbitration before the International Chamber of Commerce before a single arbitrator whose decision shall be final.
IN WITNESS WHEREOF, each of the Parties has executed this Advertising Agreement:
(Advertiser’s signature) (Date)
(Producer’s signature) (Date)
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