BUSINESS AGREEMENT.

This Business Agreement (hereinafter referred to as the “Agreement”) is made and entered the ____ day of _____ 2021 (the “Effective Date”), between Pictpoint, Contact Info: _____________ (hereinafter referred to as the “Company”), and __________, Address _____________ (hereinafter referred to as the “Client”).

NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:

  1. TERM.

The initial term of this Agreement shall be for a period _____ [Days/Weeks/Months], commencing on the Effective Date herein.

  • SCOPE.
    • The Client has under the terms of this Agreement, contracted the Company to place an Ad on the Company’s App. The Ad shall be posted on the Company’s App for a period of _____ [Days/Weeks].
    • The Client understands that once the Ad has been posted on the Company’s App the information shall remain valid for the selected amount of time and any promotion, discounts, services stated on the Ad shall be held as effective until the Ad expires.
    • The Company can at any time and without notice, take down any Ad from its App if the Ad does not meet the Company’s terms of service and community guidelines. The Company excises the right to approve and/or disapprove Ads based on whether the advertisement meets community guidelines and the Company’s terms of service.
  • CONSIDERATION/PAYMENT.
    • The Client shall pay the Company Five Dollars ($5) per Ad per for the services covered under this Agreement, payment shall be done through the Stripe online payment platform that can be contacted through the website www.stripe.com.
    • Banner Ads are subject to change based on negotiations between the parties.
    • The Client acknowledges that taxes and other App fees are excluded.
  • LIABILITY/INDEMNITY/DISCLAIMER.

The Company and/or the Company’s App shall not be held responsible or liable for the perception of the Ads once posted on the App and/or be held liable for any legal implications arising from the content of the Ad. The Client shall defend and indemnify the Company against any legal issues such as copyright/intellectual proprietary rights infringement matters regarding the Ads.

  • COPYRIGHTS/WAIVER/ASSIGNMENT.
    • The Company shall own all and any copyrights/intellectual proprietary right over the Company’s App, logo, the name Pictpoint, Pictpoint’s source code and the Company’s website during the term of this Agreement and termination/cancellation thereof. The Client shall not at any time, during or and after the termination/cancellation of this Agreement, purport to own any part of the Company’s copyrights/intellectual proprietary rights as covered under this Agreement.
    • The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.  
    • No Party shall assign its rights or obligations under this Agreement without prior Notice or consent by the other Party.
  • TERMINATION/CANCELLATION.

The Parties acknowledge that either Party can terminate/cancel this Agreement at any time provided that they issue a ____ Day Written Notice on the same. The Company can without prior notice terminate/cancel this Agreement by taking the Ads down from the App if the Ad does not meet the Company’s terms of service and community guidelines and/or if the information provided is false, incorrect and misleading.

  • REPRESENTATIONS AND WARRANTIES.

Each Party represents and warrants that he or she is not a party to any other agreement that would restrict such Party’s ability to perform its obligations as set forth in this Agreement. Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

  • MODIFICATIONS.

This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof.  No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.

  • GOVERNING LAW AND JURISDICTION.

This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA. Exclusive jurisdiction and venue shall be in the State of California, USA.

IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.

COMPANY: _____________            ________________________              ___________

                                (SIGNATURE)                  (NAME)                                             (DATE)

CLIENT: _____________                  ________________________              ___________

                        (SIGNATURE)                           (NAME)                                    (DATE)

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