THIS PARTNERSHIP AGREEMENT is made on the …………. day of……….20……., entered into by the Service Provider (“Provider”) and the Client (collectively referred to as the “Partners”/ “Parties” or individually as the “Party”) and includes that Party’s successors and assigns.
Parties agree to the following terms and conditions and to be bound thereby:
COMMENCEMENT AND DURATION
This agreement shall be valid from _________________________until _________________________.
The Client shall pay the Provider as follows;
Service for a product
A post for a product
IG stories for a product
Or both a post and IG stories for a product
A post for a fee
IG stories for a fee
Both a post and IG stories for a fee
The consideration for this agreement shall be ______________________________________________
(cash or product) payable on ___________________________(date).
PURPOSE OF THE AGREEMENT
The purpose of this agreement is to promote the site and the products of the Client’s brand by ___________________ (name of the influencer).
The principal business of the Partnership shall be the following address or such other place as is determined by the Partners;
The deadline for the submission of the contracted services shall be on ___________________. Failure to which a penalty of ______________shall become payable.
If an influencer or creator doesn’t deliver what they promised within the timeframe agreed by the Parties, they will refund the Client or resend the device/product to the Client and pay the shipping charges.
In the 3 hours preceding the start of the service, the Provider must submit a preview, subject to the express validation of the “Client”, so that the next phase of the mission can be executed.
The terms of the agreement will be also be guided by the conditions of the social media platform being used. The Parties may agree to or vary such terms in writing, at any time before the end of the contract period.
The Client shall issue instructions in writing to the Provider on the delivery of the services, and the Provider agrees to be bound by such terms.
The Provider shall discharge their duties per the terms of this agreement and in accordance with the rules of art and in the best possible manner.
The Client shall make available to the Provider all information and resources available to them, needed for sufficient delivery of the services by the Provider e.g. a privileged CHANEL ASAF contact person, site link, technical information on the products promoted by the influencer and discount codes.
The results of the promotion will be in the full control of the Provider, as of the full payment of the service and the Provider will be able to dispose of it as it sees fit. The Client is prohibited from reporting the results in question and from using them in any way whatsoever, except with the prior written permission of the Provider.
Where a Party desires to vary the terms of the agreement due to hardships, the party shall notify the other party by registered letter with acknowledgement of receipt, specifying the date and nature of the event(s) causing the change alleged by it, quantifying the amount of the current or future financial loss and making a proposal for compensation to remedy the change. Any service sent more than 2 hours after the occurrence of the event by the party causing the service will have no effect.
A Party’s failure to fulfill its obligations due to Force Majeure, shall not be considered as a breach of this agreement, provided that the party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this agreement. A Party shall inform the other party by telex on the Force Majeure and the other party shall have ten days to ascertain it.
The Provider shall not interfere with the Client’s relationship with, or endeavor to entice away from the Client, their customers or any person who had a material business relationship with the Client in the duration of this agreement.
The Provider shall not directly or indirectly, engage in the businesses in which the Client engages in or in which the Client has an actual intention, as evidenced by the Client’s written business plans, to engage in, within any geographic area in which the Client is then conducting such business for a period of (2) years after the termination of this agreement
The relationship of the parties hereto is that of Independent Contractor. Accordingly, the parties hereto are not deemed agents, partners, or joint venturers of the others for any purpose due to this agreement or the transactions contemplated thereby.
Any ideas, concepts, discoveries, techniques, patents, copyrights, or trademarks belonging to the Client during the subsistence of this agreement are the exclusive property of the Client.
The Provider shall not transfer or assign this agreement without the Client’s consent. However, the Client may transfer or assign this agreement or subcontract its obligations hereunder at any time without the Provider’s consent.
Any dispute under this Agreement shall be resolved by Arbitration. Parties shall act in good faith to resolve the dispute. Nothing in this section shall be construed as limiting the court’s jurisdiction.
A Party wishing to terminate this agreement must first send an email and/or text message on the WhatsApp application to notify its co-contractor of its desire to terminate this agreement and the parties waive any indemnity in the event of this termination.
Either party may terminate this agreement at any time upon breach of the contract by the other party.
Either party may terminate this agreement at any time if the other party agrees to the termination in writing.
Otherwise than for breach, or through consent, either party may terminate this agreement upon giving the other party no less than ____________notice in writing. If the Provider wishes to terminate the contract with less than ___________notice, the Client reserves the right to charge costs that they have already paid in advance or incurred on the Provider’s behalf.
The termination of this agreement shall not discharge the liabilities accumulated by either party.
Any Clauses intended by the Parties or this agreement to survive the termination of this agreement shall survive the termination of this agreement by whatever cause.
The Provider shall not at any time disclose, directly or indirectly to any other person whatsoever any information concerning this agreement or any additional information of any nature whatsoever concerning the Client, whether such information or matter is stated to be confidential or not, without the express written permission of the Client.
All notices, offers or other communications required or permitted to be given pursuant to this agreement shall be in writing. The Parties shall be served through the following addresses (including email), and either party may change the below addressees by reasonable notice given to the other party.
THE SERVICE PROVIDER:
The provisions of this agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
This agreement constitutes the entire agreement between the parties. It supersedes all prior oral or written agreements or understandings between the parties concerning the subject matter of this agreement.
Either party may request changes to this agreement but this agreement may not be altered, amended, or modified, except by a written document signed by all parties.
Unless otherwise provided, failure by either party to enforce any of the terms or conditions of this agreement shall not be a waiver of their right to enforce the terms and conditions of this agreement.
The contract is governed by the law of the country where the Customer has its registered office.
This agreement may be executed in any number of counterparts, each of which shall be an original, and all of which shall together constitute one and the same instrument.
The Article and Section headings in this agreement are for convenience and they form in no part of this agreement and shall not affect its interpretation.
The parties will exercise utmost good faith in this agreement.
If any ambiguity is found in the Agreement or various documents forming this Agreement, the Partners shall issue any necessary clarification or instruction.
IN WITNESS WHEREOF, each of the Parties has executed this agreement, as of the day and year set forth below.
Signed by the duly authorized representative of the SERVICE PROVIDERSignature: Name: Designation: Date:…………………………………………………..
Signed by the duly authorized representative of the CLIENTSignature: Name: Designation: Date:………………………………………………….
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