DIGITAL ADVERTISING AGREEMENT
THIS DIGITAL ADVERTISING AGREEMENT (the “Agreement”) is made and entered
into this day of [MONTH], [DATE], [YEAR] and sets out the terms and conditions upon
which [ADVERTISER’S NAME] (the “Advertiser”), being an Advertiser duly registered
under the laws of California with registered number [REGISTERED NUMBER] and having
its registered address at [REGISTERED ADDRESS], engages [UBER DRIVER’S NAME] (the
“Uber Driver”), duly registered under the laws of California as an advertiser for the
Advertiser in its car (collectively, the Parties).
WHEREAS, the Uber Driver provides advertising services by displaying ads on the
digital screen placed in its car while driving in the above-mentioned area;
WHEREAS, the Advertiser is desirous of engaging the Uber Driver to provide
advertising services on such terms as set out through this Agreement;
WHEREAS, the Uber Driver is desirous of being engaged by the Advertiser to provide
said advertisement on said terms.
NOW, THEREFORE, in consideration of the agreements contained in this
Influencer Management Agreement, the Parties, intending to be legally bound, agree
as follows:
1. PROVISION OF INFORMATION:
In order to enable the Uber Driver to promulgate appropriate advertisements, the
Advertiser agrees to provide the Uber Driver with:
a) An executive summary of the Advertiser’s business and its area of operation;
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b) A detailed description of product or services being advertised, including
information relevant to advertising such as cost, payment, means, refund
policy, etc.
c) An indication of the intended purpose of advertising (to promote a given
product or service, raise brand or product awareness, or both).
d) Advertiser shall provide ads ready to display on the screen.
2. PAYMENT TERMS:
I. Advertiser shall be responsible for full payment of the Advertisements as
agreed upon. Payments shall be charged from Advertiser’s bank account each and
every Monday. Payments will be due every Monday after Uber Driver sends the uber
weekly report and an invoice.
II. Advertiser shall pay [AMOUNT] ($0.00) for each trip the Uber Driver makes.
Uber Driver shall send to Advertiser the uber rides weekly report(s) and charge
Advertiser for number of trips completed.
III. For any fees left unpaid five (5) days past their due date, Uber Driver reserves
the right to suspend all Advertisements on the car, without refund to the Advertiser.
Uber Driver may choose to additionally terminate this Agreement, at Uber Driver’s
sole and exclusive discretion.
3. CLIENT DELIVERY AND RESPONSIBILITIES:
I. DELIVERY: Advertiser shall be responsible for delivering all advertising content
(the “Content”) to Uber Driver through communicated and or preferred mode of
delivery by Uber Driver (the “Contact Point”) such as emails.
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Content shall be delivered to Uber Driver no later than the following amount of time
prior to the scheduled start of the Advertisement [MONTH], [DATE] [YEAR] (the
“Cutoff Date”). If Advertiser does not deliver the Content by the Cutoff Date, Uber
Driver shall not be liable or responsible for any delayed start of the Advertisement. In
such a case, Advertiser and Uber Driver may confer in writing, for which email will
suffice, for the discussion of new run dates for the Advertisement. However, Uber
Driver may decide, in Uber Driver’s sole and exclusive discretion to limit the
scheduled run time of the Advertisement due to late delivery of Content.
II. CONTENT REQUIREMENTS: Advertiser shall be solely responsible for providing
the Content in the formats required by the Uber Driver. Uber Driver must individually
approve all Content for Advertisements to ensure the Content aligns with the law and
the Uber Driver’s beliefs.
Ads shall not be longer than thirty (30) seconds.
III. ERRORS: Errors and omissions in Content are the sole and exclusive
responsibility of the Advertiser.
4. TERM AND TERMINATION:
I. The Agreement is effective as of the Effective Date of [MONTH], [DATE]
[YEAR] and terminates on the following date [MONTH], [DATE] [YEAR].
II. The Parties may each terminate this Agreement for material breach of any of
its terms, immediately and without notice. Such material breach includes, but is not
limited to, Advertiser’s failure to pay fees due.
III. Advertiser may terminate this Agreement at any time, for any reason, but all
fees owed will be pro-rated based on Uber Driver’s completed work up to the point of
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cancelation. Uber Driver is the sole and exclusive Party responsible for determining
such work and pro-rated amount, but Advertiser may request a record of work if
desired. Termination notice must be received in writing by Uber Driver but no specific
advance notice is required.
IV. Uber Driver may terminate this Agreement at any time, for any reason, by
providing written notice to Advertiser. No specific advance notice is required. If Uber
Driver terminates this Agreement during a period where Advertisements are currently
running, Uber Driver agrees to continue running such Advertisements until the agreed-
up end date, unless material breach was cause for the termination. In that case, Uber
Driver is under no obligation to continue running any Advertisements for Advertiser.
V. Uber Driver may also terminate this Agreement if the Content provided by
Advertiser for advertising and display is against the law and/or the beliefs of the Uber
Driver.
VI. Upon termination for any reason, Uber Driver shall return to all Content to
Client.
5. FORCE MAJEURE:
I. Uber Driver is not liable for any failure to perform due to causes beyond its
reasonable control including, but not limited to, acts of God, acts of civil authorities,
acts of military authorities, riots, embargoes, acts of nature and natural disasters,
and other acts which may be due to unforeseen circumstances.
6. DISPUTE RESOLUTION:
I. All disputes or differences which shall at any time arise between the Parties
concerning any matter in relation to this Agreement shall be resolved amicably
through mediation.
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7. GOVERNING LAW:
I. This Agreement will be governed by, and construed in accordance with, the
laws of the State of California without giving effect to its conflict of laws principles.
8. ENTIRE AGREEMENT:
I. This contract represents the complete agreement between the Parties. As
such, any changes or modifications to the contract can only be made by a mutual
agreement of the parties in writing.
IN WITNESS, the parties have executed this Digital Advertising Agreement in
duplicate on the date and year first above written.
SIGNED by the parties:
…………………………….
([UBER’S DRIVER NAME] -UBER DRIVER)
Uber’s Driver Signature: _________________
Date: _________________
-AND-
……………………………….
([ADVERTISER’S NAME]-ADVERTISER)
Represented by:
Advertiser’s Representative Signature: _________________
Date: ________________
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