This Marketing Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between DK Solutions, LLC Contact Info: __________________________ (hereinafter referred to as the “Company”), and _____________, Address ____________ (herein 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:
The initial term of this Agreement shall be for a period of ________ [Months/Years] commencing on the Effective Date herein, with the option for quarterly reviews for re-negotiating the flat rate fees applicable.
The Company offers marketing services for the Client’s services. The Company’s marketing obligations shall include; ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________.
The Client shall pay the Company ________ Dollars for the services covered under this Agreement, payment made as a flat rate and not for the referrals brought by the Company. Payment shall be made on the 1st and the 15th of each month.
- The Parties acknowledge and understand that the association of the Company and the Client does not extend to criminal and/or liability that may befall the Client. The Company shall not be held liable for any legal issues arising from the use of the Client’s products and services such as medical issues and/or proprietary rights infringement issues. The Client agrees to defend and indemnify the Company against all and any legal issues that may arise relating to its products and services.
- The waiver by either Party of any breach or failure to enforce any of the terms 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.
- RELATIONSHIP BETWEEN THE PARTIES.
The Company shall be retained as an independent contractor. The Company shall be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. The Client shall not withhold or pay any income tax, social security tax, or any other payroll taxes on the Company’s behalf during the term of this Agreement.
The Company agrees to keep the Client’s confidential information such as trade secrets, formulas or any details pertaining the Client that may have communicated to the Company for the purpose of the performance this Agreement confidential. The Company shall not use the said information without prior written consent by the Client except;
- The information is required by law.
- The information is already in the public domain.
- DISPUTE RESOLUTION.
In the event of disputes arising about the execution of this Agreement and/or performance of obligations stated herein, the Parties shall solve such issues through a binding mediation process in accordance with the ADR rules and mechanisms of the State of California, USA.
The Parties acknowledge that either Party can terminate/cancel this Agreement at any time provided that they issue a 30 Day Written Notice on the same.
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/JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of California, USA. Exclusive jurisdiction and venue shall be in California, USA.
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.
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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