MARKETING AGREEMENT.
This Marketing Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between ____________________, Contact Info: ____________________ (hereinafter referred to as the “Company”), and _______________________, Contact Info: ____________ (herein referred to as the “Influencer”).
WHEREAS, Influencer refers to any “brand ambassadors” working with the Company to market and advertise the Company’s merchandise as shall be provided under this Agreement.
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
- TERM.
The initial term of this Agreement shall be for a period ____ [Days/Weeks/Months] commencing on the Effective Date herein.
- SCOPE.
- The Company shall provide the Influencer with the Company’s merchandise for free, that the Influencer shall use to market and/or advertise the Company. The Influencer shall take photos of themselves wearing the Company’s merchandise and post the said photos on their official social media accounts and tagging, mentioning and/or giving the Company a shout-out.
- The Influencer shall post _____ photos on their official social media accounts _____ times a week/month.
- The Influencer understands and acknowledges that in the event that they receive merchandise that does not fit, they shall be required to return such merchandise to the Company in exchange for the correct fit. The Company shall provide a shipping label for return merchandise. The Influencer understands that they shall be charged for any pieces that they give away to friends/family without prior written consent from the Company.
- The Influencer understands and acknowledges that the Company shall use/post the photos covered under this Agreement portraying the Influencer’s likeness and/or image wearing the Company’s merchandise on the Company’s website and/or on the Company’s official social media accounts to advertise and/or market the Company and the Company’s merchandise.
- CONSIDERATION.
The Influencer shall be receiving the Company’s merchandise for free for the services they offered under this Agreement.
- COPYRIGHT/INTELLECTUAL PROPRIETARY RIGHTS.
The Company shall retain and enjoy all and any copyrights/intellectual proprietary rights to all its merchandise, brand, logos and all of the Company’s materials and content. The Influencer understands and acknowledges that their association with the Company does not give the Influencer any rights to the copyright/intellectual proprietary rights covered and protected herein. The Influencer shall not under any circumstances during this Agreement and upon its termination/cancellation purport to own, co-own or have any part of the Company’s copyright/intellectual proprietary rights covered and protected under this Agreement.
- LIABILITY/INDEMNITY/WAIVER.
- The Company shall not be held responsible for any injuries sustained by the Influencer while they are performing their obligations under this Agreement, provided that such injuries are not as a result of the Company’s negligence. The Influencer shall defend and indemnify the Company against such issues and liability.
- The Parties agree that neither Party shall assign its rights or obligations under this Agreement without prior Notice or consent of the other Party.
- 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.
- TERMINATION/CANCELATION.
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 may without notice terminate/cancel this Agreement in the event that the Influencer fails to market/advertise the Company as agreed under this Agreement. Upon cancellation/termination of this Agreement, the Influencer shall return all and any merchandise in their possession that the Influencer failed to advertise/market as agreed in this Agreement.
- 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 Pennsylvania USA.
- MODIFICATION.
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 the State of Pennsylvania, USA. Exclusive jurisdiction and venue shall be in the State of Pennsylvania, 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)
INFLUENCER: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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