MARKETING AGREEMENT.

by | Jun 24, 2023 | Agreements

MARKETING AGREEMENT.

This Marketing Agreement (hereinafter referred to as the “Agreement”) is made and entered the ____ day of _____ 2021 (the “Effective Date”), between ___________, Contact Info (hereinafter referred to as the “Client”), and ___________________, Contact Info: ____________ (hereinafter referred to as the “Marketer”).

WHEREAS, the Client is a Nursing home Located at _________________.

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 Two Years commencing on the Effective Date herein, subject to being renewed for another two year term.

  • SCOPE.

The Client is contracting the Marketer to provide marketing and/or advertising services for their facility. The Marketer’s obligation shall be:

  1. ___________________________________________________________.
  2. ___________________________________________________________.
  3. ___________________________________________________________.
  4. PAYMENT/COMMISSION.

The Marketer shall receive 4% of gross receipts for all the customers referred by the Marketer to the Client.

  • LIABILITY/INDEMNITY/WAIVER.
    • The Marketer shall not be held liable for any legal issues arising from the management and/or operations at the Client’s facilities, including but not limited to injuries that may be sustained by the customers while under the care of the Client and medical issues. The Client agrees to defend and indemnify the Marketer 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. 
  • NON-SOLICITATION/NON-COMPETE.
    • The Marketer shall not, during the term of this Agreement and/or upon the termination/cancellation thereof, solicit, negotiate, and contact directly or indirectly, any other Client’s customers with the aim of referring them to another facility offering the same business as the Client.
    • The Marketer shall not, during the term of this Agreement and/or Six Months after the termination/cancellation of the Agreement, by incitement encourage the Client’s customers to terminate their obligations with the Business.
  • CONFIDENTIALITY.

During the term of this Agreement and at all times thereafter, the Marketer will (a) hold all Confidential Information regarding the Client and the Client’s facility in strict trust and confidence, (b) refrain from using Confidential Information in any manner or for any purpose not expressly permitted or required by this Agreement, and (c) refrain from disclosing any Confidential Information to any third party without obtaining the Client’s express prior written consent.

  • TERMINATION/CANCELLATION.

Parties agree that either Party can cancel/terminate the Agreement at any given time, provided that the intending Party provides the other Party a 30 Day Written Notice on the cancel/termination, on any of these grounds;

  1. A material breach of any of the terms of this Agreement by either Party, and the breach is not cured within 30 days of other Party’s receipt of written notice of such breach.
  2. Any party has or may commence voluntary or involuntary bankruptcy, receivership and/or similar proceeding with respect to such other Party.
  3. GENERAL PROVISION, GOVERNING LAW AND JURISDICTION.
    1. 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.
    1. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, USA. Exclusive jurisdiction and venue shall be in New Jersey, USA.

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

CLIENT: _____________            ________________________                 ___________

                        (SIGNATURE)                  (NAME)                                             (DATE)

MARKETER: _____________            ________________________              ___________

                            (SIGNATURE)                           (NAME)                                    (DATE)

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