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 “Contractor”), and ________________________, Contact Info: _________________ (hereinafter 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 __________ [Days/Weeks/Months] commencing on the Effective Date herein.
The Contractor shall provide the Client marketing services, which shall include:
The Client shall pay Three Thousand Four Hundred and Fifty Seven Dollars ($3,457) for the services covered under this Agreement, a down payment of ______ Dollars shall be made in advance on the Effective Date.
The Contractor agrees to keep the Client’s confidential information such as trade secrets, formulas or any details pertaining the Company that may be communicated to the Contractor for the purpose of this Agreement confidential. The Contractor shall not use the said information without prior written consent by the Client except if the information is required by law and/or the information is already in the public domain.
The Contractor shall be retained as an independent contractor. The Contractor 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 Contractor’s behalf during the term of this Agreement.
- The Contractor shall not be held liable for any legal issues arising from the Client’s products and services such as proprietary rights infringement issues. The Client understands that the Contractor has only been hired to help market the Client’s products and services and hence is not an agent or representative of the Client. The Client agrees to defend and indemnify the Contractor against all and any legal issues that may arise relating to its products and services.
- This Agreement shall be binding upon and inure to the benefit of the Contractor and the Client and their respective successors and assigns, provided that the Contractor may not assign any of their obligations under this Agreement without the Client’s prior written consent.
- 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.
- FORCE MAJEURE.
The failure on the part of the Contractor to perform their obligation under this Agreement will not be considered as default if such failure is the result of natural calamities, acts or God, Covid-19, extreme adverse disasters and circumstances beyond the control of the parties. The Contractor shall promptly communicate such inconveniences and delays to the Client.
Either Party can terminate/cancel this Agreement by issuing a _________ Day written notice on the same. If the Client terminates/cancels this Agreement before the start of the project, they shall forfeit the down payment made. The Client shall pay an estimate for the work down in the event that they terminate/cancel this Agreement before the project is completed.
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 mediation process.
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 _________ [State/Country]. Exclusive jurisdiction and venue shall be in ______________ [State/Country].
- 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.
CONTRACTOR: _____________ ___________________ ___________
(SIGNATURE) (NAME) (DATE)
CLIENT: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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