MARKETING AND ADVERTISING AGREEMENT.
This Marketing and Advertising 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 “Ambassador”).
WHEREAS, the Ambassador refers to any “brand ambassadors” working with the Company to market and advertise the Company’s exclusive merchandise to wear as shall be provided under this Agreement, and this role is available for NCAA Student athletes.
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 ____ [Days/Weeks/Months] commencing on the Effective Date herein.
- The Company is retaining the services of the Ambassador to provide the marketing and advertising service of the Company’s exclusive merchandise. The Ambassador’s responsibilities shall include, but not limited to;
- Representing the Company’s brand positively in a multitude of settings.
- Participating in event marketing.
- Generating brand awareness through word-of-mouth marketing.
- Being an opinion leader in Ambassador’s community.
- Providing feedback and insight on the Company’s new products/services.
- Promoting the brand via the Ambassador’s personal social media accounts.
- The Ambassador acknowledge that they shall anticipate face-to-face interactions, as they represent the Company at formal events and/or word of mouth engagements with members of the public in their community. This shall also include adorning the Company’s wears at all times. The Ambassador is expected to research about the Company and know all they can about the Company to ensure that they always represent the Company in a positive way.
- The Ambassador shall have and maintain a large social media following on all their social media accounts, and maintain a professional presence online. The Ambassador is aware and acknowledges that the Company shall look into the Ambassador’s use of the social media accounts including but not limited to Twitter and Instagram before signing a contract with the Ambassador.
- The Company shall provide the Ambassador a promo-code that shall grant access to the Company’s website www.mentalhealthdeclassified.org for the purpose of getting sales.
The Company shall pay the Ambassador _______________ for the services provided under this Agreement.
- COPYRIGHT/INTELLECTUAL PROPRIETARY RIGHTS.
The Company shall retain and enjoy all and any copyrights/intellectual proprietary rights to all its services, merchandise, brand, logos and all of the Company’s materials and content. The Ambassador understands and acknowledges that their association with the Company does not give the Ambassador any rights to the copyright/intellectual proprietary rights covered and protected herein. The Ambassador 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.
- WAIVER AND ASSIGNMENT.
- The waiver by either Party of any breach or failure to enforce any of the terms and conditions 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.
- No Party shall assign its rights or obligations under this Agreement without prior Notice or consent by the other Party.
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 Ambassador fails to market/advertise the Company as agreed under 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.
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.
- If any portion or provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the Parties agree that said portion or provision of the Agreement shall be severable, and that the remaining provisions of the Agreement shall continue in full force and effect.
- The Parties shall undertake to replace invalid and/or void provisions with new provisions, to do justice to the economic content of the invalid/void provisions in a legally permissible manner. The Parties shall further undertake to cure any loopholes in any Clauses and work towards the establishment of appropriate provisions in this Agreement that come as close as possible to what the Parties would have intended according to the meaning and purpose of the contract had the point been considered by them.
- GOVERNING LAW/JURISDICTION.
This Agreement shall be governed by and construed in accordance with the laws of the State of Massachusetts, USA. Exclusive jurisdiction and venue shall be in the State of Massachusetts, 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)
AMBASSADOR: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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