SOCIAL MEDIA MARKETING AGREEMENT.
This Social Media Marketing Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between ________________, Address ____________ (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 _____ [Weeks/Months/Years], commencing on the Effective Date herein.
The Company shall offer the Client social media marketing services which shall include, but not limited to;
- Advertising the Client’s products and services on the Company’s official social media handles including Facebook, Instagram, Twitter and Websites.
- Link the Client’s social media handles to the Company’s posts for referrals.
- The Client shall be responsible for providing the Company with the timeline for the marketing campaigns as well as providing the setup for marketing and time to learn and make necessary changes before it is published.
The Client shall pay the Company ____ Dollars per month for the services covered under this Agreement. The Client shall pay a fine of One Hundred Dollars ($100) for any late payments exceeding three working (3) days from the official date of making payment.
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. The Client shall ensure to pay the Company any outstanding balance for the services covered under this Agreement before the termination/cancellation is effected.
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 will 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 Parties acknowledge and agree that they have had the opportunity to have this Agreement reviewed by legal counsel and either they have done so or waived that right. The Parties agree that they are entering in this Agreement voluntarily and with full understanding of the Terms stated herein.
- COPYRIGHT/INTELLECTUAL PROPERTY/LIABILITY.
- The Parties agree that all the copyrights under this Agreement shall be owned solely by the Client and this includes reusing the content for commercial purposes, for resell and advertisement on and off social media. The Company shall not, under any circumstances, claim any rights to the content during the term of this Agreement and/or upon termination/cancellation.
- The Client shall have continued copyright over the content covered under this Agreement for eternity and they maintain the use, reuse and sell of the content for as long as it deems fit. The Company agrees and accepts that they shall under no circumstances, upon the expiry of this Agreement, claim the rights herein transferred to the Client.
- The Company shall not be held liable for any copyright/proprietary infringement issues arising from any content posted on the Client’s social media handles during the term of this Agreement and upon the termination/cancellation hereof. It is the responsibility of the Client to ensure that all content posted on their social media accounts do not infringe copyright laws.
- During the term of this Agreement and at all times thereafter, Company will (a) hold all Confidential Information regarding to the Client and the Client’s business/trade 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.
- The Client shall, during the term of this Agreement and/or upon termination/cancellation of this Agreement, provide the Company with honest feedback of the Company’s services. The Client shall make positive public (social media) posts about the Company’s services.
- GENERAL PROVISION, GOVERNING LAW AND JURISDICTION.
- 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.
- 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].
- This Agreement shall be binding upon and inure to the benefit of the Company and the Client and their respective successors and assigns, provided that the Company may not assign any of their obligations under this Agreement without the Client’s prior written consent.
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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