Marketing and Advertising Agreement


 

EXCLUSIVE ADVERTISING AND CONSULTING AGREEMENT

            This agreement is entered into by and between                   ___                 , hereinafter referred to as “Company”, and                           ______        , hereinafter referred to as “Agent”.

            For and in consideration of the mutual promises contained herein, the Company and Agent do hereby covenant, contract and agree as follows:

            1.         AGENCY: Subject to the terms of this agreement, Company does hereby appoint Agent as it’s exclusive agent for the following purposes:

(a)        Selection and placement of advertising for Company; and

(b)        Consultant to Company for Advertising and Marketing Purposes.

            2.         RELATIONSHIP:  Company and Agent agree that agent is an independent contractor and shall pay his or her own employment, income and other taxes as well as all insurance.

            3.         DUTIES:  Agent shall perform the following duties in reference to this agreement:

(a)        [state specific duties]; and

(b)               Use his or her best efforts and abilities to select and recommend to

Company advertising and marketing plans and options for Company.  “Advertising” as used throughout this agreement means promotional ads of any kind or form, for any product, service, show or other item, and includes television ads, magazine ads, newspaper ads, private company ads, product endorsements, promotional literature, videos, books or any other services.

            Agent shall represent, advise and assist Company in the negotiation and execution of any and all publicity, advertising and marketing contracts.

            Agent shall not be authorized to bind Company to any advertising or marketing

agreements until Agent obtains the written consent to same by                ___________             of the Company.

4.         COMPENSATION:  Company shall pay unto Agent for his or her services the following:

                        (a)        [state how compensation to be paid];

                        (b)        [state when amounts to be paid.]

 

            5.         EXPENSES:  As part of the compensation to Agent, Company shall also be reimbursed for the following expenses:

                        (a)        [state expenses to be paid]

            6.         EXCLUSIONS:  Excluded from this agreement are all existing advertising agreements in place at the time of the execution of this agreement.

            7.         TERM:  This agreement shall extend for a period of one year from the date hereof.

            8.         RENEWAL:  This agreement shall be automatically renewed in one (1) year increments unless either party gives sixty (60) days written notice to the other prior to the expiration of any one (1) year contract period of their intent not to renew.

            9.         MODIFICATION:  This agreement may not be modified except by amendment reduced to writing and signed by both Company and Agent.  No waiver of this agreement shall be construed as a continuing waiver or consent to any subsequent breach thereof.

  1. NOTICES:  All notices hereunder shall be effective if sent by certified mail, postage prepaid, return receipt request to                                   at                                , or to                          _________     at                        _______         .

            11.       ENTIRE AGREEMENT:  This agreement constitutes the entire agreement between the parties hereto and replaces and supercedes all prior agreements between the parties relating to this same subject matter.

            12.       GOVERNING LAW:  This agreement shall be construed in accordance with the

laws of the State of          __________      .

            13.       PARTIAL INVALIDITY:  In the event any provision hereof shall be for any reason illegal or unenforceable, the same shall not effect the validity or enforceability of the reaming provisions.

            14.       ATTORNEY FEES:  In the event that the agreements become subject to litigation between the parties hereto, the parties agree that the prevailing party shall be entitled to an award of attorney’s fees, costs and the prevailing statutory interest from the other party.

            15.       INDEPENDENT COUNSEL:  The parties hereto further represent that they have had the opportunity to obtain independent legal counsel before entering this agreement.

            16.       FURTHER DOCUMENT:  The parties further agree that if any other provisions or agreements are necessary to enforce the intent of this document, that both parties will execute same upon request.

            This agreement entered into this the    __   day of                             , 20   ___  .

Company

______________________________

Agent

______________________________

 

STATE OF         _____                       

COUNTY OF                   _____        

 

 

            PERSONALLY came and appeared before me, the undersigned in and for the jurisdiction aforesaid, the within named                                   in the above and foregoing instrument of writing, who acknowledged to me that she signed and delivered the above foregoing instrument of writing on the day and in the year and for the purposes therein mentioned.

 

            GIVEN under my hand and official seal of office on this the  ___     day of                                , 20  __   .

__________________________

NOTARY PUBLIC

 

My Commission Expires:

             _________                       

 

 

STATE OF                     _____           

COUNTY OF                  _____         

 

 

            PERSONALLY came and appeared before me, the undersigned in and for the jurisdiction aforesaid, the within named                      _             in the above and foregoing instrument of writing, who acknowledged to me that he signed and delivered the above foregoing instrument of writing on the day and in the year and for the purposes therein mentioned.

 

            GIVEN under my hand and official seal of office on this the     ___  day of      ___                          , 20______  .

__________________________

NOTARY PUBLIC

 

My Commission Expires:

 

                            ___________________        

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