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IT, web, Internet, software, hardware, media, multimedia, photography, tech, information, technology, computer, business, company, pre-written, legal, contract, agreement, documents, templates, boilerplate, form, outline, text, terms, recitals promotion ADVERTISING MARKETING AGENCY AGREEMENT THIS AGREEMENT made this CurrentDay day CurrentMonth CurrentYear and between Company Agency and CustCompany Customer Recitals Agency the business providing marketing and advertising services for fee Customer desires have Agency render certain marketing and advertising services the Services set forth Exhibit Agency desires render certain marketing and advertising services set forth Exhibit Agreements consideration the mutual covenants set forth this Agreement Customer and Agency hereby agree follows Engagement Services Agency agrees render Customer services connection with the planning preparing and creation marketing services for Customer follows Provide consulting services Customer the form analysis Customer current products goods services relates Customer present and target markets Develop advertising ideas and creative content for Customer for approval for use future marketing programs Prepare estimates costs and expenses associated with idea and content development and present them Customer for approval Design contract otherwise arrange for the preparation creative content advertising campaign management and other related services Execute advertising and marketing services agreed upon Exhibit Provide proofing services behalf Customer order check for accuracy completeness adherence specifications and Customer branding all forms contracted advertising that Agency handles behalf Customer Audit all invoices and expenses provided third party ensure accuracy Provide other such services Customer may request from time time such content creation assistance Customer staff and employees market research analysis additional project consulting Specifications Agency agrees develop the advertising and consulting services pursuant the specifications set forth Exhibit attached hereto the Specifications Services Completion Agency will use reasonable diligence the development the Advertising and Marketing Services and endeavor deliver Customer all agreed upon specifications Milestones outlined Exhibit later than DeliveryDate Customer acknowledges however that this delivery deadline and the other payment milestones listed Exhibit are estimates and are not required delivery dates Agency will retaining all creative source code original works files digital media and other intellectual property for the entire project and providing Customer with the output formats only Customer shall retain all its intellectual property rights any logos graphics text images other components owns and transmits Agency for use fulfillment creation services Ownership Rights Agency shall endeavor insure that Customer shall able retain under the fullest extent under the law any and all intellectual property rights any text images other components created for Customer pursuant this agreement Customer agrees that any material content plan idea prepared Agency submitted Customer for approval any stage which not utilized the termination this agreement shall remain the property Agency Customer agrees return Agency any materials may have Agency such artwork mock ups comps text digital media film photos any other physical embodiment Agency creative work performed while under this agreement Upon termination expiration Agreement Customer agrees solely responsible for any additional use materials and advertisements created Agency pursuant this agreement Additional expenses may include but are not limited Fees Licenses Translations Royalties Talent and other associated fees Agency obligation shall not apply with any respect foreign use Compensation For all Agency services under this Agreement Customer shall compensate Agency cash pursuant the terms Exhibit attached hereto the event Customer fails make any the payments referenced Exhibit the deadline set forth Exhibit Agency have the right but are not obligated pursue any all the following remedies terminate the Agreement withhold all materials services and creative content administered Agency behalf Customer bring legal action Confidentiality Customer and Agency acknowledge and agree that the Specifications and all other documents and information related the engagement marketing advertisement development the Confidential Information will constitute valuable trade secrets Agency Customer shall keep the Confidential Information confidence and shall not any time during after the term this Agreement without Agency prior written consent disclose otherwise make available anyone either directly indirectly all any part the Confidential Information Excluded from the Confidential Information definition anything that can seen the public any advertising medium channel prior the engagement Agency provide services information which was provided Agency Customer for publication requirement fulfillment the Specifications Limited Warranty and Limitation Damages Customer agrees indemnify and hold Agency harmless with respect any claims loss lawsuit liability judgment suffered Customer which results from the use any material prepared execution service Agency the direction Agency which has been materially changed from the Specifications any advertisers publishers hosts radio and television broadcasts quotes testimonials print journalism other third party entity Agency agrees obtain and maintain force for the length this agreement Agency expense appropriate liability policy policies having minimum limit InsuranceCoverageAmount naming Customer additional insured and loss payee under such policy policies applicable the event any litigation proceeding suit against Customer any regulatory agency the event court action challenging any advertising marketing service prepared Agency Agency shall assist the preparation defense such action and cooperate with Advertiser Customer acknowledges that Agency are not responsible for the results obtained Customer from any creative advertising programs ideas execution thereof Customer waives any claim for damages direct indirect and agrees that its sole and exclusive remedy for damages either contract tort the return the consideration paid Agency set forth Exhibit attached hereto Independent Contractor Agency will retained independent contractors Agency will fully responsible for payment their own income taxes all compensation earned under this Agreement Customer will not withhold pay any income tax social security tax any other payroll taxes Agency behalf Agency understands that they will not entitled any fringe benefits that Customer provides for its employees generally any statutory employment benefits including without limitation worker compensation unemployment insurance Resources and Equipment Customer agrees make available Agency for Agency use performing the services required this Agreement all logos graphics photos branding collateral items hardware and software Customer and Agency may agree are reasonably necessary for such purpose General Provisions Entire Agreement This Agreement contains the entire agreement between the parties relating the subject matter hereof and supersedes any and all prior agreements understandings written oral between the parties related the subject matter hereof modification this Agreement shall valid unless made writing and signed both the parties hereto Governing Law This Agreement shall governed and construed accordance with the laws the State State Exclusive jurisdiction and venue shall the County County State Superior Court Binding Effect This Agreement shall binding upon and inure the benefit Customer and Agency and their respective successors and assigns provided that Agency may not assign any his obligations under this Agreement without Customer prior written consent Waiver The waiver either party any breach failure enforce any the terms and conditions this Agreement any time shall not any way affect limit waive such party right thereafter enforce and compel strict compliance with every term and condition this Agreement Good Faith Each party represents and warrants the other that such party has acted good faith and agrees continue act the negotiation execution delivery performance and any termination this Agreement Right Withhold Content Creative and Services the event Customer fails make any the payments set forth Exhibit within the time prescribed Exhibit Agency has the right withhold further content creative and services perform for behalf Customer until payment full paid plus accrued late charges per month Indemnification Customer warrants that everything gives Agency use fulfillment services legally owned licensed Customer Customer agrees indemnify and hold Agency harmless from any and all claims brought any third party relating any aspect the services creative other content including but without limitation any and all demands liabilities losses costs and claims including attorney fees arising out injury caused Customer products services material supplied Customer copyright infringement and defective products sold via the advertising services Further customer agrees indemnify Agency from responsibility for problems disruptions caused third party services and contractors that Customer may use such media buyers transportation merchant accounts shopping carts shipping hosting services real time credit card processing and other services that relate the execution the services outline this agreement Agency Use Services and Creative Content for Promotional Purposes Customer grants Agency the right use the creative content description services performed results services and campaign data sees fit for promotional purposes Responsibility for Theft Agency has responsibility for any third party taking all any part the content ideas services provided Customer Agency Attorney Fees the event any party this Agreement employs attorney enforce any the terms the Agreement the prevailing party shall entitled recover its actual attorney fees and costs including expert witness fees Term Agreement This agreement shall begin StartDate and shall continue full force until terminated either party upon least days prior written notice Each party represents and warrants that the date first written above they are authorized enter into this Agreement entirety and duly bind their respective principals their signature below EXECUTED the date first written above CustCompany signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Company signator authorized signature signer Job title signator authorized signature signer Date when the contact was signed Customer Initials Agency Initials
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