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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 development, design, programming PRODUCT DEVELOPMENT AND PROMOTION AGREEMENT THIS AGREEMENT made this CurrentDay day CurrentMonth CurrentYear and between Company Company and CustCompany Customer Recitals Customer and Company desire produce new product the Software Product the produced Product using combination existing software products created owned each respective party and adherence with the proposed development plan the Specifications set forth Exhibit Customer and Company desire exchange advertising and links and cross promote one another using variety marketing and advertising services the Services set forth Exhibit Agreements consideration the mutual covenants set forth this Agreement Company and Customer hereby agree follows Creation New Software Product Company shall make available select content documents templates and other source object code the Content for inclusion into new Software Product using Customer Insert Customer contribution the development project Customer shall provide technical assistance the use the product well specific support aiding Company the development the Software Product Advertising and Promotion Customer shall arrange for the placement advertising and promotion Company and agrees fulfill the following duties Customer will offer the product all point sales any other outlet agreed upon under this agreement Company will offer the product their point sales and any other outlet agreed upon under this agreement Compensation rates will vary according Exhibit Specification and Services Completion Advertising and Marketing Material shall mean any programming coding graphic design linking other collateral required either party fulfill its obligations under the Specifications Both parties will use reasonable diligence any development and promotion Advertising and Marketing Material and endeavor complete all agreed upon materials timely manner Both parties acknowledge that any delivery deadline communicated between parties shall estimate and not required delivery date Both Customer and Company shall retain all intellectual property rights any logos graphics text images other components owned and transmitted either party for use fulfillment creation Advertising and Marketing Material Each party shall develop the Advertising and Marketing Material according and adherence any guidelines styles style guides that each party makes use Survivability Products and Compensation the event that either party decides terminate this agreement each party shall continue have the right distribute the existing product through their normal sales channels and according the compensation provisions set forth Exhibit Neither party will have any right decompile copy reverse engineer otherwise continue development the produced Product Notification Termination the event that either party decides terminate this agreement the terminating party shall give sixty days prior written notification via registered mail their intent terminate this agreement Compensation For all Services under this Agreement Customer and Company shall compensate one another cash pursuant the terms Exhibit attached hereto the event either party fails make any the payments referenced Exhibit the deadline set forth Exhibit either party reserves the right but not obligated pursue any all the following remedies terminate the Agreement withhold all materials Services content from the other party bring legal action Confidentiality Customer and Company acknowledge and agree that any Specifications and all other documents and information related the engagement marketing advertisement development products practices the Confidential Information will constitute valuable trade secrets each party Both parties shall keep the Confidential Information confidence and shall not any time during after the term this Agreement without the other 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 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 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 both parties and their respective successors and assigns provided that neither party assigns any its obligations under this Agreement without the other 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 and Creative Services the event that single party fails its obligations set forth Exhibit within the time prescribed Exhibit the other party has the right withhold further promotion content and Services performed for behalf the other party until such obligations are met Indemnification Both parties warrant that everything they give one another use fulfillment Specifications legally owned licensed Both parties agree indemnify and hold harmless one another from any and all claims brought any third party relating any aspect the content and Services including but without limitation any and all demands liabilities losses costs and claims including attorney fees arising out injury caused either party products services material supplied copyright infringement and defective products sold via the advertising Services either party Use Services and Creative Content for Promotional Purposes Both parties may advertise use otherwise promote the creative content description Services performed results Services and campaign data they see fit for promotional purposes Placement Tracking Codes Both parties may use tracking codes URLs other IDs evaluate the effectiveness any and all advertising 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 thirty days prior written notice The parties represent and warrant that the date first written above they are authorized enter into this Agreement its entirety and duly bind their respective principals their signatures 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 Company Initials Customer Initials
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