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The Advertising and Promotion Agreement is an agreement for advertising and cross promotion between two companies. This is typically used for on-line marketing and trading of online advertising. It is a more specialized version of the Agency Agreement above.
Document Length: 3 Pages
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Alternate documents are those which may be used instead of this document depending on your situation. Alternate documents may be better suited for different size projects, more specialized projects, variations on rights, etc.

Alternate Documents:
Related documents may be used in conjunction with this document depending on your situation. Many related documents are intended for use as part of a contract management system.

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Advertising and Promotion Contract
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How to write my Advertising and Promotion Contract document

ADVERTISING AND PROMOTION AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer Recitals Customer and Company desire to exchange advertising and links and cross promote one another using variety of marketing and advertising services the Services as set forth in Exhibit B. Agreements In consideration of the mutual covenants set forth in this Agreement Company and Customer hereby agree as follows. 1. Advertising and Promotion. Customer shall arrange for the placement of advertising and promotion of Company and agrees to fulfill the following duties.

Insert specific partnership duties and arrangements here. 2. Specification and Services Completion. Marketing Material shall mean any programming coding graphic design linking or other collateral required by either party to fulfill its obligations under the Specifications. Both parties will use reasonable diligence in the development of the Advertising and Marketing Material and endeavor to complete all agreed upon Specifications outlined in Exhibit no later than start date. Both parties acknowledge that this delivery deadline listed in Exhibit shall be an estimate and is not required delivery date. Both Customer and Company shall retain all intellectual property rights in any logos graphics text images or other components owned and transmitted to either party for use in fulfillment or creation of Specifications or Services. 3. Compensation. For all of Companys Services under this Agreement Customer shall compensate Company in cash pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Company has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement; withhold all materials Services and creative content administered by Company on behalf of Customer; bring legal action. 4. Confidentiality. Customer and Company acknowledge and agree that the Specifications and all other documents and information related to the engagement of marketing or advertisement development the Confidential Information will constitute valuable trade secrets of each party. Both parties shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without the others prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public in any advertising medium or channel.

5. General Provisions. 5 Entire Agreement. 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. 5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 5 Binding Effect. This Agreement shall be binding upon and inure to the benefit of both parties and their respective successors and assigns provided that neither party assigns any of their obligations under this Agreement without the others prior written consent. 5 Waiver.

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 partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 5 Good Faith. 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. 5 Right to Withhold Content and Creative Services. In the event that single party fails in its obligations as set forth on Exhibit within the time prescribed in Exhibit the other party has the right to withhold further content and Services performed for or on behalf of the other party until such obligations are met.

5 Indemnification. Both parties warrant that everything they give one another to use in fulfillment of Specifications is legally owned or licensed. Both parties agree to indemnify and hold harmless one another from any and all claims brought by any third party relating to any aspect of the content and Services including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by either partys products services material supplied copyright infringement and or defective products sold via the advertising or Services of either party. 5 Use of Services and Creative Content for Promotional Purposes. Both parties may advertise use or otherwise promote the creative content description of Services performed results of Services and campaign data as they see fit for promotional purposes. 5 Placement of Tracking Codes. Both parties may use tracking codes URLs or other IDs to evaluate the effectiveness of any and all advertising. 5. 10 Attorneys Fees.

In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. 5. 11 Term of Agreement. This agreement shall begin on start date and shall continue in full force until terminated by either party upon at least thirty days prior written notice. The parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signatures below. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed

company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Company Initials Customer Initials

Writing the Contract Salesperson Agreement document (alternate or related contract document)

CONTRACT SALESPERSON AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Salesperson Recitals A. Salesperson desires to provide sales and marketing services on behalf of company name for fee. B. Company desires to have Salesperson render certain sales marketing and advertising services the Services as set forth in Exhibit B. Agreements In consideration of the mutual covenants set forth in this Agreement Company and Salesperson hereby agree as follows.

1. Engagement of Services. Salesperson agrees to render to Company services in connection with the planning preparing and creation of marketing services for Company as follows. a Provide sales consulting services to Company in the form of an analysis of Companys current products goods or services as it relates to Companys present customers and or target markets. b Develop sales strategies and creative content for Company for approval for use in present and future marketing programs. c Develop Point of Purchase POP displays and merchandising. d Design contract or otherwise arrange for the preparation of creative content advertising campaign management and other related services. e Execute sales advertising and marketing services as agreed upon in Exhibit B. f Provide other services as Company may request from time to time such as content creation assistance to Companys staff and employees market research analysis or additional project consulting.

2. Services. Salesperson agrees to develop and perform the sales advertising and consulting services pursuant to the specifications set forth in Exhibit attached hereto the Services 3. Salesperson Commissions. Salesperson shall earn commission for all sales completed according to the Services and according to the commission and compensation schedule set forth in Exhibit A. Company shall not be responsible for commissions and compensation earned by Salesperson for sales that are later canceled returned revoked made invalid result in chargeback or are otherwise not credited to the Salesperson for any reason. Company reserves the right to deduct commissions and fees paid to Salesperson from future commissions in order to bring incorrect commissions paid to Salesperson into balance. 4. Ownership Rights. a Salesperson shall endeavor to ensure that Company shall be able to retain under the fullest extent under the law all customer lists contracts records and all intellectual property rights in any text images or other components created for Company pursuant to this agreement. b Salesperson agrees that any material content plan or idea prepared by Salesperson or submitted to Company for approval at any stage which is not utilized at the termination of this agreement shall remain the property of Company.

c Upon termination or expiration of Agreement Salesperson agrees to be solely responsible for returning any Company materials process documents customer lists contract lists internal documents or advertisements. Salesperson may not copy or remove these company materials for any reason not related to the performance of his or her duties under this agreement. 5. Non Solicitation and Non Compete. Salesperson agrees not to provide any services or consulting for or enter into any agreement with any company or individual engaged in similar line of business whether they compete directly or indirectly with Company for period of Insert number of years years after the expiration of this agreement. Salesperson warrants that he or she is not currently subject to any agreement which limits prevents or precludes his or her ability to render all of the services listed in Exhibit B. Further Salesperson may not directly or indirectly solicit or influence any Company employee agent vendor or representative for the purpose of leaving the employment or existing relationship established with company name. 6. Confidentiality. Salesperson acknowledges and agrees that the Services and all other documents and information related to the engagement of sales marketing or advertisement development the Confidential Information will constitute valuable trade secrets of Company. Salesperson shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without Companys prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public in any advertising medium or channel displayed or placed prior to the engagement of Salesperson to provide services or information which was provided to Salesperson by Company for publication as requirement of fulfillment of the Services. 7. Limited Warranty and Limitation on Damages. Salesperson agrees to indemnify and hold Company harmless with respect to any claims loss lawsuit liability or judgment suffered by Company that results from the use of any quote estimate proposal or material prepared or execution of service by Salesperson or at the direction of Salesperson which has been materially changed from the Services by any advertisers publishers hosts radio and television broadcasts quotes testimonials print journalism or other third party entity.

Salesperson agrees to obtain and or maintain in force for the length of this agreement at Salespersons expense an appropriate liability policy or policies having minimum limit of amount insurance coverage naming Company as an additional insured and loss payee under such policy or policies as applicable. In the event of any litigation proceeding or suit against Company or in the event of court action challenging any quote estimate proposal promise or advertising or marketing service prepared by Salesperson Salesperson shall assist in the preparation of defense of such action and cooperate with Company. Company acknowledges that Salesperson is not responsible for the results obtained by Company from any sale estimate proposal quote creative advertising programs ideas or execution thereof. Salesperson waives any claim for damages direct or indirect and agrees that his or her sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Salesperson as set forth in Exhibit attached hereto. 8. Independent Contractor. Salesperson will be retained as independent contractor. Salesperson will be fully responsible for payment of his or her own income taxes on all compensation earned under this Agreement. Company will not withhold or pay any income tax social security tax or any other payroll taxes on Salespersons behalf. Salesperson understands that he or she will not be entitled to any fringe benefits that Company provides for its employees generally or to any statutory employment benefits including without limitation workers compensation or unemployment insurance. 9. Resources and Equipment. Company agrees to make available to Salesperson for Salespersons use in performing the services required by this Agreement all sales material sales kits logos graphics photos branding collateral items of hardware and software as Company and Salesperson may agree are reasonably necessary for such purpose. 10. General Provisions. 10 Entire Agreement.

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 of the parties hereto. 10 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 10 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Company and Salesperson and their respective successors and assigns provided that Salesperson may not assign any of his or her obligations under this Agreement without Companys prior written consent. 10 Waiver. 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 partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.

10 Good Faith. 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. 10 Right to Withhold Content Creative and Services. In the event Company fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Salesperson has the right to withhold further sales activity and consulting creative content and services performed for or on behalf of Company until payment in full is made plus accrued late charges of 2% per month. 10 Indemnification. Salesperson agrees to indemnify and hold Company harmless from any and all claims brought by any third party relating to any aspect of the quotes estimates promises warranties proposals services creative or other content including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Salespersons activity or non delivery of products services material supplied by Company copyright infringement and defective products sold via the advertising or services. Further Company agrees to indemnify Salesperson from responsibility for problems disruptions caused by third party services and contractors that Company may use such as fulfillment resources media buyers transportation merchant accounts shopping carts shipping hosting services real time credit card processing and other services that relate to the execution by Salesperson of the services outlined in this agreement. 10 Use of Company Marketing Material Services and Creative Content for Promotional Purposes. Company grants Salesperson the right to use the creative content description of services performed results of services and campaign data as he or she sees fit for promotional purposes.

10 No Responsibility for Theft. Salesperson has no responsibility for any third party theft of all or any part of the content ideas or services provided to Company by Salesperson that is not the result of Salespersons negligence. 10. 10 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. 10. 11 Term of Agreement. This agreement shall begin on start date and shall continue in full force until terminated by either party upon at least days prior written notice. Both parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signatures below. EXECUTED as of the date first written above.

company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name

By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Company Initials Salesperson Initials

Writing the General Project Work Order (With Deposit) document (alternate or related contract document)

WORK ORDER company name address address city state or province zip or postal code Phone phone number DATE. current date Order WorkOrder Bill To. company name

city state or province zip or postal code Phone phone number For. Insert what you are doing for the customer here DESCRIPTION* HOURS RATE AMOUNT TOTAL DEPOSIT REQUIRED Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Company hereby agree as follows. 1. Development of Project or Services. Customer agrees to engage Company to develop the Project as described above*. 2. Delivery of Project or Services. Company will use reasonable diligence in the development of the project and endeavor to deliver to Customer an operational project no later than delivery date. Customer acknowledges however that this delivery deadline is an estimate and not required delivery date. 3. Ownership Rights. Company shall hold all right title and interest in and to all copyrights patents trade secrets and other intellectual or industrial property rights in the project or any component or characteristic thereof which are proprietary to the Company. Customer shall not do anything that may infringe upon or in any way undermine Companys right title and interest in the project as described in this paragraph 3. Notwithstanding the above Customer shall retain all of its intellectual property rights in any components it owns and transmits to Company for use in the project. 4. Compensation. For all of Companys services under this Agreement Customer shall compensate the Company in cash the amount specified in the total above. In the event Customer fails to make any of the payments referenced by the deadline set forth as invoiced Company has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement remove the project from public access bring legal action. 5. Limited Warranty and Limitation on Damages. Developers warrant the project will conform to the Specifications. If the project does not conform to the Specifications the Company shall be responsible to correct the project without unreasonable delay at the Companys sole expense and without charge to Customer to bring the project into conformance with the Specifications. This warranty shall be the exclusive warranty available to the Customer. Customer waives any other warranty express or implied. Customer acknowledges that the Company does not warrant that the project will work on all platforms. Customer acknowledges that the Company is not responsible for the results obtained by the Customer. Should the Customer cancel quit or otherwise terminate the project for any reason Company reserves the full and exclusive right to apply any monies received from the Customer against the Customers outstanding invoice or bill. Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to the Company. 6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and the Company and their respective successors and assigns provided that the Company may not assign any of its obligations under this Agreement without prior written consent of Customer. ACCEPTANCE OF AGREEMENT.

The above prices specifications and conditions are hereby accepted. The Company is authorized to execute the project as outlined in this Agreement. Payment will be made as proposed above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer. Job title of signator authorized signature or signer.

Date when the contact was signed Customer Initials Company Initials

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