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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.
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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

How to write my Project Contract Acceptance Signoff Form document (alternate or related contract document)

company name Project Acceptance Signoff address address city state or province zip or postal code Phone phone number DATE. current date Order WorkOrder

Client. company name city state or province zip or postal code Phone phone number For. General Description of Project Deliverables Please initial the following sections which detail the projects deliverables contracted between company name and company name and sign the Acceptance of Agreement at the bottom of this document. Initials Description of Completed Milestone

Acceptance of Milestone #1 description here Acceptance of Milestone #2 description here Acceptance of Milestone #3 description here Acceptance of Milestone #n description here Acceptance of Project per Contract Specifications. ACCEPTANCE OF AGREEMENT. I certify that have received the above project deliverables from company name and that the deliverables listed above have been demonstrated delivered or otherwise completed to my satisfaction. Best Practice Note. If billing by credit card the above line should include permission to charge their credit card. This helps reduce your chargeback exposure. Example. Florentine Design Group LLC may now charge the final installment of 390 to AMEX ************345 for completion of the project. Clients signature

Writing the Breach of Contract Notification Form document (alternate or related contract document)

GIVING NOTICE OF BREACH OF AGREEMENT DEMANDING CORRECTIVE ACTION current date company name address address

city state or province zip or postal code Phone phone number Fax fax number Re. Our Agreement Dear salutation last name The purpose of this letter is to give formal notice of your breach of our Agreement Insert the title of the contract or agreement which was breached dated start date. Specifically you are in breach of paragraph Insert Paragraph Breached here of the Agreement which provides that Insert description of what was breached Please be advised that if Insert corrective action that must be done will have no choice but to refer this matter to legal counsel for appropriate action.

Thank you in advance for your immediate attention to this matter. Sincerely first name last name job title

How do you write a Contract Change Form (During Development) document? (alternate or related contract document)

company name Contract Addendum company name address address city state or province zip or postal code Phone phone number Fax fax number DATE. current date

Order contract reference number Bill To. company name address address city state or province zip or postal code Phone phone number Fax fax number For. Invoice. Product and or Service

Addendum. Contract #contract reference number Additional Services The following is request to amend the previous established and contracted relationship between company name and company name and is to act as an addendum to any existing contract or relationship established between the two parties. Authorized changes may also impact delivery dates and milestones. The undersigned party desires company name to provide the following additional goods and services. Total. Delivery Date Milestone Impact. 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. Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Developers and their respective successors and assigns provided that Developers may not assign any of his obligations under this Agreement without Customers prior written consent. PAYMENT TERMS. Net days. 1. 5% Interest monthly on accounts past due days. ACCEPTANCE OF AGREEMENT. The above prices specifications and conditions are hereby accepted. The designer is authorized to execute the project or provide software as outlined in this Agreement. Payment will be made as proposed above.

Customers signature Title Date Developers signature Title Date

Writing the Exhibit A (Payment Terms) document (alternate or related contract document)

Select an appropriate payment terms from the list of possible choices depending on the agreement being used with and delete the rest. For example if using project development contract use one of the first three milestone based payment terms. If using VAR Reseller contract or for general pricing use the payment terms pricing plan at the end of the list of plans below. EXHIBIT A PAYMENT TERMS 1. Customer agrees to pay Developers fee of Insert Total Payment Amount according to the following terms. A. 90% of the estimated price upon execution of the Agreement. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees B. Outsource services billed for Customer

C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software

H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above. 5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A PAYMENT TERMS

1. Customer agrees to pay Developers fee of Insert Total Payment Amount according to the following terms. A. 3 of the fee upon execution of the Agreement; B. 3 of the fee upon completion of Insert Key Payment Milestone C. The remaining upon completion per the specification. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any.

A. License fees B. Outsource services billed for Customer C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software

H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above. 5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A PAYMENT TERMS 1. Customer agrees to pay Developers an hourly fee according to the following terms. A. 10% of the estimate upon execution of the Agreement of Insert Total Payment Amount

B. Customer is billed at hourly rate per hour at the completion of each milestone. C. The customer will not be liable for more than Insert Maximum Amount Liable for in hourly work. 2. Customer agrees to the pay for all out of pocket expenses incurred by Developers in developing the project including but without limitation any. A. License fees B. Outsource services billed for Customer

C. Film and Developing D. Shipping E. Domain name registration F. Host costs for ISP G. Hardware and software H. Travel 3. Customer agrees to pay for the Developers fee and all expenses as set forth above within days of invoice. All unpaid balances shall accrue interest at 2% per month. 4. Customer agrees that any changes customer makes to the specification may adversely affect the original estimate. Extra time incurred above and beyond the original specification will be billed at an hourly rate of hourly rate and is not subject to the costs estimates and caps in 1. above.

5. Customer agrees that estimated yearly maintenance costs are only estimates and are not included in the quoted price. EXHIBIT A CREDIT CARD PAYMENT PLAN Authorization for credit card payments for development per Exhibit and B. Charges to be applied as Customer accepts each milestone. Customer accepts liability for all costs incurred including but not limited to chargebacks and reversals. Card Number

Expiration Date Name on Card Title Phone. phone number Fax. fax number Email. email address Company. company name Street. address address

City. city Country. country EXHIBIT A PAYMENT TERMS Pricing Plan. Insert your pricing plan here. Discounts. Insert any discounts available here.

Restrictions. Insert any restrictions here.

How do you write a 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

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