Business Success Story

BUSINESS SUCCESS STORY

This Business Success Story Agreement (the Agreement) is entered into by and between:

Business Name:    Producer Name:

Effective Date:

WHEREAS

WHEREAS, Business Name represents that it operates a commercial enterprise and has achieved quantifiable or narrative successes suitable for public description, including but not limited to revenue growth, operational milestones and client outcomes;

WHEREAS, Producer Name specializes in preparing, producing and distributing case studies, testimonials and promotional narratives (the Success Story) and desires the right to prepare and publish a written, recorded, photographic and/or multimedia account of the Business Name's relevant achievements; and

WHEREAS, the parties desire to set forth the scope, compensation, use rights, confidentiality and legal terms governing preparation, publication and use of the Success Story.

SCOPE OF WORK

Media Types (select all that apply): Print Article Video Case Study Audio Interview Online Article / Blog

PAYMENT TERMS

Compensation Amount: $

Late Payment: If any amount due is not paid within days of the due date, interest will accrue at or the maximum permitted by law, whichever is lower.

TERM AND TERMINATION

Term Start Date:    Term End Date:

CONFIDENTIALITY

Except as expressly authorized in writing, Producer Name will not disclose Business Name's Confidential Information. "Confidential Information" includes non-public business, financial, operational, customer and technical information disclosed in connection with the Success Story but excludes information that is (a) publicly known through no fault of Producer Name, (b) rightfully received from a third party without obligation of confidentiality, or (c) independently developed by Producer Name without use of Business Name's Confidential Information.

PUBLICITY, RIGHTS AND RELEASE

Business Name hereby grants Producer Name a perpetual, worldwide, royalty-free, transferable right and license to use, reproduce, publish, adapt and distribute the Success Story, including Business Name's name, logo and non-confidential performance data, in any media now known or hereafter developed, for marketing and editorial purposes, subject to the approval process described below.

Approval Process: Producer Name will provide Business Name with a copy of the final draft of the Success Story for approval. Business Name will deliver approval or reasonably specific revision requests within business days. Approval will not be unreasonably withheld.

Release: Business Name represents that it has authority to grant the rights described herein, and releases Producer Name from liability for use of the Success Story as permitted by this Agreement.

WARRANTIES, INDEMNITY AND LIMITATION OF LIABILITY

Each party represents and warrants that it has the full right, power and authority to enter into this Agreement. Business Name will indemnify and hold harmless Producer Name from claims arising from Business Name's failure to secure necessary consents from third parties for use of third-party content. Except for willful misconduct or gross negligence, neither party will be liable for consequential, incidental or punitive damages, and total aggregate liability will be limited to the total fees paid under this Agreement.

GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the jurisdiction: , without regard to its conflicts of law principles.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements and representations, whether written or oral. Any modification must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS

Severability: If any provision of this Agreement is held invalid or unenforceable, the remainder of the Agreement will remain in full force and effect. Notices required under this Agreement will be given in writing to the addresses provided by the parties and will be effective upon receipt.

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