Marketing Application & Flyer

Marketing Application & Flyer

This Marketing Application & Flyer (the Agreement) is entered into between: Applicant Name: and Marketing Provider Name: .

RECITALS

WHEREAS, Applicant desires to engage Provider to prepare, produce and distribute marketing materials described in this Agreement and the attached flyer specifications; and

WHEREAS, Provider represents that it has the professional experience, staff, tools and authority necessary to perform the Scope of Work and to procure any third-party services required to implement the campaign; and

WHEREAS, the parties desire to set forth the terms under which the marketing materials will be created, approved, distributed and paid for.

APPLICANT CONTACT INFORMATION

SCOPE OF WORK

Provider shall perform the services described below in accordance with the specifications, schedule and acceptance criteria set forth in this Agreement. Provider will provide reasonable project management, design, production, and distribution services as required to complete the campaign.

FLYER & CAMPAIGN DETAILS

PAYMENT TERMS

Applicant agrees to pay Provider for services in accordance with the schedule below. Failure to pay amounts when due constitutes a material breach entitling Provider to suspend services and exercise remedies provided for in this Agreement.

TERM AND TERMINATION

The Agreement commences on the Effective Date and continues until the completion of the services described in the Scope of Work or until terminated in accordance with this section.

Either party may terminate for cause upon material breach if the breaching party fails to cure within fifteen (15) days after written notice of such breach. Upon termination, Applicant shall pay Provider for all services performed and non-cancellable commitments incurred through the date of termination.

CONFIDENTIALITY

Each party will keep confidential and not disclose to any third party non-public information received from the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Confidential information does not include information that: (a) was already known to the receiving party without obligation of confidentiality; (b) is or becomes publicly known through no wrongful act of the receiving party; (c) is received from a third party without breach of any obligation of confidentiality; or (d) is independently developed by the receiving party without use of confidential information.

INTELLECTUAL PROPERTY, REPRESENTATIONS, AND INDEMNITY

Applicant represents that it has all rights, licenses and permissions necessary to provide materials to Provider and to authorize Provider's use in connection with the campaign. Provider will own any original creative work produced by Provider unless otherwise agreed in writing. Applicant agrees to indemnify and hold Provider harmless from claims arising from materials provided by Applicant, including third-party claims of intellectual property infringement, except to the extent caused by Provider's gross negligence or willful misconduct.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the substantive laws of the governing jurisdiction selected by the parties. Any litigation arising under this Agreement shall be brought in courts of competent jurisdiction within the selected governing jurisdiction.

ENTIRE AGREEMENT

This Agreement, including any attachments and written change orders executed by the parties, constitutes the entire agreement between Applicant and Provider regarding the subject matter hereof and supersedes all prior or contemporaneous negotiations, understandings, proposals and agreements, whether written or oral. No amendment is effective unless in writing and signed by authorized representatives of both parties.

CERTIFICATION AND ACKNOWLEDGMENTS

By signing below, Applicant certifies that all information provided in this application is true and accurate to the best of Applicant's knowledge, that Applicant has the rights to use all content submitted, and that Applicant will comply with applicable laws, regulations, and platform policies in connection with the marketing activities described herein. Provider's acceptance of the application or production of materials does not waive the representations above.

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