Marketing Brochure Application

Marketing Brochure Application

Application Date:

Applicant and Provider

Recitals

WHEREAS, Applicant desires to produce and distribute a marketing brochure describing Applicant's goods and services (the "Brochure"); and

WHEREAS, Provider is engaged in graphic design, printing coordination and distribution services and has represented that it has the experience and capacity to produce the Brochure in accordance with Applicant's specifications; and

WHEREAS, Applicant submits this application to document scope, materials, schedule and payment terms and to authorize Provider to proceed subject to the terms set forth in this Application and Agreement.

Scope of Work

Provider shall perform the services described below, including design, pre-press proofing, print coordination, and distribution management in accordance with the schedule and specifications set forth by Applicant. The parties agree that the following description constitutes the Scope of Work:

Brochure Specifications

Brochure Title:

Quantity: Format/Size:

Paper Stock: Color:

Distribution & Approvals

Intended Distribution Channels (select all that apply):

Retail outlets
Direct mail
Events / trade shows
Online / downloadable PDF
Other (specify):

Approval Process and Deadlines:

Payment Terms

Total Fee (USD):

Payment Schedule:

Deposit required:

Milestone payments (describe):

Invoicing: Provider shall submit invoices to Applicant's billing contact at the address above or to billing contact:

Late Fee: Any undisputed amount not paid within days of the invoice due date shall accrue interest at or the maximum rate permitted by law, whichever is less.

Term and Termination

Term Commencement Date: Expected Completion / End Date:

Either party may terminate this Agreement for material breach not cured within days after written notice. Either party may terminate for convenience upon days prior written notice to the other party; termination for convenience entitles Provider to payment for work performed and committed costs incurred prior to termination and reasonably allocable wind-down costs.

Confidentiality

Each party agrees that it will hold in confidence and not disclose to any third party any Confidential Information of the other party. "Confidential Information" includes non-public business, financial or technical information disclosed in any form. Confidential Information does not include information that is (a) already lawfully in the receiving party's possession; (b) becomes public through no fault of the receiving party; (c) is lawfully received from a third party not under an obligation of confidentiality; or (d) is independently developed by the receiving party without use of Confidential Information.

The receiving party shall use Confidential Information only for the purposes of performing its obligations under this Agreement, shall take reasonable measures to protect such information, and shall return or destroy Confidential Information upon the disclosing party's written request or upon termination of this Agreement, except to the extent retention is required by law or reasonable archival backup.

Intellectual Property and Representations

Applicant represents and warrants that Applicant has the right to use and authorize Provider to use any trademarks, logos, copy, photographs, and other materials provided to Provider for inclusion in the Brochure, and that such materials do not infringe third-party rights. Applicant shall indemnify and hold Provider harmless from any third-party claims arising from Applicant-provided content. Provider grants to Applicant a non-exclusive license to final deliverables upon full payment.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of laws principles. The parties shall first attempt in good faith to resolve disputes through negotiation. If unresolved within 30 days, disputes shall be resolved by binding arbitration in the county of the Provider's principal place of business, unless the parties agree otherwise in writing.

Entire Agreement

This Application, together with any attached exhibits and purchase orders expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior proposals, representations, or agreements, whether written or oral. Any amendment to this Agreement must be in writing and signed by authorized representatives of both parties.

Attachments and Checklist

The following items are submitted with this Application (check all that apply):

Draft brochure copy / manuscript
Logo and trademark files
Photographs / image assets
Purchase order or authorization
Brand guidelines
Other (specify):

Certifications

By signing below, Applicant certifies that the information provided in this Application is true and complete, that Applicant is authorized to submit materials and grant Provider the rights described herein, and that Applicant agrees to the terms set forth in this Application and Agreement. Provider certifies that it will perform the Scope of Work in a professional manner consistent with industry standards.

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