Marketing Promotional Video

MARKETING PROMOTIONAL VIDEO AGREEMENT

Parties and Effective Date

This Agreement is entered into between Brand/Client: , with principal address at (hereinafter "Client"), and Agency/Creator: , with principal address at (hereinafter "Creator"). Effective Date:

Campaign Description

Social Media YouTube Television Brand Website Other:

Deliverables and Production

Creator will produce the following deliverables in accordance with the schedule and specifications set forth below. All dates are target deadlines and subject to acceptance testing described below.

Creator shall obtain all necessary releases for talent, locations, music and third-party materials and shall provide copies of releases to Client upon request. Creator shall deliver final master files in the formats specified above and provide a single round of reasonable revisions included in the Fee unless otherwise stated in Payment Schedule.

Compensation and Expenses

1) Deposit: due within days of Effective Date.
2) Milestone Payment: due on delivery of first rough cut on .
3) Final Payment: due within days after Client acceptance and delivery of final files.

All invoices shall be payable in the currency specified and are due net as set forth above. Late payments are subject to interest at the lesser of 1.5% per month or the maximum allowed by law. Taxes shall be the responsibility of the party required by law to remit them.

Rights, License and Ownership

Upon full payment of the Total Fee, Creator grants to Client an exclusive, transferable, sublicensable (subject to any underlying third party licenses), worldwide license to use, reproduce, distribute, display, perform and otherwise exploit the final delivered promotional video(s) and approved edits (collectively, "Final Deliverables") for the Permitted Uses set forth in this Agreement and for the Term and Territory specified below. Unless otherwise agreed in writing, Creator retains ownership of raw footage, source files and underlying materials not incorporated into the Final Deliverables.

Territory: . License Duration: .

Creator hereby waives moral rights to the Final Deliverables to the extent permitted by law and agrees not to assert any claim based on such rights. Creator represents that the Final Deliverables will be original and will not infringe third party rights.

FTC Disclosure and Compliance

Creator shall comply with all applicable advertising, consumer protection and disclosure laws and regulations governing endorsements and disclosures. Creator agrees to include clear and conspicuous disclosure language with any sponsored social or influencer content. Disclosure language to be used:

Creator shall obtain prior written approval from Client for any paid placements or calls-to-action that materially alter the messaging of the Campaign. Creator is responsible for compliance with platform-specific terms and shall notify Client promptly of any enforcement actions affecting Campaign content.

Exclusivity

Exclusivity: Creator shall be exclusive to Client for the Product/Category during the Term No exclusivity; Creator may accept other work. If exclusive, exclusivity period:

Termination and Kill Fee

Either party may terminate this Agreement for convenience upon written notice to the other party delivered at least days prior to the effective date of termination. If Client terminates after production has commenced, Client shall pay a kill fee equal to of the Total Fee plus documented, non-cancellable third-party costs incurred by Creator. Termination shall not relieve Client of payment obligations for Accepted Deliverables delivered prior to the termination date.

Warranties, Indemnity and Liability

Each party represents and warrants that it has full power and authority to enter into this Agreement. Creator warrants that it will obtain all necessary permissions and clearances for third-party materials used in the Final Deliverables. Creator shall indemnify and hold Client harmless from and against losses arising out of Creator's breach of representations, infringement claims, or failure to obtain releases. Client shall indemnify Creator for claims arising from Client-provided materials or instructions that infringe third-party rights.

Except for willful misconduct or breaches of confidentiality, neither party's aggregate liability shall exceed the sums paid or payable under this Agreement. In no event shall either party be liable for consequential, incidental, or punitive damages.

Confidentiality

Both parties agree to keep confidential any non-public information disclosed in connection with this Agreement for a period of following disclosure, except as required by law. Confidential information shall not include materials that are or become publicly available without breach of this Agreement.

Other Terms

Assignment: Neither party may assign this Agreement without the prior written consent of the other, except that Client may assign to an affiliate or successor in interest. Force Majeure: Neither party shall be liable for delays caused by events beyond its reasonable control. Governing Law and Venue: This Agreement shall be governed by the laws selected by Client and Creator: . Disputes shall be resolved by negotiation between the parties and, if unresolved, by mediation or binding arbitration as agreed by the parties.

Miscellaneous Provisions

Independent Contractor: Creator is an independent contractor and not an employee, partner, or agent of Client. Taxes and benefits are Creator's responsibility. Notices shall be delivered to the addresses listed above unless updated in writing. Amendments to this Agreement must be in writing and signed by authorized representatives of both parties.

Acknowledgment

By signing below, the parties acknowledge that they have read, understood and agree to be bound by the terms set forth in this Agreement, including all schedules and attachments incorporated herein.

Sign Now