Marketing Publicity Release

MARKETING PUBLICITY RELEASE

This Marketing Publicity Release (the "Release") is made effective as of by and between Brand/Client: and Creator/Agency/Talent: .

Parties & Contact Information

Campaign Description

Primary Channels: Social Media Website Email Print/Other

Campaign Period: From through .

Deliverables

Primary Deliverable Deadline:

Compensation & Payment

Late Payment Interest:    Kill Fee (if terminated after production begins):

Usage Rights & License

Creator hereby grants to Brand and its affiliates a worldwide, non-exclusive/exclusive (select below) license to use, reproduce, distribute, display, perform, modify, and create derivative works of Creator's name, image, likeness, voice, performance, biographical material and the Deliverables (collectively, "Materials") for promotional, marketing, advertising and publicity purposes in connection with the Campaign and Brand's business.

Scope of License: Perpetual Limited (specify duration)

Territory:    Media:

Creator expressly waives any moral rights or attribution claims to the extent permitted by law and agrees not to assert any claim against Brand for the use of the Materials as authorized in this Release.

Exclusivity

Exclusivity: If selected, Creator agrees not to provide substantially similar promotional services to competitors of Brand in the Territory for a period of following the final Deliverable without Brand's prior written consent. Scope of competitor definition:

FTC Disclosure Compliance

Creator acknowledges and agrees to comply with all applicable disclosure obligations and to include clear and conspicuous disclosures in all promotional posts as required by law or regulation. Creator will use the following mandatory disclosure text when posting paid promotional content:

Creator represents that all statements made in Deliverables are Creator's own and that Creator will not make any false or misleading claims regarding Brand's products or services.

Termination

Either party may terminate this Release upon days' prior written notice. Termination will not relieve Brand of the obligation to pay for Deliverables already delivered and accepted. If Brand terminates after Creator has commenced production, Brand will pay the Kill Fee of .

Intellectual Property & Ownership

Unless otherwise agreed in writing, Creator retains copyright in original creative elements but grants Brand the license set forth above. Brand shall have the right to register, copyright, or otherwise claim ownership in Brand-created works incorporating the Materials to the extent permitted by law.

If Brand provides confidential materials or pre-release products, Creator will not disclose such materials except as required to perform the Deliverables and shall return or destroy such materials upon Brand's request.

Representations, Warranties & Indemnification

Creator represents and warrants that Creator has full right, power, and authority to grant the rights granted in this Release and that the Materials do not infringe the rights of any third party. Creator will indemnify, defend and hold harmless Brand and its affiliates from and against any loss, liability, damage or expense (including reasonable attorneys' fees) arising out of any breach of these representations or any third party claim arising from the Materials.

Governing Law & Miscellaneous

This Release will be governed by and construed in accordance with the laws of the state of , without regard to conflict of laws principles. Any dispute arising under this Release will be resolved in the courts located in that state unless the parties mutually agree otherwise in writing.

This Release constitutes the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements and understandings. Any amendment must be in writing and executed by both parties.

Notices

Certifications

By signing below, Creator certifies that Creator is at least 18 years of age, has the full right and authority to enter into this Release, and is not under any contractual restraint that would prevent compliance with this Release. Creator further acknowledges receipt of the agreed consideration set forth above.

Creator further releases Brand and its successors and assigns from any claims, demands, liabilities or causes of action of any kind arising from the permitted use of the Materials, including claims for invasion of privacy, defamation, or publicity rights to the extent allowed by law.

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