Marketing TV Production Agreement

MARKETING TV PRODUCTION AGREEMENT

Parties and Effective Date

This Agreement is entered into between Brand/Client: and Production Company: (collectively, the Parties). The Effective Date of this Agreement is .

Recitals

WHEREAS, Brand/Client desires to commission the Production Company to produce television commercial materials and related content for a marketing campaign described below; and WHEREAS, Production Company has the technical expertise, personnel and equipment necessary to produce the Content in accordance with the terms of this Agreement.

Campaign Overview

Scope of Work and Deliverables

Production Company shall create, produce and deliver the deliverables described below in accordance with the specifications, schedules and acceptance criteria contained in this Agreement. Deliverables will be produced to industry-standard broadcast specifications unless otherwise specified in writing by the Parties.

Quantity/Duration: — Deadline:

Quantity/Duration: — Deadline:

Compensation and Payment

Brand/Client agrees to pay Production Company the Total Fee set forth below and to reimburse pre-approved Production Expenses under the terms specified herein.

Final Payment Due Date:

Expenses and Additional Costs

Production Expenses (including talent, location fees, permits, insurance, travel) shall be pre-approved in writing by Brand/Client when estimated to exceed . Reimbursable expenses will be invoiced with supporting documentation and are payable within days of invoice.

Production Schedule, Approval and Revisions

Production Company shall deliver a rough cut for Client review. Client shall provide consolidated written notes within business days of delivery. Production Company will provide up to rounds of revisions included in the Total Fee. Additional revisions will be billed at the rate of per hour or as otherwise agreed in writing.

Usage Rights, Ownership and License

Upon full payment of all fees and expenses due under this Agreement, Production Company assigns and transfers to Brand/Client all right, title and interest in and to the final delivered masters and creative elements solely for the uses and territory set forth below. Production Company retains the right to use non-exclusive excerpts for its portfolio and self-promotion, except where mutually agreed otherwise in writing.

Unless otherwise agreed in writing, Brand/Client receives exclusive broadcast and paid-media rights for the Campaign for the Territory and Duration selected above. Any additional exploitation rights shall be subject to separate written agreement and compensation.

Credits, Moral Rights and Third-Party Materials

Production Company shall secure all necessary releases and licenses for talent, music, stock footage and other third-party materials incorporated into the Deliverables. Production Company hereby waives any moral rights in the Deliverables to the extent permissible by law. Client shall be credited in promotional materials as:

FTC Disclosure Compliance

The Parties acknowledge that any on-air or online endorsements, influencer mentions or paid promotional content must comply with applicable advertising disclosure requirements. Production Company shall ensure that any talent or presenter disclosures required for paid placement or influencer content are made clearly and conspicuously in all Deliverables. Client confirms that it will advise Production Company of any additional disclosure language required by its compliance policies.

FTC Disclosure Compliance Confirmation: Production Company will include required disclosures and Client will supply any required sponsor language or hashtags prior to first delivery.

Exclusivity

Exclusivity Requested: If checked, specify exclusivity scope and term below.

Termination, Cancellation and Kill Fee

Either Party may terminate this Agreement for convenience by providing written notice to the other Party at least days prior to the effective termination date. If Client cancels after Production has commenced, Client shall pay a kill fee equal to or actual non-recoverable expenses, whichever is greater.

Insurance, Indemnification and Limitation of Liability

Production Company shall maintain customary production insurance (including general liability and workers' compensation) and provide certificates upon request. Each Party indemnifies the other from claims arising out of its breach, negligent acts or willful misconduct. Except for willful misconduct or indemnification obligations, neither Party’s liability shall exceed the Total Fee paid under this Agreement.

Confidentiality

Each Party shall keep confidential all non-public business information disclosed by the other Party and shall not use or disclose such information except as necessary to perform under this Agreement. Confidential obligations survive termination for a period of three years.

Representations, Warranties and Compliance

Production Company represents and warrants that the Deliverables will be original work, will not infringe third-party rights, and that it has secured all necessary rights, releases and licenses. Client represents that it has authority to enter this Agreement and to authorize the uses described herein.

Force Majeure; Governing Law; Dispute Resolution

Neither Party shall be liable for delays caused by events beyond its reasonable control (force majeure). This Agreement shall be governed by the laws of: , without regard to conflict of law principles. The Parties shall first attempt to resolve disputes through good faith negotiation; if unresolved, disputes shall be submitted to binding arbitration in a mutually agreed venue.

Notices

All notices required or permitted under this Agreement shall be in writing and delivered to the Addresses for Notices provided below.

Miscellaneous

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings. Any amendment must be made in writing and signed by authorized representatives of both Parties. If any provision is held invalid, the remainder will remain in full force and effect.

Signatures

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