Startup Influencer Partnership Contract
Startup Influencer Partnership Contract
This Influencer Partnership Agreement (the "Agreement"), entered into as of [Month Day, Year], is between [Your Company Name], a corporation with its principal office located at [Your Company Address] ("Company"), and [Your Partner Company Name], an entity with its principal office located at [Your Partner Company Address] ("Influencer"). The Company and Influencer are collectively referred to herein as the "Parties."
WHEREAS, the Company is engaged in the burgeoning field of technology and seeks to enhance its market presence and brand recognition through strategic endorsements, promotions, and advertising; and
WHEREAS, the Influencer has established a significant presence and influence within relevant markets and audiences and is interested in leveraging this influence to promote, endorse, and advertise the Company's brand and its products;
NOW, THEREFORE, in consideration of the mutual covenants, representations, and warranties set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. SERVICES
1.1. The Influencer agrees to provide marketing and promotional services ("Services") to the Company, which includes, but is not limited to, the endorsement, promotion, and advertising of the Company's products and brand through various media channels owned or controlled by the Influencer.
1.2. The Influencer shall render the Services in a professional, ethical, and workmanlike manner, consistent with industry standards and in compliance with all applicable laws and regulations.
1.3. The Services shall be performed in a manner that reflects positively on the Company and its products, and the Influencer shall use its best efforts to ensure that all promotional activities are effective and reach the intended audience effectively.
2. TERM AND TERMINATION
2.1. The duration of this Agreement ("Term") shall commence on [Month Day, Year] and shall continue in full force and effect until [Month Day, Year], unless terminated earlier pursuant to the provisions herein.
2.2. Either party may terminate this Agreement at any time, with or without cause, upon providing seven (7) days written notice to the other party.
2.3. Upon termination, all rights and obligations of the parties under this Agreement shall cease, except for those obligations that by their nature are intended to survive termination including, but not limited to, compensation, confidentiality, and indemnification obligations.
3. COMPENSATION
3.1. As full consideration for the services rendered by the Influencer under this Agreement, the Company agrees to pay the Influencer a fixed fee of five thousand (5,000) dollars. This compensation shall be payable in a lump sum on [Month Day, Year], subject to the Influencer's satisfactory completion of the services as determined by the Company.
3.2. The Company shall be responsible for all applicable taxes, withholdings, and deductions associated with the compensation paid to the Influencer. This fee is inclusive of all expenses incurred by the Influencer in the performance of the services unless otherwise agreed upon in writing by both parties.
4. INDEPENDENT CONTRACTOR RELATIONSHIP
4.1. The Influencer shall perform their duties under this Agreement as an independent contractor and not as an employee, agent, partner, or joint venture of or with the Company.
4.2. The Influencer acknowledges that they are not entitled to any benefits that the Company may offer to its employees, including but not limited to health insurance, retirement benefits, or stock options.
4.3. The Influencer is solely responsible for all taxes, withholdings, and other statutory or contractual obligations of any sort, including, but not limited to, those relating to self-employment, unemployment insurance, and income taxes.
4.4. The Company shall not control, nor have the right to control, the specific manner or methods by which the Influencer performs the services required by this Agreement, except as expressly set forth herein.
5. CONFIDENTIALITY
5.1. The Influencer agrees to maintain the confidentiality of all proprietary and non-public information relating to the Company's business, operations, and strategies during the term of this Agreement and indefinitely thereafter.
5.2. The Influencer shall not disclose, disseminate, or use any Confidential Information for any purpose other than those expressly permitted by this Agreement or required for the performance of the Services hereunder. This confidentiality obligation includes, but is not limited to, technical data, trade secrets, customer lists, business models, and marketing strategies.
5.3. The Influencer must take all reasonable precautions to prevent any unauthorized access to, or disclosure of, Confidential Information and must immediately notify the Company in the event of any breach of this confidentiality obligation.
6. INDEMNITY
The Influencer shall indemnify, defend, and hold harmless the Company, its affiliates, officers, agents, employees, and permitted successors and assigns against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, arising out of or resulting from any claim, suit, action, or proceeding related to or arising out of the Influencer's services provided under this Agreement.
7. WARRANTIES AND REPRESENTATIONS
The Company and the Influencer each represent and warrant that they have the full power, authority, and legal right to enter into this Agreement and to perform their respective obligations hereunder. Each party warrants that their execution of this Agreement, and the performance of their obligations and duties hereunder, do not and will not violate any agreement to which they are a party or by which they are otherwise bound. The Influencer further warrants that the Services will be performed in a professional and workmanlike manner in accordance with generally accepted industry standards.
8. DISPUTE RESOLUTION
8.1. In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, the parties shall first attempt to resolve the dispute through good faith negotiation.
8.2. If the dispute cannot be resolved by negotiation within a reasonable period, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association, conducted in the state of [State].
8.3. The decision of the arbitrator shall be final and binding on the parties, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This arbitration clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
9. ENTIRE AGREEMENT
9.1. This Agreement constitutes the entire agreement between the Company and the Influencer regarding the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral, of the parties.
9.2. Amendments, modifications, or waivers of any terms or provisions of this Agreement shall not be valid or binding unless they are made in writing and duly signed by authorized representatives of both the Company and the Influencer. This requirement for written modifications ensures that any changes to the Agreement are deliberate and mutually agreed upon, preventing misunderstandings or informal agreements from altering the legal rights and obligations of the parties. A waiver by either party of any term or condition of this Agreement in a particular instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof.
9.3. This Agreement may include various appendices, schedules, or exhibits attached hereto, which form an integral part of the Agreement. These documents are incorporated by reference and are to be read in conjunction with the main body of the Agreement. The inclusion of these documents ensures that all relevant details pertaining to the partnership are captured and agreed upon, providing a comprehensive legal framework for the relationship between the Company and the Influencer.
9.4. In the event of any inconsistency between the provisions of this Agreement and those in the appendices, schedules, or exhibits attached hereto, the provisions of the main body of this Agreement shall prevail. This clause is intended to clarify the hierarchy of documents and ensure that in cases of discrepancy, the terms set forth in the main agreement govern the interpretation and implementation of the contractual relationship.
9.5. Both parties acknowledge that they have not relied on any representation, warranty, or agreement relating to the subject matter of this Agreement that is not expressly included in this Agreement or any document signed by both parties in connection with this Agreement. This acknowledgment confirms that the Agreement is based on mutual understanding and agreement on all terms, without any external or undisclosed influences.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date to signify their agreement to these terms and conditions.
Company Signature:
[Your Name]
[Job Title]
[Your Company Name]
[Date]
Influencer Signature:
[Name]
[Job Title]
[Your Partner Company Name]
[Date]
