Quick Endorsement Advertising Agreement
Quick Endorsement Advertising Agreement
THIS QUICK ENDORSEMENT ADVERTISING AGREEMENT ("Agreement") is entered into this [Date, e.g., "1st day of January, 2050"],
BETWEEN:
[Your Company Name], a corporation duly incorporated under the laws of [State/Country, e.g., "California"], having its principal place of business at [Your Company Address], herein represented by [Your Company Representative's Name], in the capacity of [Your Company Representative's Position, e.g., "Director of Marketing"], hereinafter referred to as the "Company";
AND
[Influencer Name], an individual or entity duly organized and existing under the laws of [State/Country], with its registered address at [Influencer Address], herein represented by [Influencer Representative's Name], in the capacity of [Influencer Representative's Position], hereinafter referred to as the "Influencer";
WHEREAS, the Company wishes to engage the services of the Influencer for a short-term, high-impact endorsement of [Product/Service Name], and the Influencer has agreed to provide such endorsement services;
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
I. Introduction
This Quick Endorsement Advertising Agreement ("Agreement") is established to outline the terms and conditions under which [Influencer Name], henceforth referred to as the "Endorser," agrees to provide promotional services for [Your Company Name], henceforth referred to as the "Advertiser," concerning its product or service. The Endorser shall engage in activities aimed at endorsing, promoting, and enhancing the visibility and appeal of the Advertiser's designated product or service to the Endorser's audience.
This Agreement specifies the scope of work, compensation, rights, and obligations of both parties, ensuring a mutual understanding and a successful collaborative relationship. The promotional activities conducted under this Agreement shall adhere to the principles of honesty, transparency, and compliance with applicable laws and regulations governing advertising and endorsements.
II. Term
Commencement and Duration: This Agreement shall become effective as of [Start Date] and, unless terminated earlier as provided herein, shall continue in full force and effect until [End Date]. The period from the [Start Date] to the [End Date] shall herein be referred to as the "Term."
Early Termination: Notwithstanding the aforementioned Term, this Agreement may be terminated prior to the [End Date] under the following conditions:
a) By Mutual Consent: Both parties may mutually agree in writing to terminate this Agreement at any point during the Term.
b) Breach of Agreement: In the event of a breach of any of the terms and conditions of this Agreement by either party, the non-breaching party shall have the right to terminate this Agreement, provided that the breaching party has been given written notice of the breach and has failed to cure such breach within a specified period, not exceeding [number of days].
c) Force Majeure: Either party may terminate this Agreement if the fulfillment of any of the obligations described herein is hindered, delayed, or made commercially impractical by acts of God, war, riot, acts of terrorism, natural disasters, or any other circumstances beyond the reasonable control of the parties.
Notice of Termination: Termination under any of the circumstances set forth above shall be executed by written notice from the terminating party to the other party.
Effect of Termination: Upon termination of this Agreement, the Endorser shall cease all promotional activities and use of materials provided by the Advertiser. Any termination of this Agreement shall not affect the obligation of the parties to make any payments due under this Agreement up to the date of termination.
III. Endorsement Services
Scope of Work: The Endorser agrees to provide promotional endorsement services for [Product/Service Name]. These services shall include, but are not limited to, the following:
a) Creation and publication of [number] sponsored posts on Instagram, showcasing the product/service.
b) Development and posting of [number] dedicated tweets on Twitter, highlighting key features of the product/service.
c) Writing and publishing one comprehensive blog post reviewing the product/service on the Endorser's website.
d) Producing and uploading a video on YouTube that features a review or demonstration of the product/service.
e) Participating in one live-stream session on a platform of choice (e.g., Instagram Live, Facebook Live) discussing the product/service.
Delivery Schedule: The Endorser shall adhere to the following delivery schedule for the endorsement services:
a) Instagram posts to be published on [specific dates].
b) Twitter tweets to be rolled out starting [date] with a frequency of [e.g., one tweet per week].
c) Blog post to be published by [specific date].
d) YouTube video to be uploaded by [specific date].
e) Live-stream session to be conducted on [specific date].
Performance Standards: The Endorser agrees to perform the endorsement services to the best of their ability, ensuring a high standard of professionalism and competence. This includes, but is not limited to:
a) Ensuring all content is original, engaging, and aligns with the brand values of the Advertiser.
b) Maintaining a consistent and positive message throughout all promotional activities.
c) Complying with all applicable laws, guidelines, and industry standards, particularly concerning advertising disclosures and consumer protection.
d) Promptly notifying the Advertiser of any issues or concerns that may arise during the course of performing the services.
IV. Compensation
Fees: The Advertiser, [Your Company Name], agrees to compensate the Endorser, [Influencer Name], a total fee of [$000.00] for the fulfillment of the endorsement services outlined in Section 3. The payment schedule for this compensation will be as follows:
a) An initial payment of 50% of the total fee, amounting to [$000.00], will be paid upon the signing of this Agreement.
b) The remaining 50% of the total fee, amounting to [$000.00], will be paid within [number of days, e.g., 30 days] following the completion of all services as detailed in the delivery schedule in Section 3.2, subject to the satisfactory performance of said services.
Expenses: In addition to the fees stated above, the Advertiser agrees to reimburse the Endorser for reasonable out-of-pocket expenses incurred directly in connection with the performance of the endorsement services. These expenses may include, but are not limited to:
a) Travel expenses for any event or location shooting directly related to the endorsement activities, upon submission of receipts.
b) Cost of any props or materials purchased specifically for the creation of content for this campaign, with prior approval from the Advertiser.
c) Other miscellaneous expenses pre-approved by the Advertiser, supported by receipts and up to a maximum amount of [$000.00].
All reimbursements shall be paid to the Endorser within [number of days, e.g., 30 days] of receipt of the Endorser's request for reimbursement along with appropriate documentation substantiating such expenses.
V. Intellectual Property
a. Ownership: In accordance with this Quick Endorsement Agreement, all promotional materials generated by the Endorser, whether it be in the form of text, images, videos, or any other media, shall be deemed the sole and exclusive property of the Advertiser. This means that the Advertiser will have full rights and control over these materials, and the Endorser agrees not to use, reproduce, or distribute them independently without prior written consent from the Advertiser.
b. Usage Rights: Within the framework of this Agreement, the Endorser hereby grants the Advertiser the irrevocable right and license to utilize their name, image, likeness, and any content created during the endorsement period. This grant extends for the entire duration of the Agreement, allowing the Advertiser to use these assets for promotional and marketing purposes as necessary. The Endorser acknowledges that the Advertiser may employ these rights to maximize the promotional impact of the endorsement campaign.
VI. Confidentiality
Both parties, namely the Endorser and the Advertiser, mutually acknowledge and consent to the strict maintenance of confidentiality concerning any and all proprietary information shared or exchanged during the course of this Agreement. This encompasses, but is not limited to, trade secrets, business strategies, financial data, marketing plans, and any other sensitive or proprietary materials. Both parties are obligated to exercise the utmost care and discretion in safeguarding this confidential information and shall not, under any circumstances, divulge, communicate, or make accessible such information to any third parties, including but not limited to competitors, affiliates, or external entities, without the prior written consent of the disclosing party. This confidentiality obligation shall persist beyond the termination or expiration of this Agreement, and the duty to protect proprietary information shall remain binding unless otherwise agreed upon in writing by both parties. Any breach of this confidentiality provision shall entitle the injured party to seek legal remedies, including injunctive relief and monetary damages, as applicable under the governing laws.
VII. Termination
This Agreement may be terminated by either party upon written notice if the other party breaches any of its terms and conditions.
VIII. General Provisions
a. Governing Law: This Agreement shall be subject to and governed by the laws of the state of [State/Country], without regard to its conflict of laws principles. Both parties hereby consent to the exclusive jurisdiction and venue of the state or federal courts located within the aforementioned jurisdiction for any disputes arising under or in connection with this Agreement.
b. Entire Agreement: This document constitutes the entire agreement between the parties hereto and supersedes all prior discussions, negotiations, agreements, or understandings, whether oral or written, related to the subject matter herein. No modifications, amendments, or waivers of any provisions in this Agreement shall be effective unless in writing and duly executed by both parties, signifying their intent to modify this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Quick Endorsement Advertising Agreement as of the Effective Date.
[Your Company Name]
By:
Name: [Your Name]
Title: [Your Title]
Date: [Month, Day Year]
Endorser
By:
Name: [Endorser's Name]
Date: [Month Day Year]
