VIEWS: 348 PAGES: 5 CATEGORY: Advertising Agreements POSTED ON: 1/10/2012
This is an agreement that allows a company to hire a Flyer Distributor, Signboard Holder or Character Actor to perform promotional services for the company. The agreement calls for the promotional person to be paid hourly as an independent contractor and for such employment to be at will. The agreement also includes non-compete, non-solicit, confidentiality, and indemnification clauses. Use this contract if the services of a Flyer Distributor, Signboard Holder or Character Actor.
This is an agreement that allows a company to hire a Flyer Distributor, Signboard Holder or Character Actor to perform promotional services for the company. The agreement calls for the promotional person to be paid hourly as an independent contractor and for such employment to be at will. The agreement also includes non- compete, non-solicit, confidentiality, and indemnification clauses. Use this contract if the services of a Flyer Distributor, Signboard Holder or Character Actor. PROMOTIONS AGREEMENT THIS PROMOTIONS AGREEMENT (the “Agreement”), is made and entered in as of ___________ [Instruction: Insert Date], by and between ___________ [Instruction: Insert Name of Company], ___________ [Instruction: Insert Address] (“Company”), and ___________ [Instruction: Insert Name of Contractor], ___________ [Instruction: Insert Address] (“Contractor”). WHEREAS, Company desires to utilize the benefit of the independent contractor promotions services of Contractor; and WHEREAS, Contractor desires to render such services on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the promises and other good and valuable consideration set forth, the parties agree as follows: 1. Employment. Contractor shall be employed in the capacity of: ___________ [Instruction: Insert Name of Promotions Position]. In connection with said role, Contractor shall use contractors best efforts to ___________ [Instruction: Insert Promotions Position Job Function] on behalf of Company on the dates and times specified by Company. Contractor shall also perform such other duties as are customarily performed by other persons in similar positions, as well as such other duties as may be assigned from time to time by the Company. 2. Termination. The parties agree that this Agreement can be terminated by either party hereto, at any time and for any reason permitted by law, whether such termination is with or without cause and with or without notice. 3. Compensation. Contractor shall be paid an hourly rate of ___________ Dollars ($___) per hour, for each hour or fraction thereof assigned and completed, in accordance with Company’s standard payroll procedures, but in no event less frequent than bi-monthly. Contractor agrees that Contractor’s services will be rendered by Contractor as an independent contractor and that this Agreement does not create an employer-employee relationship between Contractor and Company. Company shall have no right to receive any employee benefits including, but not limited to, health insurance, life insurance, sick leave and/or vacation. Contractor agrees to pay all taxes including, self-employment taxes due in respect of the Commission and to indemnify Company in the event Company is required to pay such taxes on behalf of Contractor. 4. Indemnification. Contractor hereby agrees to indemnify, defend, save, and hold harmless Company, its shareholders, officers, directions, and other agents, from and against all claims, liabilities, causes of action, damages, judgments, attorneys’ fees, court costs, and expenses which arise out of or are related to the Contractor’s performance of job functions or duties under this Agreement, failure to perform job functions or duties as required, or result from conduct while engaging in any activity outside the scope of this Agreement, before, during or after the termination of this Agreement. Contractor understands that this obligation of indemnification survives the expiration or termination of this Agreement. 5. Restrictive Covenants. A. Contractor hereby agrees that, throughout the term of employment with Company and for a period of ___________ (___) [Instruction: Insert Duration] years thereafter, Contractor will not work for or in any way assist any person or entity in the promotion or sale of any products that directly compete with the products of Company within a fifty (50) mile radius of Company’s address, as set forth above, without the prior written consent of Company. B. Contractor agrees that during Contractor’s term of employment with Company and for a period of ___________ (___) [Instruction: Insert Duration] years thereafter, Contractor will not recruit any of Employer’s employees for the purpose of any outside business. C. Contractor shall keep Company’s Confidential Information, including but not limited to: business secrets, promotion tactics, customers, logistical, financial, research, and development information, confidential and shall not disclose them to any third party without the prior written consent of Company. D. Contractor agrees that any breach by Contractor of subparagraphs 4(A), 4(B) and4(C) would cause irreparable damage to Company, and in the event of such breach, Company shall have, in addition to any and all remedies at law, the right to an injunction, specific performance or other equitable relief to prevent the violation or threatened violation of Contractor's obligations hereunder. 6. Miscellaneous. A. This Agreement constitutes the entire agreement between the parties hereto with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof. B. In the event that any provision or part of this Agreement shall be deemed void or invalid by a court of competent jurisdiction, the remaining provisions or parts shall be and remain in full force and effect. C. Any modification to this Agreement must be in writing and signed by the parties or it shall have no effect and shall be void. D. This Agreement is binding upon and shall inure to the benefit of the respective successors, licensees and/or assigns of the parties hereto. Company may assign any or all of Company’s rights and/or obligations hereunder to any assignee, licensee or designee of Company, and all succeeding assignees, licensees or designees. Contractor acknowledges that Contractor’s services are unique and personal. Accordingly, Contractor may not assign Contractors delegate his duties or obligations under this Agreement. E. The waiver by either party of a breach or violation of any provision of this Agreement shall not constitute a waiver of any subsequent or other breach or violation. F. This Agreement shall be governed in accordance with the laws of the State of _____________ [Instruction: Insert State], applicable to agreements to be wholly performed therein, with jurisdiction exclusive to the Federal and State courts located in the County of _____________ [Instruction: Insert County], State of ______________ [Instruction: Insert State]. IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first written above. CONTRACTOR: ________________________________ [Instruction: sign] By: ___________________________ [Instruction: Insert Name of Signatory] Title: ___________________________ [Instruction: Insert Title of Signatory] COMPANY: ________________________________ [Instruction: sign] By: ___________________________ [Instruction: Insert Name of Signatory] Title: ___________________________ [Instruction: Insert Title of Signatory]
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