This is an agreement between a promotion company and a client for promotional and
product placement services. Under this agreement, the client grants the promotion
company an irrevocable right to promote their products through television programs,
feature films, or other visual media formats. In addition, the agreement contains
appendices that can be fully customized by the user. These appendices set forth the
products to be sold, the services to be provided by the company, and the compensation
rate. This document should be entered into between small businesses or other entities
that want to engage a promotional company to market and advertise their products.
Promotion and Product Placement Agreement
THIS AGREEMENT (“Agreement”), is made and entered into this ___ day of ______, by and
between _________________, located at __________________ (“Customer”) and
_______________ located at __________________ (“Company”), hereinafter collectively
referred to as the “Parties.”
WHEREAS, Customer is a manufacturer [wholesale supplier] of __________________
WHEREAS Company is in the business of promotion, marketing and sale of the products into
retail channels of trade located in the United States;
WHEREAS Customer desires to retain the services (“Services”) of Company to promote, market
and enhance the sales of its Products for the Term of this Agreement and Company is willing to
provide such Services to Customer on the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein and for other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Parties hereto intending to be legally bound, hereby agree as follows:
1.1 Customer hereby appoints Company on a nonexclusive basis to provide the Services and
Company hereby accepts such appointment. Company shall use its best efforts to promote
market, sell and distribute (collectively “Promote”) Customer's Products through the Company’s
distribution network. Products shall include the products and items set forth in the Appendix 1
attached to this Agreement.
II. RIGHTS GRANTED.
2.1 Customer grants to Company, its agents and subsidiaries:
A. the exclusive irrevocable right in the United States, and _______________ [add if any]
(the ‘Territory”) to promote the Products through television programs, feature film, or other
visual media format. [Instruction: If there is a direct response element which requests a
consumer to respond to any promotion of any product or service by mail, telephone or other
electronic means, include this in Appendix 2];
B. the nonexclusive irrevocable right in the Territory to Promote the Products through the
Company’s website (www.______________.com) and video streaming on the website; and
C. the nonexclusive irrevocable right in the Territory to use, publish, reproduce and transmit
the trademarks, trade names, logos, and/or patents and copyrights used and/or developed by
Customer in connection with the Products, including without limitation the words to Promote
the Products in accordance with the terms and conditions of this Agreement.
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3.1 Pursuant to the rights granted to Company by Customer as set forth above, Company
shall provide Services in the manner described in Appendix 2 attached to this Agreement.
IV. INDEPENDENT CONTRACTOR.
4.1 For purposes of this Agreement, each party shall be and act as an independent contractor.
Company is an independent contractor, and nothing contained in this Agreement shall be
construed to constitute the Parties as partners, joint-venturers, co-owners or otherwise, or allow
Company to create or assume any obligation on behalf of Customer for any purpose whatsoever.
5.1 During the Term of this Agreement, unless earlier terminated pursuant to the terms
herein, Customer shall pa