Promotion and Product Placement Agreement
THIS AGREEMENT (this "Agreement"), is made and entered into this ___ day of _______, by and between _________________________________________ __________________________________________(include company, address, phone , email)("Customer") and ____________________________________ located at __________________(“Company”) RECITALS: WHEREAS, Customer is a manufacturer [wholesale supplier] of __________________ (“Products”); 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 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. Appointment. Customer hereby appoints Company on a nonexclusive basis for 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 distribution group. Products shall include the products and items for placement as set forth in the Appendix 3 attached to this Agreement. 2. Rights Granted. Customer grants to Company and its subsidiaries during the term of this Agreement: (i) the exclusive irrevocable right in the United States, and _______________[add if any] (the „Territory”) to promote the Products through television programs which requests a consumer to respond to any promotion of any product or service by mail, telephone or other electronic means; (ii) 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 (iii) 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.
Promotion and Product Placement Agreement
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3. Services. Pursuant to the rights granted to Company by Customer as set forth above, Company shall provide Services in the manner described in Appendix 1 attached to this Agreement.
4. Independent Contractor. 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, coowners or otherwise, or allow Company to create or assume any obligation on behalf of Customer for any purpose whatsoever.
5. Compensation. During the Term of this Agreement, unless earlier terminated pursuant to the terms of this Agreement, Customer shall pay Company in the manner described in Appendix 2 attached to this Agreement