Direct Mobile Advertising LLC 12 Tad Lane Old Bethpage NY 11804

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Direct Mobile Advertising LLC 12 Tad Lane Old Bethpage NY 11804 Powered By Docstoc
					                              Direct Mobile Advertising, LLC
                                          12 Tad Lane
                                   Old Bethpage, NY 11804
                                         516-847-4394
                                 www.directmobileadvertsing.com

                                  Vehicle Owner Agreement


____________________, residing at                                                   ,
(CONTRACTOR), agrees to the following terms and conditions of this contracting agreement
with Direct Mobile Advertising, LLC (DMA):

1.      CONTRACTOR agrees to provide advertising services for Direct Mobile Advertising,
LLC clients by displaying magnetic advertisements, to be provided by DMA, on the front car
doors of each side of the vehicle specified in the Vehicle Owner Application. Magnets will be
secured in place by security labels, also to be provided by DMA.
2.      The pay for these services shall be $100 per month, payable monthly, upon satisfactory
completion of the contract terms each month.
3.      The first month’s payment of one hundred ($100) dollars shall be withheld as a security
deposit and paid upon the return of both magnetic advertisements in good condition at the
conclusion of this agreement. Magnetic advertisements are the property of DMA and must be
returned upon request, or at the conclusion of this agreement.
4.      DMA is not responsible for any damage caused by magnets or security labels.
5.      Magnets and security labels may not be removed during the term of this agreement
except for reasons approved by DMA. Removal can, at the sole discretion of DMA, lead to
termination of this agreement and forfeiture of payments and deposit.
6.      CONTRACTOR agrees to and allows DMA to perform unannounced spot checks to
ensure the magnets and security labels have not been removed from the vehicle.
7.      CONTRACTOR must notify DMA within 48 hours when any of the following occurs:
        a)      magnets or security labels are lost, stolen or damaged
        b)      vehicle is sold
        c)      vehicle is stolen
        d)      vehicle is involved in an accident
        e)      CONTRACTOR receives any moving violation in vehicle
        f)      Any other reason arises that makes CONTRACTOR unable to comply with the
                 terms of this agreement.
Failure to notify DMA can, at the sole discretion of DMA, lead to the termination of this
agreement and forfeiture of payments and deposit.
8.      CONTRACTOR agrees to and allows DMA to perform a background check and a motor
vehicle driving record check.
9.      CONTRACTOR authorizes termination of this agreement by Direct Mobile Advertising,
LLC, if Direct Mobile Advertising, LLC determines that the CONTRACTOR has violated a
material term of this agreement.
10.     Application questions were answered truthfully and are factually correct at this time.
11.     This agreement shall become effective once the magnetic advertisements have been
placed on the specified vehicle, and it shall remain in effect until it is terminated by either party.



Private & Confidential                                                                      Page 1 of 3
                            Direct Mobile Advertising, LLC
                                         12 Tad Lane
                                  Old Bethpage, NY 11804
                                        516-847-4394
                                www.directmobileadvertsing.com

                                Vehicle Owner Agreement


Independent Contractor Status

It is the express intention of both parties to this agreement that CONTRACTOR is an
independent contractor and not an employee. This agreement does not create an employee
relationship between DMA and CONTRACTOR.

Covenants of Non-Competition
Due to the significance and materiality of the consideration provided by Direct Mobile
Advertising, LLC and in consideration of the benefits received by CONTRACTOR, the
sufficiency of which is hereby acknowledged, CONTRACTOR agrees that he/she will not
provide services to nor solicit business from companies that are introduced to CONTRACTOR
by Direct Mobile Advertising, LLC or that become known to CONTRACTOR through this
agreement, without prior written consent of Direct Mobile Advertising, LLC for a period of 3
years from the termination of this agreement.

Reasonableness of Restrictions
(a) CONTRACTOR has read and understood the provisions of this Agreement. CONTRACTOR
agrees with the restrictions set forth herein, and agrees that the time period and geographic
location restrictions are fair, reasonable and legitimately necessary for the protection of Direct
Mobile Advertising, LLC's interests.
(b) If any part of the provisions in this agreement shall be held unenforceable or invalid, the
remaining parts thereof shall continue to be enforceable and valid. In the event a court of
competent jurisdiction declares the time period or geographic location restrictions are
unreasonable and/or have exceeded the maximum time period and/or area, Direct Mobile
Advertising, LLC and CONTRACTOR shall request the Court to fix a reasonable time period
and/or geographic location restriction, and the court specified time period and/or area of
restriction shall then become and thereafter be the maximum time period and/or geographic area
which the court deems reasonable and enforceable.

Entire Agreement
This agreement contains the entire agreement and understanding by and between Direct Mobile
Advertising, LLC and CONTRACTOR with respect to the covenant against competition here
referred to, and no understandings, promises, agreements or representation, written or oral, not
herein contained, shall have any force or effect. To be valid or binding, any change or
modification of the terms or provisions herein must be in writing and signed by the party to be
bound.



Private & Confidential                                                                 Page 2 of 3
                           Direct Mobile Advertising, LLC
                                       12 Tad Lane
                                Old Bethpage, NY 11804
                                      516-847-4394
                              www.directmobileadvertsing.com

                               Vehicle Owner Agreement



Both parties agree and realize that a Direct Mobile Advertising, LLC client may terminate our
relationship without cause at any time. Except as provided by law, all employment and
subcontracting is “at will.” Direct Mobile Advertising, LLC and CONTRACTOR each have the
right to terminate any employment or subcontractor relationship at any time without cause.

CONTRACTOR understands that Direct Mobile Advertising, LLC is not responsible for any
statutory plans as defined by New York State, that is, Workmen’s Compensation, New York
State Unemployment, Federal, State and City Withholdings, Employment Taxes, and any others.

CONTRACTOR                                        Direct Mobile Advertising, LLC

By:                                               By:

Name:                                             Name:

Date:                                             Date:




Private & Confidential                                                              Page 3 of 3

				
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Description: Mobile Advertising Agreement document sample