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SAMPLE AGREEMENT WITH MARKETER

THIS AGREEMENT (the “Agreement”) is made and entered on __________ [Insert


date] between ________ [Insert Client Name] having its registered office at __________
(hereinafter referred to as the Client), which expression shall, unless it be repugnant to
the context or meaning thereof, be deemed to mean and include its successors and
assigns) of the ONE PART and SNAD Media, 23, Nandanvan Society, Faramji Rd, Bh.
Railway Station, Alkapuri, Vadodara-390007 (hereinafter referred to as the Marketer)
which expression shall, unless it be repugnant to the context or meaning thereof, be
deemed to mean and include its successors and assigns) of the OTHER PART.

WHEREAS the Marketer is providing services related to Marketing and Advertising.

WHEREAS the Client has approached the Marketer to provide services at __________
(Rate of Service).

WHEREAS, each Party is duly authorized and capable of entering into this Agreement.

NOW THEREFORE, in consideration of the above recitals, the Parties hereby agree as
follows:

1. Scope of Services:

2. Compensation:

Client shall provide compensation to the Marketer as follows:

Sr. Task No. of Costing


No. Services

1 Service Cost - For 1 30000 /- per month


Marketing & Branding

2 Advertisement 1 Basic spend: 15 - 20k / per month


For first 5-6 months
As per campaign and client
requirements 

3 Influencer Marketing 1 Basic spend: 25-30k / per month


For first 3-4 months 
As per campaign and client
requirements 

4 3rd party channels  1 Our Vadodara - approx 6500/- for 1


post
People of Vadodara - 2500/- for 1 post
News Channels, Newspaper, Magazine
as per industrial standard

5 Documentation 1 As per Industrial Standards 


Management  (Starts from 15k till 1lac as per
(Photography & requirement of our shoot)
Videography)

3. Payment:

The Marketer will charge the client the flat fee of Rs. ___ for the services provided. The
following points will be considered for the payment:

● The Client will be invoiced monthly for the said contract period.
● Invoices submitted by the Marketer are due within 10 days of receipt.
● The client will be charged 5% handling charges for payments done by the
Marketer using their own cards.
● The cost of Ads on social media platforms is to be paid on commencement
of the month.
● In the event that this agreement is terminated by the client prior to the
completion of the Services but where the Services have been partially
performed, the Marketer will be entitled to pro rata payment to the date of
termination provided that there has been no breach of contract on the part
of the Marketer.
● The payment as stated in this agreement does not include GST, or any
other applicable duties as may be required by the law. GST and other
applicable duties will be charged to the Client in addition to the payment.

4. Escalation Clause:

If during the term of the contract the Marketer can increase the price of the contract
under reasonable circumstances. The price will be increased based on the value
exchange table. The Client reserves full right of accepting or rejecting the proposal.
Upon rejection, the agreement will terminate after 25 days.

5. Reimbursement of expenses:

The Marketer will be reimbursed from time to time for reasonable and necessary
expenses incurred by the Marketer in connection with providing the Services. All
expenses must be pre-approved by the Client.

6. Confidentiality:

Confidential Information refers to any data or information relating to the client,


whether business or personal, which would reasonably be considered to be private to
the Client and that is not generally known and where the release of that Confidential
Information could reasonably be expected to cause harm to the Client.

The Marketer agrees that they will not disclose, divulge, reveal, report or use, for any
purpose, any Confidential Information which the Marketer has obtained, except as
authorized by the Client or as required by the law. The obligations of confidentiality
will apply during the term and will survive indefinitely upon termination of the
Agreement.

7. Term/Termination:
This Agreement shall commence on ______ [Commencement Date] and remain in effect
for 6 months. This Agreement may be extended by mutual written consent of both
parties. If either party seeks to terminate this Agreement, the terminating party must
provide 25 days notice to the other party.

8. Independent Contractor Status:

The Marketer is serving as an independent contractor in providing the Services. Under


this Agreement, the Marketer is neither an employee nor a partner of the Client.

9. Proprietary Information:

All work performed under this Agreement (“Work Product”), including without
limitation all notes, reports, documentation, drawings, computer programs, inventions,
creations, works, devices, models, work-in-progress and deliverables will be the sole
property of the Marketer, and Client hereby assigns to the Marketer all right, title and
interest therein, including but not limited to all audiovisual, literary, moral rights and
other copyrights, patent rights, trade secret rights and other proprietary rights therein.
Client retains no right to use the Work Product and agree not to challenge the validity of
the Marketer’s ownership in the Work Product.

After the termination of the contract if the Client requires its material within 45 days it
will be provided to them in final formats and no open files will be shared. The Marketer
takes no responsibility of keeping the materials after 45 days of termination of the
contract.

Client hereby assigns to the Marketer all right, title, and interest in any and all
photographic images and videos or audio recordings made by the Marketer during
Client’s work for them, including, but not limited to, any royalties, proceeds, or other
benefits derived from such photographs or recordings.

10. Notice:

All notices required or permitted under this Agreement will be provided in writing and
delivered to both parties.
11. Governing Law:

The laws of the State of Gujarat govern all matters arising out of or relating to this
Agreement and the transactions it contemplates, including, without limitation, its
interpretation, construction, validity, performance, and enforcement.

12. Assignment/Delegation:

The Client may not assign any of its rights under this Agreement or delegate any
performance under this Agreement, except with the prior written consent of the
Marketer. Any purported assignment of rights or delegation of performance in violation
of this section is void.

13. Modification of Agreement:

Any amendment or modification of this agreement or additional obligation assumed by


either Party in connection with this Agreement will only be binding if evidenced in
writing signed by each party or an authorized representative of each party.

14. Entire Agreement:

This Agreement constitutes the entire agreement between the parties with respect to the
subject matter of this Agreement and supersedes all other agreements, whether written
or oral, between the parties.

15. Force Majeure:

Neither party shall be liable for delays or failure in its performance hereunder caused
by any act of God, war, strike, labor dispute, work stoppage, fire, act of government, or
any other major cause, beyond the control of that party.

Marketer’s name: _________________

Marketer’s signature: _________________

Representative: _________________
Date: _________________

Client name: _________________

Client signature: _________________

Representative: _________________

Date: _________________

Witness 1:

Witness 2:

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