advertising contract

Advertisement Contract

This Advertisement Contract (the “Contract”) is entered into between [Advertiser] (the “Advertiser”) and [Publisher] (the “Publisher”) effective as of the [date] of the Contract.

Recitals

A. The Advertiser wishes to place an advertisement with the Publisher.

B. The Publisher agrees to publish the advertisement as specifically identified in this Contract.

Agreement

In consideration of the payments set out in this Contract, and other good and valuable consideration, such as the Promised Performance (defined below), the receipt and sufficiency of which is acknowledged, the Advertiser and the Publisher hereby agree to the following terms and conditions:

1. Subject Matter, Extent, and Format of Advertisements. The Advertiser hereby agrees to the specific ad that has been agreed upon by the Advertiser and the Publisher. The advertisements (the “Advertisements”) shall appear in the publication of the Publisher. The Advertiser provides the content and text of the Advertisement as specified in Exhibit A, attached and incorporated herein.

2. Payment. The Advertiser agrees to pay the Publisher the applicable fees set out in Exhibit B attached and incorporated herein. All payments by the Advertiser shall be due within thirty (30) days from the commencement of the Publication.

3. Promotion is Required. The Advertiser further agrees to promote the Advertisement with commercially reasonable efforts on a quarterly or monthly basis. Such promotion efforts shall be agreed to by the Advertiser and the Publisher in a Promised Performance document, attached hereto and incorporated herein.

4. Changes and Cancellation. The Advertiser shall have the right to change, delete, or revise the Advertisement prior to or after publication. The Advertiser may also cancel the Advertisement for any reason with one (1) week prior written notice to the Publisher.

5. Intellectual Property. The Advertiser represents and warrants that it owns all rights and licenses necessary to the use of all words, trademarks, drawings, artwork, photographs, and logos to identify the Advertiser and the Advertisements, and has obtained all necessary consents and licenses to the use of such materials in the Advertisements. The Advertiser further agrees to represent and warrant to the Publisher that any information contained in the Advertisement is true and accurate, and that the Advertisement does not and shall not infringe upon any third party rights.

6. Representations and Warranties. The parties hereby represent and warrant to each other that:

a. each party has full power and authority to enter into this Contract and to perform its obligations hereunder;

b. the execution and delivery of this Contract by the parties does not conflict with or result in a breach of any term or condition of any law or agreement to which it is a party or by which it is bound; and

c. the parties have obtained all necessary consents and approvals required to enter into this Contract.

7. Indemnification. The Advertiser agrees to indemnify and hold the Publisher harmless against any liability, claims, damages, costs and expenses, including attorneys’ fees, arising out of or in connection with the advertising, publication or promotion of the Advertisement.

8. Governing Law; Arbitration. This Contract shall be interpreted, governed, and construed in accordance with the laws of [State], without regard to its conflicts of laws principles. Any disputes arising out of or related to this Contract shall be submitted to and finally settled by binding arbitration done in [city], [state], in accordance with the arbitration rules of [arbitration institution].

9. Entire Agreement. This Contract constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all prior agreements, discussions, negotiations, representations, and understandings, written or oral, between them with respect thereto.

10. Counterparts and Execution. This Contract may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

[Signatures on the Following Page]

IN WITNESS WHEREOF, the Advertiser and the Publisher have executed this Contract and caused the same to be effective as of the date first written above.

Advertiser:

Publisher:

[Name]

[Name]

By: _______________________

By: _______________________

Title:

Title:

Advertising Agreement

This advertising agreement (the “Agreement”) is made and entered into as of [date] (the “Effective Date”), by and between [client name], a [client state] corporation with a principal place of business at [client address] (“Client”) and [vendor name], a [vendor state] corporation having its principal place of business at [vendor address] (“Vendor”).

Whereas, Client desires to feature its products/services in advertising created by Vendor.

Now, therefore, in consideration of the mutual covenants and agreements herein, the parties agree as follows:

1. Description of Services: Vendor shall create and design for Client, at Client’s request and direction, an advertising campaign. Vendor shall ensure that the nature of the advertising campaign is appropriate and suitable for Client’s business and its products or services.

2. Payment: Payment shall be made by Client to Vendor in the amount of [payment amount], per month (the “Payment”). Payment shall be made by Client within [payment terms] days of receipt of invoice.

3. Ownership: All title, ownership rights and intellectual property rights in and to the results and proceeds of any service provided by Vendor, including but not limited to campaigns, logos, designs and writings, shall remain with Vendor upon termination or expiration of this Agreement.

4. Default: Breach of any of the terms, conditions, or obligations of this Agreement by either party shall constitute a default. A party in default may be held liable for any and all loss, damage, or cost resulting from such breach, as well as processing expenses and reasonable attorneys’ fees.

5. Indemnity: Each party shall indemnify and hold the other harmless from any loss, damage, or cost incurred as a result of a breach of this Agreement or violation of any third-party rights.

6. Governing Law: This Agreement shall be governed by and interpreted in accordance with the laws of [state].

IN WITNESS WHEREOF, the parties have executed this Advertising Agreement as of the Effective Date.

[Client Name]

[Vendor Name]