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What is Promotional Agreement?

Promotional Agreement A Promotional Agreement governs promotional activities, specifying promotional terms, advertising methods, responsibilities, and any incentives or compensation for promotion.



Sample template:



PROMOTIONAL AGREEMENT


This Promotional Agreement (the "Agreement") is entered into on [Effective Date] (the "Effective Date") by and between Stellar Promotions Inc., a company incorporated under the laws of the United States, with its principal office at [Address] ("Stellar") and MediaBlitz Marketing LLC, a company incorporated under the laws of the United States, with its principal office at [Address] ("MediaBlitz") (collectively referred to as the "Parties" and individually as a "Party").

1. PROMOTIONAL SERVICES

1.1. Promotional Services


During the term of this Agreement, MediaBlitz shall provide the promotional services as described in Exhibit A to this Agreement (the "Promotional Services") to Stellar for the purpose of advertising and promoting Stellar's products and services (the "Products") in accordance with the terms and conditions of this Agreement.



1.2. Advertising Methods


MediaBlitz shall use various advertising methods mutually agreed upon by the Parties to promote the Products. These methods may include, without limitation, online marketing, social media advertising, email marketing, print advertising, television and radio commercials, and other marketing channels as mutually agreed upon by the Parties (collectively referred to as the "Advertising Methods").



2. RESPONSIBILITIES OF THE PARTIES

2.1. Responsibilities of Stellar


Stellar shall provide MediaBlitz with any necessary information, materials, and resources reasonably required by MediaBlitz to perform the Promotional Services, including, without limitation, access to Stellar's website, social media accounts, and any logos, trademarks, branding materials, marketing collateral, product descriptions, and images.



2.2. Responsibilities of MediaBlitz


MediaBlitz shall perform the Promotional Services in a timely, professional, and diligent manner in accordance with any performance requirements specified in Exhibit A. MediaBlitz shall comply with all applicable laws, regulations, and industry standards when initiating, conducting, and completing any projects, campaigns, or other activities related to the Promotional Services. In addition, MediaBlitz shall obtain all necessary permits, licenses, and authorizations required to perform the Promotional Services.



3. COMPENSATION AND PAYMENT TERMS

3.1. Compensation


In consideration for the Promotional Services to be provided by MediaBlitz, Stellar shall pay MediaBlitz the fees and expenses specified in Exhibit B to this Agreement, which are not subject to any set-off or deduction (the "Fees").



3.2. Payment Terms


Within thirty (30) days of receipt of an invoice from MediaBlitz, Stellar shall pay the invoiced amounts to MediaBlitz. Any amounts not paid within this time period may be subject to a late fee of [Percentage] per month, or the highest amount allowed under the law, whichever is lower.



4. TERM AND TERMINATION

4.1. Agreement Term


This Agreement shall commence on the Effective Date and shall continue in force for a period of [Number] months (the "Term"), unless terminated earlier in accordance with the terms of this Agreement.



4.2. Termination for Cause


Either Party may terminate this Agreement immediately upon written notice to the other Party if the other Party: (a) commits a material breach of this Agreement and does not cure such breach within thirty (30) days after receiving written notice thereof, (b) becomes insolvent, (c) files or has filed against it, a petition for bankruptcy, or (d) suffers or permits the appointment of a receiver for its business or assets.



4.3. Effects of Termination


Upon termination or expiration of this Agreement, MediaBlitz shall deliver to Stellar all work completed or in progress as of the date of termination, and Stellar shall pay MediaBlitz for all Promotional Services rendered up to the date of termination. To the extent not prohibited by law, Stellar shall have no further liability or obligations to MediaBlitz.



5. CONFIDENTIALITY

5.1. Confidential Information


During the Term and for a period of two (2) years thereafter, each Party shall treat as confidential and not disclose to any third party without the other Party's prior written consent any information that is designated as confidential by the disclosing Party or is otherwise reasonably understood to be confidential ("Confidential Information").



6. INTELLECTUAL PROPERTY

6.1. Intellectual Property Rights


All trademarks, copyrights, patents, trade secrets, and other intellectual property rights in any materials or work product provided by one Party to the other Party under this Agreement shall remain the exclusive property of the providing Party, unless otherwise specifically agreed upon in writing by the Parties.



7. INDEMNIFICATION

7.1. Indemnity


Each Party shall indemnify, defend, and hold harmless the other Party and its affiliates, officers, directors, employees, agents, licensors, and representatives from and against any and all claims, demands, actions, suits, losses, liabilities, damages, and expenses (including reasonable attorney's fees) arising out of or resulting from: (a) breach of this Agreement; (b) gross negligence or willful misconduct; or (c) violation of any applicable laws, rules, or regulations.



8. GOVERNING LAW AND DISPUTE RESOLUTION

8.1. Governing Law


This Agreement shall be governed by and construed in accordance with the laws of the United States, without regard to any conflict of laws principles.



8.2. Dispute Resolution


In the event of any dispute arising out of or relating to this Agreement, the Parties shall use their best efforts to resolve it through good faith negotiations. Failing resolution by negotiation, either Party may submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association.



9. MISCELLANEOUS

9.1. Entire Agreement


This Agreement, along with any exhibits, schedules, or attachments hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and shall supersede all prior agreements, negotiations, representations, or proposals relating thereto, whether oral or written.



9.2. Amendments


No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties.



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

STELLAR PROMOTIONS INC. MEDIABLITZ MARKETING LLC

By: ___________________________ By:____________________________

Name: _________________________ Name:__________________________

Title:___________________________ Title:___________________________

Date:___________________________ Date: __________________________

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Sections of a Promotional Agreement


In this Promotional Agreement, you will see the following sections:

  1. Promotional Services
  2. Responsibilities of the Parties
  3. Compensation and Payment Terms
  4. Term and Termination
  5. Confidentiality
  6. Intellectual Property
  7. Indemnification
  8. Governing Law and Dispute Resolution
  9. Miscellaneous


Summary of the sections:

  1. Promotional Services : This section outlines the promotional services that MediaBlitz will provide to Stellar to advertise and promote Stellar's products. It also describes the various advertising methods that will be used, such as online marketing, social media advertising, and more.

  2. Responsibilities of the Parties : This section details the responsibilities of both Stellar and MediaBlitz. Stellar must provide necessary information and resources for MediaBlitz to perform the promotional services, while MediaBlitz must perform the services professionally and in compliance with laws and regulations.

  3. Compensation and Payment Terms : This section explains how Stellar will compensate MediaBlitz for their promotional services, including the fees and expenses specified in Exhibit B. It also outlines the payment terms, such as the 30-day payment window and potential late fees.

  4. Term and Termination : This section establishes the duration of the agreement and the conditions under which either party may terminate the agreement, such as material breach, insolvency, or bankruptcy. It also explains the effects of termination, including payment for services rendered up to the termination date.

  5. Confidentiality : This section requires both parties to treat each other's confidential information with care and not disclose it to third parties without prior written consent for a period of two years after the agreement's end.

  6. Intellectual Property : This section states that all intellectual property rights in materials provided by one party to the other remain the exclusive property of the providing party, unless otherwise agreed upon in writing.

  7. Indemnification : This section requires each party to indemnify, defend, and hold the other party harmless from any claims, losses, or damages arising from breaches of the agreement, gross negligence, willful misconduct, or violations of laws and regulations.

  8. Governing Law and Dispute Resolution : This section establishes that the agreement is governed by the laws of the United States and that any disputes will be resolved through negotiation or binding arbitration under the rules of the American Arbitration Association.

  9. Miscellaneous : This section covers various miscellaneous provisions, such as the agreement being the entire agreement between the parties, the requirement for amendments to be in writing and signed by both parties, and the execution of the agreement by both parties.

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