Free Sales and Marketing Agreement Creator - Create Online

SALES AND MARKETING AGREEMENT

This Sales and Marketing Agreement (the "Agreement") is entered into as of [Date], by and between MarketMasters Solutions Inc, a [State Name] corporation with its principal place of business at [Address] ("MarketMasters"), and TechInnovate Enterprises LLC, a [State Name] limited liability company, with its principal place of business at [Address] ("TechInnovate") (collectively, the "Parties").

WHEREAS, MarketMasters possesses certain skills, experience, and expertise in the fields of sales and marketing, and TechInnovate desires to engage MarketMasters for the provision of marketing support services;

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Sales and Marketing Services

1.1. Scope of Services

MarketMasters shall provide sales and marketing support services to TechInnovate for its products (the "Services") as described in the attached Exhibit A, which is incorporated herein by reference. The Services may be modified and/or expanded by mutual agreement of the Parties in writing.

2. Sales Targets and Marketing Strategies

2.1. Sales Targets

TechInnovate and MarketMasters shall establish mutually agreed upon written sales targets for each calendar quarter during the term of this Agreement (the "Sales Targets") by no later than thirty (30) days prior to the start of each quarter. These Sales Targets shall be outlined and attached hereto as Exhibit B.

2.2. Marketing Strategies

MarketMasters shall develop and execute any mutually agreed upon marketing strategies and campaigns that support the Sales Targets and the marketing objectives of TechInnovate. Such strategies shall be detailed in a marketing plan to be agreed upon between the parties and updated on a yearly basis, and attached hereto as Exhibit C.

3. Revenue Sharing

3.1. Revenue Allocation

In consideration of the Services provided by MarketMasters, TechInnovate agrees to pay MarketMasters a percentage of net revenues derived from the sale of TechInnovate’s products that result from MarketMasters’ Services. The revenue sharing percentage shall be set forth in Exhibit D, as amended from time to time by mutual written agreement of the Parties.

3.2. Payment Terms

MarketMasters shall submit invoices to TechInnovate for all revenue-sharing amounts on a monthly basis. TechInnovate shall pay MarketMasters within thirty (30) days following TechInnovate's receipt of each such invoice.

4. Promotional Efforts

MarketMasters and TechInnovate shall cooperate and coordinate their marketing and promotional efforts relating to the marketing and sale of TechInnovate's products. These efforts may include conferences, trade shows, advertising, public relations, and other promotional activities as agreed upon by the Parties in writing.

5. Confidentiality

Each Party agrees to hold in confidence and not disclose to any third party or use any confidential information or proprietary information of the other Party disclosed or made available to it during the term of this Agreement, except for the purpose of performing its obligations under this Agreement.

6. Term and Termination

6.1. Term

This Agreement shall commence on the Effective Date and continue for a period of one (1) year unless earlier terminated in accordance with the provisions hereof. Thereafter, the Agreement shall automatically renew for successive one (1) year periods unless either Party provides written notice of non-renewal to the other Party at least sixty (60) days prior to the expiration of the then-current term.

6.2. Termination

Either Party may terminate this Agreement upon thirty (30) days' written notice to the other Party if the other Party is in material breach of the Agreement and fails to cure such breach within the notice period. Additionally, either Party may terminate this Agreement immediately upon written notice to the other Party if the other Party becomes insolvent, ceases to do business, or enters into bankruptcy proceedings.

7. Governing Law

This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the United States and the State of [State Name], without regard to any conflicts of law principles.

8. Miscellaneous

8.1. This Agreement, including the Exhibits attached hereto, contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes any prior or contemporaneous agreements, whether oral or written.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

MarketMasters Solutions Inc

____________________________
[Authorized Representative Name]
[Title]

TechInnovate Enterprises LLC

____________________________
[Authorized Representative Name]
[Title]