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Agreement Between Advertiser & Advertising Agency
THIS AGREEMENT is made this __________ day of __________ 20 __, by and between [Name] (hereinafter referred to as the "Agency"), a company organised, and existing under the laws of the State of ________, with its principle place of business located at [Address], and [Name], (hereinafter referred to as the "Advertiser"), a company, with its principle place of business located at (Company address), do hereby agree to the following:
WHEREAS, the Advertiser hereby permits the Agency to render on an exclusive/non exclusive basis the following services:
[Description of Services]
______________, and the Agency agrees to render to the Advertiser all the services customarily performed by an advertising agency within such designated budget as the Advertiser may set from time to time.
In consideration of the services rendered by the agency to advertiser, the Agency shall receive an amount equal to (-%) of the gross charges of media advertising placed therewith by the Advertiser pursuant to this agreement. The following extra services will be rendered to the Advertiser for the compensation stated: (describe in detail).
The Agency shall provide an accounting to the Advertiser every (--) days and shall be due and payable on the (--) day of each month. Any additional services provided shall be due and payable by the Advertiser within (--) days from the date of receipt with interest at the highest legal rate due thereafter. The Agency shall pass along all applied discounts it may receive from time to time from the media to the Advertiser.
Accounting Upon Termination
On termination of this contract by either party, The Advertiser shall pay the Agency the cost of the finished material or in preparation, which the Advertiser has previously approved. The Agency shall also be entitled to receive full commissions on any advertising that it has prepared and is eventually used by the Advertiser. When all the agency's invoices are paid, the Agency shall deliver to the Advertiser all materials in its possession that were paid for by the Advertiser. The Advertiser shall assume the Agency's responsibility for all outstanding agreements made on the Advertiser's behalf.
From time to time the Advertiser may furnish or provide certain confidential company information to the Agency regarding its business and prospects which are to be rendered as trade secrets of the Advertiser. As to such materials, the Advertiser shall conspicuously mark the same with the term "Personal & Confidential" and if not disclosed in writing, the same shall be promptly reduced to writing. The Agency agrees not to disclose such confidential information.
This agreement, in its entirety, contains the full understanding of the parties. It may not be changed orally but only by an instrument in writing signed by the party against whom enforcement of any change, extension, modification, waiver or discharge is sought.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at ___________ (City), ________ (State).