This GROUP MARKETING AGREEMENT (the “Agreement”) is made between Vivid Candi, Inc. (the “Company”) and any business that submits the form to sign up for the “Malibu Island” influencer content tour (Herein referred to as “Client”), an individual or company. In consideration of services with the Company, the undersigned individual or company agrees that:
SCOPE OF WORK:
The Company will perform influencer marketing, strategy & outreach services for 1 month (30 days) from the official start date with 150 hours of labor included.
PAYMENT TERMS:
All payments will be made upfront on a Net 5 term from invoice date. Non-payment by the due date will result in immediate removal from group marketing. If such removal reduces participants under 20 which all pricing is based off of, hours will reduce equally without increasing price.
MARKETING RESULTS:
No exact results are guaranteed by the Company. Company will always strive to achieve the industry standard or above, but no exact results can be guaranteed as all advertising is a risk. For this particular group influencer effort, we can not guarantee which participating businesses influencers visit on the content tour menu we provide them but understand ANY VISIT to Malibu physically will be in the best interest of ALL participants since the goal is to drive overall Malibu visits leveraging followers of these influencers.
AGENCY SIDE CANCELLATION:
Company reserves the right to cancel a clients contract at any time without refund with reasonable cause (i.e. sexual harassment to a employee or independent contractor, verbal abuse, illegal activity, ethical or moral reasons, etc.). Company will first provide Client written notice of reasonable cause with any possible remedies to prevent cancellation (if possible).
CLIENT SIDE SEXUAL HARASSMENT:
In the event Client sexually harasses any employee or independent contractor of Company, reasonable and legally compliant immediate remedies must be made by Client. Company may change assigned staff immediately and/or cancel agreement(s) without refund reviewed on a case by case basis. IF ANY EMPLOYEE OR INDEPENDENT CONTRACTOR OF COMPANY CLAIMS ANY DAMAGES AND/OR SUES, CLIENT INDEMNIFIES COMPANY AND HOLDS THEM 100% HARMLESS AND WILL TAKE 100% LIABILITY FOR ALL RELATED EXPENSES, DAMAGES AND ATTORNEY FEES AS A DIRECT DEFENDANT IN ANY AND ALL LEGAL PROCEEDINGS..
REFUNDS / CREDIT CARD CHARGEBACKS:
ALL PAYMENTS MADE TO COMPANY ARE NON-REFUNDABLE UPON RECEIPT.
CONSEQUENTIAL DAMAGE:
Client will not hold Company responsible or liable for any consequential damages such as loss of profits, punitive damages or any other damages claimed. Any damages pursued will be limited to only any funds paid successfully to the Company.
CONTRACT CHANGES VIA EMAIL:
Client may not use emails to change this agreement in any way whatsoever. This applies to email strings of any sort and Client understands this agreement will not be altered or voided in any way as a result of email communication and will not be admissible in court. Any alterations to the original agreement are required to be signed and in writing.
NON-SOLICITATION OF VIVID CANDI EMPLOYEES & INDEPENDENT CONTRACTORS:
Any attempt on the part of the Client to induce any employee or independent contractor to leave Company, or any effort by the Client to interfere with Company’s relationship with its employees or independent contractors would be harmful and damaging to Company. The Client agrees that, during the term of this Agreement, and for a period of two (2) years after the termination of the Agreement, the Client will not in any way directly or indirectly:1) Induce or attempt to induce any employee or independent contractor of Company to quit employment or any other type of professional relationship they have with Company and/or to otherwise interfere with or disrupt the Company’s relationship with its employees and/or independent contractors.2) Client may not discuss employment opportunities or provide information about competitive employment to any of Company’s employees or independent contractor or solicit, entice, or hire away any employee or independent contractor of the Company.
ATTORNEY FEES:
In any legal action between the parties concerning this Agreement, the prevailing party shall be entitled to recover reasonable attorneys fees and costs.
GOVERNING LAW FOR THIS AGREEMENT:
This agreement will be governed by the current laws of the state of California and any disputes must be resolved at the court located in Santa Monica, California.
By taking the action to “SUBMIT” on this form, the Client understands and agrees to all terms on this marketing services agreement with Vivid Candi, Inc.
