SPONSORED SOCIAL MEDIA AGREEMENT
TalentName: StockingtonMarketer: The Glad Products Company
Agency: Current Lifestyle MarketingProgram Name:Glad Black Bag FY12
Date of Service:Week of April 30, 2012Fee: $2,500.00
Program Term: Week of April 30, 2012
Territory:United States and worldwide for internet
Media:Twitter.com
Talent shall post one (1) message toTalent’s personal Twitter handle, as drafted by Agency (on behalf of Marketer) and approved by Talent, which shall not be unreasonably withheld, conditioned or delayed (“Posts”). Talent also agrees that Marketer may share the Twitter Post on Marketer’s Twitter and Facebook accounts. In addition, Marketer, may use the Posts as part of a social media buy on Twitter (e.g. as a promoted tweet).
Talent hereby irrevocably authorizes and grants permission to the above-named Agency and Marketer, their successors and assigns, to use, separately or together, Talent’s name, picture or other likenesses (collectively, “Talent’s Likeness”), to the extent necessary to utilize the Posts in accordance with this Agreement.
Talent’s services will be rendered on a mutually agreed upon date during the Program Term. Talent agrees to promptly review and approve Posts within forty eight (48) hours of submission of Posts to Talent. In the event Talent fails to respond within forty-eight (48) hours, such Posts shall be deemed approved. Talent further agrees that during the Term, Talent will not make any statements that disparage or reflect unfavorably on the Program, Agency or Marketer.
Talent shall not remove the Posts on Talent’s Facebook page and Twitter handle prior to the end of the Program Term. Posts may remain on Marketers’ Facebook and Twitter pages in perpetuity, and Marketer is under no obligation to delete the Posts.In addition, Posts may be used by Agency and Marketerin perpetuity for internal purposes.
In connection with the above, Talent hereby releasesMarketer and Agency from all liability, loss, claims, suits or damages arising out of or in connection with the authorized use of Talent’s Likeness, including but not limited to, compensatory, punitive, enhanced, consequential and incidental damages and reasonable attorneys’ fees, whether such damages arise under contract, tort or statute.
Talent agrees to keep the terms of this Agreement confidential including, without limitation, the compensation paid to Talent and Talent shall not disclose any such terms without Agency’s prior written permission. Talent further agrees to keep confidential all documents and other materials delivered by Agency or Marketer to Talent. Talent shall submit an invoice for the fee amount, which invoice shall be paid within thirty (30) days of receipt.
Talent agrees that if Talent commits a material breach of any provision of this Agreement or at any time fails or refuses to fulfill Talent’s obligations hereunder, then Marketer or Agency may terminate this Agreement and Talent will not be entitled to any compensation. Talent further agrees that if Talent should die, or fail to fulfill Talent’s obligations hereunder due to illness, injury or accident so that, in Marketer's or Agency's judgment, Talent’s disability will preclude Talent from rendering the Services described above, then Marketer or Agency may terminate this Agreement and Talent will not be entitled to any compensation.
Talent represents and warrants that Talentis twenty-one years old or older (or, if not, that a parent or legal guardian will sign on Talent’s behalf) and that this Agreement does not in any way conflict with any existing commitments on Talent’s part. Talent further warrants and represents that Talent has the full right to enter into this Agreement without violating the legal or equitable rights of any third party. Talenthas not heretofore authorized (which authority is still in effect), nor will Talent authorize or permit the use of Talent’s name, picture, portrait, likeness or testimonial statement during the Term in connection with the advertising or promotion of anyproduct or service competitive to Marketer’s brand and products including .
Talent agrees to the representations and warranties set forth on Exhibit A, which are incorporated herein.
Nothing contained herein will constitute any obligation on the parties hereto to make any use of the rights set forth herein. This Agreement contains the entire understanding between the parties regarding the subject matter hereof and supersedes all prior understandings. No waiver, modification or addition to this Agreement shall be valid unless in writing and signed by the parties hereto. This Agreement shall be construed in accordance with the substantive laws of the state in which Agency’s place of business is located, without regard to that state’s conflict of laws rules.
ACCEPTED & AGREED:
Signature:
Address:
Date:
Social Security______
ACCEPTED & AGREED:
Signature:
Address:
Date:
Social Security______
Exhibit A
Talent Representations and Warranties.
Talent represents and warrants that:
(a)Talent’s statements will reflect Talent’s honest views and experience with Marketer’s products and services (Talent agrees, if necessary, to furnish appropriate testimonial affidavits);
(b)Talent will promptly notify Agency if Talent’s opinion of Marketer’s products or services changes from that which Talent has expressed to Agency or Marketer to date;
(c)Talent’s statements about Marketer’s products or services shall be accurate;
(d)Talent agree that Talent will render Talent’s services in a competent manner to the best of Talent’s ability, and that all of Talent’s services will be subject to Agency’s reasonable approval, direction and control at all times, and Talent will comply with whatever scripts and reasonable instructions, suggestions and recommendations Agency may give Talent in connection with the rendition of such services;
(e)If Talent is asked to speak in an situation (including though live appearances or through any media) in which it is not obvious that the Talent is acting on behalf of Marketer, Talent will follow the training provided by Agency or Marketer and, when speaking about or referring to the Marketer’s products or services, directly or indirectly, disclose Talent’s relationship with Marketer; and
(f)Talent will comply with all applicable laws, regulations, orders and ordinances in rendering the services provided for herein.