1. Services & Deliverables
1.1 Services: Publisher agrees to provide advertising services ("Services") as outlined in the selected Ad Partnership Package (the "Package") which may include ad placements on the Publisher’s podcast, YouTube channel, and social media platforms.
1.2 Deliverables: Publisher will provide the respective deliverables to Advertiser.
The Deliverables shall be provided over a campaign period of 3 months (90 Days).
1.3 Promotion Period: The Advertiser’s content will be published and promoted as agreed in the Package. Specific dates and times decided by the Publisher.
2. Payment
2.1 Fees: Advertiser agrees to pay Publisher for the selected Package.
2.2 Payment Terms: Payment is due in full, upfront for each campaign.
3. Intellectual Property
3.1 License: Advertiser grants Publisher a non-exclusive, royalty-free license to use Advertiser’s trademarks, logos, and related media materials solely for the purpose of fulfilling the Services under this Agreement.
3.2 Ownership: All intellectual property rights in the creative materials provided by Advertiser remain with Advertiser. All materials created by Publisher for the Deliverables shall remain the property of Publisher until full payment is received, after which Advertiser may use them for promotional purposes as defined in this Agreement.
4. Limitation of Liability
4.1 No Liability: Publisher shall not be liable for any indirect, incidental, special, or consequential damages arising out of or relating to this Agreement, including loss of revenue or profits, even if advised of the possibility of such damages.
4.2 Maximum Liability: In any event, Publisher’s total liability to Advertiser for any claims arising under this Agreement shall not exceed the total amount paid by Advertiser to Publisher under this Agreement.
5. Indemnification
Advertiser agrees to indemnify, defend, and hold harmless Publisher, its affiliates, officers, agents, and employees from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: Advertiser’s breach of this Agreement; The use of Advertiser’s materials in accordance with this Agreement; Any claims related to the content provided by Advertiser.
6. Term and Termination
6.1 Term: This Agreement shall commence on the Payment Date and shall continue until completion of the Services, unless terminated earlier in accordance with this Agreement.
6.2 Termination: Either party may terminate this Agreement upon [e.g., 14] days’ written notice if the other party breaches any material term and fails to cure such breach within that period.
6.3 Effect of Termination: In the event of termination, Advertiser shall pay for all Services rendered up to the termination date. Publisher shall deliver any completed materials and any work in progress as mutually agreed.
7. Confidentiality
Both parties agree to keep confidential and not disclose any proprietary information or trade secrets received during the term of this Agreement, except as required by law.
8. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.
9. Entire Agreement
This Agreement, including any exhibits or attachments, constitutes the entire agreement between the parties and supersedes all prior or contemporaneous agreements, understandings, and communications, whether written or oral.
10. Amendments
Any amendments or modifications to this Agreement must be in writing and signed by both parties.
11. Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
12. Notices
All notices required or permitted under this Agreement shall be in writing.