PLEASE FILL OUT, SIGN AND SUBMIT AGREEMENT
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This Advertsing Agreement (“Agreement”) is made between PodBelly with a mailing address of 1626 19th Street, Suite B, City of Bakersfield, State of California, Country of United States (“Client”) and the Podcast Representative (“Representative”):
The Client and Representative shall be known collectively as the “Parties”.
The Advertiser is El Yucateco Hot Sauce. Representative agrees to perform the following services starting the first day of July 2020: One 30 second pre-roll commercial in each podcast episode totaling the amount of episodes listed in Section 2 of this agreement. The commercial must follow the guidelines provided by the Client and Advertiser.
Client will pay Representative in three (3) payments beginning thirty (30) days from the start of services to be performed and each 30 days thereafter. Each payment will equal the amount of completed podcast episodes multiplied by the Podcast Per Episode Payout rate below. The total of
3 payments will not exceed the amount of the Podcast Total Payout. Client will make payments to the Representative via PayPal.
Representative will be required to submit the Advertising Time Stamps Form for completed podcast episodes to receive payments from Client. Any delay in submitting the Advertising Time Stamps Form by the Representative will result in delayed payment until Client receives the completed form.
Client shall not: Withhold FICA (Social Security and Medicare taxes) from Representative's payments or make FICA payments on Representative's behalf; Make state or federal unemployment compensation contributions on Representative's behalf; or Withhold state or federal income tax from Representative's payments. Representative shall pay all taxes incurred while performing Services under this Agreement—including all applicable income taxes and, if Representative is not a corporation, self-employment (Social Security) taxes. Client will report payments made to the Representative during the calendar year to the Internal Revenue Service.
Representative shall indemnify and hold Client harmless from any loss or liability arising from performing Services under this Agreement.
This agreement will become effective on the Effective Date after being signed by both parties and will terminate on the earlier of: the date Representative completes the Services required by this Agreement or the Client or Representative terminates this Agreement in accordance with Section 6.
With reasonable cause, either Client or Representative may terminate this Agreement, effective immediately upon giving written notice. Reasonable cause includes: A material violation of this Agreement; Any act exposing the other party to liability to others for personal injury or property damage; or Either party terminating this Agreement at any time by giving 15 days' written notice to the other party of the intent to terminate.
If a dispute arises under this Agreement, any party may take the matter to California state court, jurisdiction of the county of Kern.
Representative acknowledges that it will be necessary for Client to disclose certain confidential and proprietary information to Representative in order for Representative to perform duties under this Agreement. Representative acknowledges that disclosure to a third party or misuse of this proprietary or confidential information would irreparably harm Client. Accordingly, Representative will not disclose or use, either during or after the term of this Agreement, any proprietary or confidential information of Client without Client's prior written permission except to the extent necessary to perform Services on Client's behalf. Confidential information includes all information listed under Section 2.
This Agreement does not create a partnership relationship. Representative does not have authority to enter into contracts on Client's behalf.
The Representative has read, understands, and agrees with the terms and conditions of this Agreement. The Parties hereto agree that the electronic signatures shall be as effective as if originals.
Upon submission the Parties will receive an electronic advertising agreement document in PDF format signed by the Client and the Representative.