This Marketing Agreement (hereinafter referred to as the “Agreement”) by and between Campaign Owner (hereinafter referred to as the “Client”) and ForNeedy Sdn Bhd (hereinafter referred to as the “Marketer”).
Hereby, the Marketer agrees to provide the services applies by the Client.
PAYMENT AND FEES
The Parties agree that the total cost of the Services will be paid at the signing of this Agreement.
The Parties agree that the Marketer will provide an invoice to the Client upon signing the agreement.
The Marketer agrees to obtain consent from the Client prior to making the purchase if an expense is exceeding the initial budget.
The Parties agree that the Marketer will not cover any loss upon the failure.
The Parties agree that the means of payment will be via ForNeedy official bank account or any other account with the consent or ForNeedy Sdn Bhd.
This Agreement shall be effective on the date of signing this Agreement (hereinafter referred to as the “Effective Date”).
This Agreement may be terminated if the following occurs:
This Agreement will be terminated immediately if one of the Parties breaches this Agreement. More specifically, It will also be terminated if one of the Parties breaches a condition set forth in this Agreement without amending it within a period of 1 week.
This Agreement can be terminated at any given time by providing a written notice to the other party 3 days prior to terminating the Agreement.
This Agreement will automatically be terminated when both Parties complete their obligations.
All terms and conditions of this Agreement (and any confidential information provided by the Client to the Marketer or vice versa) during the term of the Agreement must be kept confidential, unless the disclosure is required pursuant to process of law.
Disclosing or using this information for any purpose beyond the scope of this Agreement (or beyond the exceptions set forth above) is expressly forbidden without the prior consent of the Parties.
The Parties’ obligation to maintain confidentiality will survive termination of this Agreement and remain in effect indefinitely.
RELATIONSHIP BETWEEN PARTIES
Hereby, the Parties agree that the Marketer in this Agreement is an independent contractor, as he/she provides the services hereunder and acts as an independent contractor.
The Marketer shall not be considered an employee under any circumstances.
This Agreement does not create any other partnership between the Parties.
This Agreement is an Agreement that is not based on exclusivity. Hence, the Parties are entitled to enter into other Agreements with other parties.
The Parties agree that all products created by the Marketer will remain the exclusive property of the Client, as long as it is relevant to the performance of the Services set forth in this Agreement.
The Marketer agrees that any intellectual property provided to him/her by the Client will remain the sole property of the Client, including (but not limited to) copyrights, patents, trade secret rights, and other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, works of authorship, Confidential Information, or trade secrets.
The Marketer will refrain from using such intellectual property upon the termination of this Agreement.
LIMITATION OF LIABILITY
Under no circumstances will either party be liable for any indirect, special, consequential, or punitive damages (including lost profits) arising out of or relating to this Agreement or the transactions it contemplates (including breach of contract, tort, negligence, or other form of action)—if said damage is the direct result of one of the party’s negligence or breach.
The Parties agree that any amendments made to this Agreement must be made in writing and signed by both Parties to this Agreement.
As such, any amendments made by the Parties will be applied to this Agreement.
The Parties hereby agree not to assign any of the responsibilities in this Agreement to a third party unless consented by both Parties in writing.
This Agreement contains the entire agreement and understanding among the Parties hereto, with respect to the subject matter hereof. It supersedes all prior agreements, understandings, inducements, and conditions (express, implied, oral, written, or of any nature whatsoever with respect to the subject matter hereof). The express terms hereof control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms hereof.