What is an Endorsement Agreement?
An Endorsement Agreement is a contract that lets a company use someone's name, likeness, and reputation to promote a service or product. Typically the endorser is well known (or at least well known within a given field). In exchange for the personal recommendation of the company's product, the personal endorser gets a fee. This Celebrity Endorsement Agreement clearly defines the terms of the endorsement, including how the endorser will use or advertise the endorsed product or service. Other obligations may include wearing certain clothes, attending press releases, marketing events, and appearing in advertisements. The Endorsement Agreement also outlines the warranties, or guarantees, of both the company and the endorser related to the product endorsement.
When to use an Endorsement Agreement:
- An Endorsement Agreement enables a company to make use of an individual's name, likeness, and reputation for the promotion of a company's service or product.
This Endorsement Agreement ("Agreement") is made effective as of , by and between of , , , and of , , .
|WHEREAS, is a duly organized, validly existing, and in good standing under the laws of the State of . The has its principal office and place of business at , , .
|WHEREAS, , , , , is a well known whose endorsement and services have commercial value to .
|WHEREAS, is desirous to obtain the right to use the name, likeness, and endorsement of the in connection with the advertisement and promotion of the product of the , namely .
|NOW THEEFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the and the agree as follows:
APPOINTMENT. would like 's assistance in offering/selling 's products. hereby appoints as its representative on a non-exclusive, non-employee basis to endorse the Services to Target Audience.
TERM. This Agreement
SERVICES. In connection with the appointment, agrees to do the following:
. That the hereby authorizes and grants to the the right, license and interest to use the Endorsement in respect of the marketing, promotion, advertising and sale of the product;
. That the and the hereby agrees that should the be involved in any sponsored photography sessions or television commercials, the shall wear any items of clothing or accessories that the deems appropriate for the marketing, promotion, advertising and sale of the Product.
CONFIDENTIALITY. Each party agrees that it will not disclose to any third party or use any Confidential Information disclosed to it by the other party except as expressly permitted in this Agreement; and that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other party in its possession or control, which will in no event be less than the measures it uses to maintain the confidentiality of its own information of similar importance.
COMPENSATION. In exchange for 's performance of its responsibilities, agrees to pay
INDEMNITY. will release, defend, hold harmless, and indemnify against all claims, losses, liabilities, judgment, and settlements arising from or relating to the endorsement of the Services, the Services, or this Agreement. will promptly reimburse for all reasonable expenses and costs incurred in defending against any such claims, demands, causes of action, or liability, including, but not limited to, attorneys' fees. will have the right to select counsel to defend against any and all such claims, demands, or causes of action, subject only to ' reasonable right of approval of any counsel before will incur any liability to indemnify and reimburse for fees payable to such counsel. This indemnification will survive termination of this Agreement.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Agreement:
|The failure to make a required payment when due.
|The insolvency or bankruptcy of either party.
|The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
|The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of .
NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
SIGNATORIES. This Agreement shall be signed on behalf of by and on behalf of by and effective as of the date first above written.
IN WITNESS WHEREOF the parties have executed this Agreement as of the date shown above.