BRAND AMBASSADOR AGREEMENT
This Brand Ambassador Agreement ("Agreement") made and executed on ________ ("Effective Date"),
BY AND BETWEEN
________ (Company), with its principal office located at the following address: ________, ________, Andaman and Nicobar Islands - ________ (which expression shall unless it be repugnant to the context or meaning, therefore, be deemed to include their successors in business, assigns, executors, and administrators) hereinafter referred to as ("Organization"/"Brand")
AND
________, Govt. ID: ________, Correspondence Address: ________, ________, Andaman and Nicobar Islands - ________ (which expression shall unless it be repugnant to the context or meaning, therefore, be deemed to include his/ her assigns, heirs, or executors) hereinafter referred to as ("Ambassador")
WHEREAS
A. The Organization is engaged in the business of:
________
B. The Organization intends to promote its Products with the following brand name: ________ ("Brand"), using the services of the Ambassador.
C. The Ambassador is a Social Media Influencer, and the details of followers on various social media platforms are as follows:
________
D. The Ambassador agrees to serve as a trusted representative of the Organization and to promote its Products in a way that helps to build awareness, engagement, and loyalty among customers and other stakeholders.
E. The Service will start on ________ ("Commencement Date").
1. AMBASSADOR DUTIES, AND RESPONSIBILITIES
1.1. During the term, the Ambassador shall serve as the brand's advisor, spokesperson, celebrity endorser, and brand ambassador to provide the services customarily ("Service"):
________
1.2. The Ambassador would be promoting the following specific Products of the Organization:
________
1.3. Ambassador is subject to entrepreneurial risk and responsible for losses that may be incurred as an Ambassador.
1.4. Ambassador has no authority to act on behalf of the Organization.
1.5. Ambassador shall not abuse the goodwill of their association with the Organization to further promote other business interests without the prior consent of the Organization.
1.6. Ambassador shall not make disparaging remarks about other products, services, brand ambassadors or companies.
1.7. Ambassador shall not, either orally or in writing, disclose to the public, issue any press, make any other public statement, or otherwise communicate to the media, concerning the existence of this Agreement or subject matter thereof, without the prior written approval of the Organization.
1.8. The Ambassador shall have the following general responsibilities:
1.8.1. Must have a deep understanding of the brand, its Products, values, target audience, and overall message.
1.8.2. Representing the brand in a positive and professional manner.
1.8.3. Promote the Organization's Products to their audience.
1.8.4. Market, promote, and publicize the brand as a spokesperson for the brand.
1.8.5. Working closely with sales and marketing staff to conceptualize marketing campaigns and strategies.
1.8.6. Building relationships with customers, influencers, or other stakeholders in the Organization's community. This involves responding to inquiries or comments, engaging in social media conversations, or participating in online forums.
1.8.7. Post and share an announcement on association with the Brand on the social media handles of the Ambassador.
1.8.8. Creating content that promotes the brand and its Products.
1.8.9. The Ambassador shall create and post the following Content for the Organization:
________ ("Content")
1.8.10. The Content shall be posted on the following platforms:
________
1.8.11. The Content shall be created and posted in the following frequency: Daily.
1.8.12. The Ambassador shall get the content pre-approved by the Organization before posting such Content on any platform.
1.8.13. Attend events, such as product launches or trade shows, on behalf of the brand.
1.8.14. Brainstorming ideas and participating in training and workshops.
1.8.15. The methods or strategies shall be subject to this Agreement, and/or any communications from the organization from time to time.
1.8.16. Understand the overall concept of the Organization and provide ideas to grow and improve the business.
1.8.17. Adhere to the policies governing the observation of confidentiality and handling of confidential information.
1.8.18. The Ambassador shall liaise with the followinng person: ________ ("Supervisor") about their patterns of work and schedule. The Ambassador must work with their Supervisor to accommodate themselves for meetings or briefings as required by their role.
2. REPORTS
2.1. The Ambassador has to submit a periodic report about the status of the work to the Organization at the following intervals: Daily.
2.2. The Ambassador shall submit the periodic report in the following manner: ________. The report must be submitted in the format attached as Annexure - A to this Agreement.
3. 8552885585255555 82 585 882885585588
________. 552 852528252822 85588 82 52822288882 225 252 228828822:
________. 252885822 8522252 828855822 25582822, 588288 22 85525 528255828, 525 5888825282 8825 8222222 85252822.
________. 8825582 8222528852822 252 252282528228, 2585288228, 525 22588.
________. 2528852 5585282 222882 22 282228 525 8222222 528585222228.
________. 552 85525 88 52822288882 225 2522282822 252 5225252822 22 8285885525 828855822 2228225822 228822 8228258528228 525 5282225822 22 522 22252882 22258582 82 5 282282 525 252228882258 252225.
________. 888822822 525 85225888822 252 8222822822 22 25828, 525 5282228888882828 2552 552 8228882222 8825 252 8285885525'8 5282228888882828.
4. RESOURCES AND FACILITIES
4.1. Provide the Ambassador with adequate resources to complete the tasks assigned.
4.2. The Ambassador will be provided with the following equipment during the term of this Agreement:
________
4.3. The devices and resources provided by Organization will be maintained and repaired by the Organization. If there is any damage caused to such equipment due to the fault of the Ambassador, the Ambassador shall be liable to repair or replace such devices and resources.
4.4. Devices and resources supplied by the Organization are to be used for business purposes only. The Ambassador must sign an inventory of all Organization property received. Upon termination of Service, all Organization property will be returned to the Organization, unless agreed otherwise in writing.
4.5. The Ambassador understands that all devices and resources provided by the Organization shall remain the property of the Organization at all times. The Ambassador shall protect Organization devices and resources from theft or damage and shall report theft or damage to his or her ________ immediately.
5. LOCATION
The Ambassador may work from such location as the Ambassador chooses, although the Organization may direct the Ambassador to work from specific locations from time to time. Ambassador hereby agrees to travel to such parts of India and the world as necessary to discharge the Ambassador's duties as the Organization may direct or authorize.
6. REMUNERATION
6.1. The remuneration for the aforementioned Services to be paid by the Organization to the Ambassador shall be as follows:
6.2. The Ambassador will be paid a lump sum amount for the completion of the Service as envisaged under this Agreement. The total remuneration to be paid by the Organization to the Ambassador shall be Rs ________ (________).
6.3. The lump-sum payment shall be paid in the following manner:
________
6.4. The payment shall be made in the following manner: Internet Banking. The bank account details are as follows:
________
6.5. The Ambassador may be eligible for an additional performance-linked bonus as communicated from time to time by the Organization in writing.
7. EXPENSES
The Ambassador shall assume responsibility and pay for all reasonable expenses necessary to do duties under this Agreement. If the Organization agrees to pay for any expenses, such expenses shall first be approved by the Organization or such authorized person of the Organization in writing.
8. TERMS AND TERMINATION
8.1. The Service will start on ________ ("Commencement Date") and will continue till ________.
8.2. Suppose the Ambassador materially defaults in the performance of any of its duties and obligations hereunder, and such default cannot be substantially cured within ________ (________) business days or such breach by its nature is incapable of being cured in such a period. In that case, the Organization may, upon written notice to the Ambassador, terminate this Agreement.
8.3. Either party may terminate this Agreement for cause by providing the other party written notice if the other party: (i) is in material breach of this Agreement and has failed to cure such breach within 7 (seven) business days after its receipt of written notice of such breach provided by the non-breaching party; (ii) engages in any unlawful business practice related to that party's performance under the Agreement; (iii) files a petition for bankruptcy, becomes insolvent, acknowledges its insolvency in any manner, or appoints creditors, receivers or trustees. The parties shall be given notice of 15 (fifteen) business days prior to the termination.
8.4. In the event of termination, the Ambassador shall immediately stop work on the assigned tasks and agree to protect any property of the Organization including Intellectual Properties, which is in possession of the Ambassador. The Ambassador shall return all documentation, equipment or other materials provided by the Organization during the term of this Agreement, within a reasonable period and location as specified by the Organization.
8.5. Both parties agree that, once the aforementioned duration of this Agreement is over, the Agreement can be extended to such a period as mutually agreed in writing.
9. NOTICES
All communications regarding this Agreement shall be sent to the address mentioned at the beginning of this Agreement or the email provided hereunder.
Organization Email: ________
Ambassador Email: ________
10. LIMITATION OF LIABILITY
Neither party shall be liable to the other for any special, indirect, incidental, punitive, or consequential damages arising from or related to this Agreement, including bodily injury, death, loss of revenue, or profits or other benefits, and claims by any third party, even if the parties have been advised of the possibility of such damages. The foregoing limitation applies to all causes of action in the aggregate, including without limitation to breach of contract, breach of warranty, negligence, strict liability, and other torts.
11. CONFIDENTIALITY
The Ambassador will have access to confidential information related to the Organization's marketing strategies, promotional plans, and other proprietary information. By accepting this Agreement, the Ambassador agree to keep all such information strictly confidential and not to disclose it to any third party without the prior written consent of the organization. This obligation of confidentiality shall remain in effect during the tenure of the Ambassador and for the following period thereafter: ________. Additionally, the Ambassador agrees not to use any confidential information for personal gain or to the detriment of the Organization. In the event of a breach of this clause, the organization reserves the right to terminate this Agreement and seek any other legal remedies available.
12. BRAND NAME
12.1. The Ambassador should adhere to the Organization's brand guidelines, which may include guidelines on how the brand name can be used, what colours and fonts to use, and other branding information.
12.2. The Ambassador should use appropriate hashtags when using the brand name on social media platforms. These hashtags should be agreed upon by the Organization and the Ambassador.
12.3. The Ambassador should avoid using the brand name in a way that could cause confusion or imply an endorsement by the Organization that does not exist.
13. PUBLICITY AND OTHER RIGHTS
Ambassador grants the Organization with exclusive rights, licenses, and authority during the term of this Agreement to use and display the Ambassador's name (including a nickname and stage name), image, voice, signature, face, photographs, other likenesses, biography ("Publicity Rights"), in publications and channels and means of distributions as the Organization may determine at any time.
14. INTELLECTUAL PROPERTY
The Ambassador may be creating, developing, or sharing content, ideas, graphics, designs, and other forms of intellectual property while promoting the Organization's brand and products. By accepting this Agreement, the Ambassador agree to assign all rights, titles, and interest in any such intellectual property to the Organization. The Organization shall have the exclusive right to use, reproduce, distribute, and create derivative works of any such intellectual property for any purpose, and the Ambassador shall not retain any rights or interest in the same. The Ambassador further agrees that the Ambassador will not use any confidential information or any other intellectual property belonging to the Organization for personal gain or to the detriment of the organization. Additionally, the Organization is allowed to use the name, testimonials, photos, or videos of the Ambassador for promotional purposes. In case of any breach of this clause, the Organization reserves the right to terminate this Agreement and seek any other legal remedies available.
15. REPRESENTATION AND WARRANTY
15.1. Both Parties represent that they are fully authorized to enter into this Agreement.
15.2. The performance and obligations of either Party will not violate or infringe upon the rights of any third party.
15.3. The Ambassador represents that he/she is duly authorized to work as an Ambassador.
16. EXCLUSIVITY
During the course of this Agreement, the Ambassador shall not undertake to represent any other company/organization of similar nature without prior written consent from the Organization.
17. INDEMNITY
The Parties each agree to indemnify and hold harmless the other Party against any claims, losses, damages, liabilities, penalties, expenses, and costs of any kind or amount which result from the negligence or breach of this Agreement by the indemnifying party.
18. DISPUTE RESOLUTION
18.1. Both parties do hereby agree that any dispute arising out of or in relation to this Agreement shall be settled in accordance with the provisions of the Andaman and Nicobar Islands and/or any statutory modification or re-enactment thereof for the time being in force. The parties shall mutually appoint the single Arbitrator. Each party shall pay their own costs and remunerations of the arbitration and the cost of the arbitrator shall be borne equally. The seat or place of the arbitration shall be as follows: Andaman and Nicobar Islands.
18.2.The Agreement shall be governed in accordance with the laws of India and the courts of Andaman and Nicobar Islands will have the exclusive jurisdiction.
19. SEVERABILITY
If any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of this Agreement. The remaining Agreement shall continue in full force as valid and enforceable.
20. MISCELLANEOUS
20.1. No collective Agreements (otherwise applicable to workmen under the Industrial Disputes Act, 1947) apply to this Agreement.
20.2. This contract sets out the entire Agreement and understanding between the Parties in connection with the Service and supersedes any previous contract or Agreement between the Ambassador and the Organization.
20.3. The Organization may hold and process, whether electronically or manually, the data it collects in relation to the Ambassador in the course of the Service for the purposes of the Organization's management and administration of its business and of other Ambassadors and for compliance with applicable procedures, laws and regulations and Ambassador hereby consent for the same. The Organization or its agents may transfer, store, and process such data whether in India or any other place for the above purposes.
20.4. If at any time any term or provision in this contract shall be held to be illegal, invalid or unenforceable, in whole or in part, under any rule of law or enactment, such term or provision or part shall to that extent be deemed not to form part of this contract, but the enforceability of the remainder of this contract shall not be affected.
20.5. The Ambassador agrees, recognizes, and acknowledges that:
20.5.1. he/she has been provided with a copy of this Agreement for review prior to signing it, that he/she has reviewed it and that he/she understands the terms, purposes and effects of this Agreement, and that he/she has signed the same only after having had the opportunity to seek clarifications; that he/she has been given a signed copy of this Agreement for his/her own records; he/she has not been subjected to duress or undue influence of any kind to execute this Agreement and this Agreement will not impose an undue hardship upon him/her. He/she has executed this Agreement of his/her own free will and without relying upon any statements made by the Organization or any of its representatives, agents, or Ambassadors. This Agreement is in all respects reasonable and necessary to protect the legitimate business interests of the Organization;
20.5.2. if he/she violates any of the terms of this Agreement, the Organization will suffer irreparable injury and damages the amount of which cannot be adequately measured in monetary terms and an adequate remedy at law will not exist;
20.5.3. In view of the above, the Organization shall be entitled to injunctive relief, in addition to any other remedy available to law or in equity, in the event he/she violates any of the terms or conditions of this Agreement.
21. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on ________
________ (Company)
Name of authorized representative:
Designation: ________
Date: _____________________________
__________________________________
Signature
________ (Ambassador)
Date:______________________________
__________________________________
Signature
WITNESS-1
Name: _____________________________
Address: ___________________________
___________________________________
___________________________________
Signature
WITNESS-2
Name: _____________________________
Address: ___________________________
___________________________________
___________________________________
Signature
ANNEXURE - A
(Periodic Report Format)
BRAND AMBASSADOR AGREEMENT
This Brand Ambassador Agreement ("Agreement") made and executed on ________ ("Effective Date"),
BY AND BETWEEN
________ (Company), with its principal office located at the following address: ________, ________, Andaman and Nicobar Islands - ________ (which expression shall unless it be repugnant to the context or meaning, therefore, be deemed to include their successors in business, assigns, executors, and administrators) hereinafter referred to as ("Organization"/"Brand")
AND
________, Govt. ID: ________, Correspondence Address: ________, ________, Andaman and Nicobar Islands - ________ (which expression shall unless it be repugnant to the context or meaning, therefore, be deemed to include his/ her assigns, heirs, or executors) hereinafter referred to as ("Ambassador")
WHEREAS
A. The Organization is engaged in the business of:
________
B. The Organization intends to promote its Products with the following brand name: ________ ("Brand"), using the services of the Ambassador.
C. The Ambassador is a Social Media Influencer, and the details of followers on various social media platforms are as follows:
________
D. The Ambassador agrees to serve as a trusted representative of the Organization and to promote its Products in a way that helps to build awareness, engagement, and loyalty among customers and other stakeholders.
E. The Service will start on ________ ("Commencement Date").
1. AMBASSADOR DUTIES, AND RESPONSIBILITIES
1.1. During the term, the Ambassador shall serve as the brand's advisor, spokesperson, celebrity endorser, and brand ambassador to provide the services customarily ("Service"):
________
1.2. The Ambassador would be promoting the following specific Products of the Organization:
________
1.3. Ambassador is subject to entrepreneurial risk and responsible for losses that may be incurred as an Ambassador.
1.4. Ambassador has no authority to act on behalf of the Organization.
1.5. Ambassador shall not abuse the goodwill of their association with the Organization to further promote other business interests without the prior consent of the Organization.
1.6. Ambassador shall not make disparaging remarks about other products, services, brand ambassadors or companies.
1.7. Ambassador shall not, either orally or in writing, disclose to the public, issue any press, make any other public statement, or otherwise communicate to the media, concerning the existence of this Agreement or subject matter thereof, without the prior written approval of the Organization.
1.8. The Ambassador shall have the following general responsibilities:
1.8.1. Must have a deep understanding of the brand, its Products, values, target audience, and overall message.
1.8.2. Representing the brand in a positive and professional manner.
1.8.3. Promote the Organization's Products to their audience.
1.8.4. Market, promote, and publicize the brand as a spokesperson for the brand.
1.8.5. Working closely with sales and marketing staff to conceptualize marketing campaigns and strategies.
1.8.6. Building relationships with customers, influencers, or other stakeholders in the Organization's community. This involves responding to inquiries or comments, engaging in social media conversations, or participating in online forums.
1.8.7. Post and share an announcement on association with the Brand on the social media handles of the Ambassador.
1.8.8. Creating content that promotes the brand and its Products.
1.8.9. The Ambassador shall create and post the following Content for the Organization:
________ ("Content")
1.8.10. The Content shall be posted on the following platforms:
________
1.8.11. The Content shall be created and posted in the following frequency: Daily.
1.8.12. The Ambassador shall get the content pre-approved by the Organization before posting such Content on any platform.
1.8.13. Attend events, such as product launches or trade shows, on behalf of the brand.
1.8.14. Brainstorming ideas and participating in training and workshops.
1.8.15. The methods or strategies shall be subject to this Agreement, and/or any communications from the organization from time to time.
1.8.16. Understand the overall concept of the Organization and provide ideas to grow and improve the business.
1.8.17. Adhere to the policies governing the observation of confidentiality and handling of confidential information.
1.8.18. The Ambassador shall liaise with the followinng person: ________ ("Supervisor") about their patterns of work and schedule. The Ambassador must work with their Supervisor to accommodate themselves for meetings or briefings as required by their role.
2. REPORTS
2.1. The Ambassador has to submit a periodic report about the status of the work to the Organization at the following intervals: Daily.
2.2. The Ambassador shall submit the periodic report in the following manner: ________. The report must be submitted in the format attached as Annexure - A to this Agreement.
3. 8552885585255555 82 585 882885585588
________. 552 852528252822 85588 82 52822288882 225 252 228828822:
________. 252885822 8522252 828855822 25582822, 588288 22 85525 528255828, 525 5888825282 8825 8222222 85252822.
________. 8825582 8222528852822 252 252282528228, 2585288228, 525 22588.
________. 2528852 5585282 222882 22 282228 525 8222222 528585222228.
________. 552 85525 88 52822288882 225 2522282822 252 5225252822 22 8285885525 828855822 2228225822 228822 8228258528228 525 5282225822 22 522 22252882 22258582 82 5 282282 525 252228882258 252225.
________. 888822822 525 85225888822 252 8222822822 22 25828, 525 5282228888882828 2552 552 8228882222 8825 252 8285885525'8 5282228888882828.
4. RESOURCES AND FACILITIES
4.1. Provide the Ambassador with adequate resources to complete the tasks assigned.
4.2. The Ambassador will be provided with the following equipment during the term of this Agreement:
________
4.3. The devices and resources provided by Organization will be maintained and repaired by the Organization. If there is any damage caused to such equipment due to the fault of the Ambassador, the Ambassador shall be liable to repair or replace such devices and resources.
4.4. Devices and resources supplied by the Organization are to be used for business purposes only. The Ambassador must sign an inventory of all Organization property received. Upon termination of Service, all Organization property will be returned to the Organization, unless agreed otherwise in writing.
4.5. The Ambassador understands that all devices and resources provided by the Organization shall remain the property of the Organization at all times. The Ambassador shall protect Organization devices and resources from theft or damage and shall report theft or damage to his or her ________ immediately.
5. LOCATION
The Ambassador may work from such location as the Ambassador chooses, although the Organization may direct the Ambassador to work from specific locations from time to time. Ambassador hereby agrees to travel to such parts of India and the world as necessary to discharge the Ambassador's duties as the Organization may direct or authorize.
6. REMUNERATION
6.1. The remuneration for the aforementioned Services to be paid by the Organization to the Ambassador shall be as follows:
6.2. The Ambassador will be paid a lump sum amount for the completion of the Service as envisaged under this Agreement. The total remuneration to be paid by the Organization to the Ambassador shall be Rs ________ (________).
6.3. The lump-sum payment shall be paid in the following manner:
________
6.4. The payment shall be made in the following manner: Internet Banking. The bank account details are as follows:
________
6.5. The Ambassador may be eligible for an additional performance-linked bonus as communicated from time to time by the Organization in writing.
7. EXPENSES
The Ambassador shall assume responsibility and pay for all reasonable expenses necessary to do duties under this Agreement. If the Organization agrees to pay for any expenses, such expenses shall first be approved by the Organization or such authorized person of the Organization in writing.
8. TERMS AND TERMINATION
8.1. The Service will start on ________ ("Commencement Date") and will continue till ________.
8.2. Suppose the Ambassador materially defaults in the performance of any of its duties and obligations hereunder, and such default cannot be substantially cured within ________ (________) business days or such breach by its nature is incapable of being cured in such a period. In that case, the Organization may, upon written notice to the Ambassador, terminate this Agreement.
8.3. Either party may terminate this Agreement for cause by providing the other party written notice if the other party: (i) is in material breach of this Agreement and has failed to cure such breach within 7 (seven) business days after its receipt of written notice of such breach provided by the non-breaching party; (ii) engages in any unlawful business practice related to that party's performance under the Agreement; (iii) files a petition for bankruptcy, becomes insolvent, acknowledges its insolvency in any manner, or appoints creditors, receivers or trustees. The parties shall be given notice of 15 (fifteen) business days prior to the termination.
8.4. In the event of termination, the Ambassador shall immediately stop work on the assigned tasks and agree to protect any property of the Organization including Intellectual Properties, which is in possession of the Ambassador. The Ambassador shall return all documentation, equipment or other materials provided by the Organization during the term of this Agreement, within a reasonable period and location as specified by the Organization.
8.5. Both parties agree that, once the aforementioned duration of this Agreement is over, the Agreement can be extended to such a period as mutually agreed in writing.
9. NOTICES
All communications regarding this Agreement shall be sent to the address mentioned at the beginning of this Agreement or the email provided hereunder.
Organization Email: ________
Ambassador Email: ________
10. LIMITATION OF LIABILITY
Neither party shall be liable to the other for any special, indirect, incidental, punitive, or consequential damages arising from or related to this Agreement, including bodily injury, death, loss of revenue, or profits or other benefits, and claims by any third party, even if the parties have been advised of the possibility of such damages. The foregoing limitation applies to all causes of action in the aggregate, including without limitation to breach of contract, breach of warranty, negligence, strict liability, and other torts.
11. CONFIDENTIALITY
The Ambassador will have access to confidential information related to the Organization's marketing strategies, promotional plans, and other proprietary information. By accepting this Agreement, the Ambassador agree to keep all such information strictly confidential and not to disclose it to any third party without the prior written consent of the organization. This obligation of confidentiality shall remain in effect during the tenure of the Ambassador and for the following period thereafter: ________. Additionally, the Ambassador agrees not to use any confidential information for personal gain or to the detriment of the Organization. In the event of a breach of this clause, the organization reserves the right to terminate this Agreement and seek any other legal remedies available.
12. BRAND NAME
12.1. The Ambassador should adhere to the Organization's brand guidelines, which may include guidelines on how the brand name can be used, what colours and fonts to use, and other branding information.
12.2. The Ambassador should use appropriate hashtags when using the brand name on social media platforms. These hashtags should be agreed upon by the Organization and the Ambassador.
12.3. The Ambassador should avoid using the brand name in a way that could cause confusion or imply an endorsement by the Organization that does not exist.
13. PUBLICITY AND OTHER RIGHTS
Ambassador grants the Organization with exclusive rights, licenses, and authority during the term of this Agreement to use and display the Ambassador's name (including a nickname and stage name), image, voice, signature, face, photographs, other likenesses, biography ("Publicity Rights"), in publications and channels and means of distributions as the Organization may determine at any time.
14. INTELLECTUAL PROPERTY
The Ambassador may be creating, developing, or sharing content, ideas, graphics, designs, and other forms of intellectual property while promoting the Organization's brand and products. By accepting this Agreement, the Ambassador agree to assign all rights, titles, and interest in any such intellectual property to the Organization. The Organization shall have the exclusive right to use, reproduce, distribute, and create derivative works of any such intellectual property for any purpose, and the Ambassador shall not retain any rights or interest in the same. The Ambassador further agrees that the Ambassador will not use any confidential information or any other intellectual property belonging to the Organization for personal gain or to the detriment of the organization. Additionally, the Organization is allowed to use the name, testimonials, photos, or videos of the Ambassador for promotional purposes. In case of any breach of this clause, the Organization reserves the right to terminate this Agreement and seek any other legal remedies available.
15. REPRESENTATION AND WARRANTY
15.1. Both Parties represent that they are fully authorized to enter into this Agreement.
15.2. The performance and obligations of either Party will not violate or infringe upon the rights of any third party.
15.3. The Ambassador represents that he/she is duly authorized to work as an Ambassador.
16. EXCLUSIVITY
During the course of this Agreement, the Ambassador shall not undertake to represent any other company/organization of similar nature without prior written consent from the Organization.
17. INDEMNITY
The Parties each agree to indemnify and hold harmless the other Party against any claims, losses, damages, liabilities, penalties, expenses, and costs of any kind or amount which result from the negligence or breach of this Agreement by the indemnifying party.
18. DISPUTE RESOLUTION
18.1. Both parties do hereby agree that any dispute arising out of or in relation to this Agreement shall be settled in accordance with the provisions of the Andaman and Nicobar Islands and/or any statutory modification or re-enactment thereof for the time being in force. The parties shall mutually appoint the single Arbitrator. Each party shall pay their own costs and remunerations of the arbitration and the cost of the arbitrator shall be borne equally. The seat or place of the arbitration shall be as follows: Andaman and Nicobar Islands.
18.2.The Agreement shall be governed in accordance with the laws of India and the courts of Andaman and Nicobar Islands will have the exclusive jurisdiction.
19. SEVERABILITY
If any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of this Agreement. The remaining Agreement shall continue in full force as valid and enforceable.
20. MISCELLANEOUS
20.1. No collective Agreements (otherwise applicable to workmen under the Industrial Disputes Act, 1947) apply to this Agreement.
20.2. This contract sets out the entire Agreement and understanding between the Parties in connection with the Service and supersedes any previous contract or Agreement between the Ambassador and the Organization.
20.3. The Organization may hold and process, whether electronically or manually, the data it collects in relation to the Ambassador in the course of the Service for the purposes of the Organization's management and administration of its business and of other Ambassadors and for compliance with applicable procedures, laws and regulations and Ambassador hereby consent for the same. The Organization or its agents may transfer, store, and process such data whether in India or any other place for the above purposes.
20.4. If at any time any term or provision in this contract shall be held to be illegal, invalid or unenforceable, in whole or in part, under any rule of law or enactment, such term or provision or part shall to that extent be deemed not to form part of this contract, but the enforceability of the remainder of this contract shall not be affected.
20.5. The Ambassador agrees, recognizes, and acknowledges that:
20.5.1. he/she has been provided with a copy of this Agreement for review prior to signing it, that he/she has reviewed it and that he/she understands the terms, purposes and effects of this Agreement, and that he/she has signed the same only after having had the opportunity to seek clarifications; that he/she has been given a signed copy of this Agreement for his/her own records; he/she has not been subjected to duress or undue influence of any kind to execute this Agreement and this Agreement will not impose an undue hardship upon him/her. He/she has executed this Agreement of his/her own free will and without relying upon any statements made by the Organization or any of its representatives, agents, or Ambassadors. This Agreement is in all respects reasonable and necessary to protect the legitimate business interests of the Organization;
20.5.2. if he/she violates any of the terms of this Agreement, the Organization will suffer irreparable injury and damages the amount of which cannot be adequately measured in monetary terms and an adequate remedy at law will not exist;
20.5.3. In view of the above, the Organization shall be entitled to injunctive relief, in addition to any other remedy available to law or in equity, in the event he/she violates any of the terms or conditions of this Agreement.
21. COUNTERPARTS
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on ________
________ (Company)
Name of authorized representative:
Designation: ________
Date: _____________________________
__________________________________
Signature
________ (Ambassador)
Date:______________________________
__________________________________
Signature
WITNESS-1
Name: _____________________________
Address: ___________________________
___________________________________
___________________________________
Signature
WITNESS-2
Name: _____________________________
Address: ___________________________
___________________________________
___________________________________
Signature
ANNEXURE - A
(Periodic Report Format)
Answer the question, then click on "Next".
The document is written according to your responses - clauses are added or removed, paragraphs are customised, words are changed, etc.
At the end, you will immediately receive the document in Word and PDF formats. You can then open the Word document to modify it and reuse it however you wish.
