ADVERTISING SERVICES AGREEMENT
THIS ADVERTISING SERVICES AGREEMENT (the "Agreement") is made by and between Postzy and the Client.
Postzy and the Client may hereinafter from time to time be referred to individually as a “Party” and collectively as the “Parties”)
WHEREAS, the Postzy is engaged in the business of operating, creating and providing internet advertising Services and specializes in planning the marketing strategy with respect to online advertising on the Internet via Facebook, Youtube, Google and alternative social medias; and
WHEREAS, the Client desires to hire Postzy for its advertising services.
Both Parties acknowledge that they have the legal capital to enter into this Agreement, based on the following clauses:
Postzy offers, creates and provides online advertising services for the Client and the Client agrees to hire Postzy as an advertising firm to creates and publish the advertising materials of the Client’s business on Postzy’s websites or other medias as well as agrees to pay the fees for advertising services in accordance with Postzy Business Policy.
2.1 Responsibilities to apply to all activities: The responsibilities in this Clause shall apply to all of Representative’s activities with respect to the advertising works on Postzy’s the websites or other medias.
2.2 Degree of care: Postzy shall represent the Client with the professional degree of care and use its best efforts to market and support the advertising activities of the Client
2.3 Expense: All expenses and cost incurred in connection with advertising activities shall be paid by the Client.
2.4 Business standards: As an advertising firm, Postzy shall conduct its business as to the advertising works to highest ethical and business standards.
3. PERIOD OF AGREEMENT
This Agreement will begin starting upon payment and confirmation from both parties and continue in full force and until all services fully rendered.
4. RELATIONSHIP OF PARTIES
This agreement does not create a joint venture, partnership, or principal-agent relationship between the parties, and nothing in this agreement may be used imply such a relationship. Neither party has the right, power, or authority to obligate or bind the other in any manner unless authorized in writing by the other party in a specific instance.
5. INTELLECTUAL PROPERTY
This agreement does not give the Client any ownership rights or interest in Postzy’s trade name, trademarks, copyrights, patents, trade secrets, know-how, proprietary data, confidential information, or other intellectual property. The Client agrees not to exploit Postzy’s aforementioned intellectual property in the private commercial purpose or any other purpose without the prior written consent of Postzy unless utilized in the promotion of the advertising Services hereunder.
Both parties agree that they shall keep confidential the provisions and subject matters of this Agreement and any negotiations relating to relationship between the Parties. Also, both parties shall not use the Confidential Information for any private purpose other than the performance or transaction of this agreement.
7. MODIFICATION AND AMENDMENT
Postzy reserves the right to modify or amend this Agreement in accordance with Postzy’s Business Policy and circumstances, without prior notice or consent of the client.
If one or more of the provisions in this Agreement are deemed void by law, then the remaining provisions will continue in full force and effect.
Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
10. DISPUTE RESOLUTION
If any dispute between the parties shall arise out of or in connection with this Agreement, the Parties shall use their best endeavours to resolve the dispute amicably. If such dispute remains unresolved for 15 day(s), the dispute in question shall be resolved by the court with the competent jurisdiction.
11. GOVERNING LAW
This Agreement will be governed by the Laws of the the State of California, U.S.A. without regard for conflicts of laws principles. The parties hereby expressly consent to the personal jurisdiction of the Courts of California for any lawsuit filed there against other party arising from or relating to this agreement.
All notices and demands of any kind which either Postzy or Clients may be required or desire to serve upon the terms of this Agreement shall be in writing and shall be served by e-mail and other electronic means.