Marketing Agreement Sample With Recitals

State:
Multi-State
Control #:
US-EG-9089
Format:
Word; 
Rich Text
Instant download

Description

The Marketing Agreement sample with recitals outlines the relationship between eNews.com, Inc. and FreeShop.com, Inc., where eNews serves as the exclusive multi-publisher magazine provider for FreeShop's offerings. Key features include the responsibilities of FreeShop to create and operate a dedicated magazine store on its site, manage promotional efforts, and coordinate with eNews on presentation materials for the magazines. Procedures for order processing and customer service are also detailed, including handling cancellations and establishing a 'Bill-Me' program for trial subscriptions. The agreement further specifies commission payments for leads generated, which are dependent on cancellation rates. Termination conditions, indemnification clauses, and confidentiality commitments ensure protection for both parties. This form is particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants in structuring marketing collaborations and ensuring compliance with contractual obligations. It serves as a useful template for negotiating terms while protecting intellectual property and managing liability effectively.
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FAQ

The purpose of the recital is to explain to the reader the background to the transaction. If necessary, the recital also sets out certain facts that may influence the way in which a court might interpret provisions of the contract.

Contract recitals precede the main text of a contract and are referred to as the "whereas" clauses....Creating a Recital ClauseDo not use slang or loose language to describe a subject as this may cause confusion.Do not fill recitals with non-key definitions or point to multiple references following every defined term.More items...

In law, a recital (from Latin: recitare, "to read out") consists of an account or repetition of the details of some act, proceeding or fact. Particularly, in law, that part of a legal documentsuch as a lease, which contains a statement of certain factscontains the purpose for which the deed is made.

Recitals are not part of the operative provisions of an agreement and are not necessary to give it legal effect. Traditionally, the function of a recital is to state facts and circumstances relevant to the making of the document or to explain or give context to its contents.

Most contracts contain, underneath the title and parties' block but before the body text of the agreement, a group of paragraphs known also as the 'preamble', 'recitals' or 'whereas' clauses. Preamble title. The preamble is usually given the heading Recitals, Whereas or Background, probably written in all-caps or bold.

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Marketing Agreement Sample With Recitals