COLLABORATION AGREEMENT
This
Collaboration Agreement ("Agreement") is made and executed at [City]
on this [Date], and shall be effective from [Effective Date] (the
"Effective Date"), by and between:
1. [Company Name], a company incorporated under the
provisions of the Companies Act, 1956, bearing CIN No.: [CIN Number], having
its registered office at [Address] (hereinafter referred to as the
"Company," which expression shall, unless repugnant to the context or
meaning thereof, be deemed to include its successors, affiliates, group
companies, and assigns), of the First Part;
and
2. [Influencer/Collaborator Name], an adult Indian citizen, residing
at [Address], having PAN No. [PAN Number]/Aadhar Card No. [Aadhar Number]
(hereinafter referred to as the "Collaborator," which expression
shall, unless repugnant to the context or meaning thereof, be deemed to include
his/her successors, legal heirs, executors, administrators, and permitted
assigns), of the Second Part.
The Company and the Collaborator are hereinafter referred to
individually as a "Party" and collectively as the
"Parties," as the context may require.
WHEREAS:
NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE
PARTIES AS FOLLOWS:
1. Engagement and Scope of Services
1.1
Services: The Collaborator agrees to provide promotional services
("Services") for the Collection for the Term. These include:
1.2
Content Creation:
1.3
Company Participation: The Company will provide necessary resources such
as high-quality images, videos, and other content for the Collaborator's posts
and may engage in cross-promotion by sharing Collaborator’s posts on its platforms.
1.4
Performance Metrics: The Collaborator will provide detailed metrics,
including engagement and impressions, within ____days after each post.
1.5
Approval Process: All promotional content must be submitted to the
Company for approval at least _____days prior to posting, and the Company may
request edits to ensure brand consistency.
1.6
Event Attendance: The Collaborator shall attend any promotional events
hosted by the Company during the Term, if required.
1.7
Exclusivity: The Collaborator agrees not to promote other brands during
the Term without the Company's written consent.
1.8
Creative Rights: All creative and promotional rights related to the
Collection vest solely with the Company, both during and after the Term.
1.9
Time Commitment: Time is of the essence, and the Collaborator must
adhere to all timelines provided by the Company.
1.10
Travel Arrangements: If travel is required, the Company will cover
transportation and accommodation as per its policies.
2. Compensation and Payment Terms
2.1
Fee: The Company agrees to pay the Collaborator a total fee of [Amount
in Words and Figures], inclusive of any applicable taxes. Payment will be made
according to the following schedule:
2.2
Additional Compensation: The Collaborator will receive one ____ from the
Collection for promotional purposes. This ____ must not be sold or transferred
and may need to be returned upon the Company’s request.
2.3
GST and Tax Responsibilities: The Collaborator is responsible for
submitting a valid GST invoice, and all tax liabilities remain with the
Collaborator. The Company will not be held accountable for delays in tax
payments or filings.
3. Confidentiality
3.1
Both Parties agree to maintain the confidentiality of all proprietary and
confidential information shared during the collaboration. Confidentiality
obligations will survive the termination of this Agreement.
4. Indemnification
4.1
The Collaborator agrees to indemnify and hold the Company harmless against any
claims, damages, or liabilities arising from:
5. Termination
5.1
This Agreement may be terminated by either Party with [X] days' written notice
in case of a breach, provided the breach is not cured within [X] days of
receiving notice.
5.2
The Company reserves the right to terminate the Agreement for reasons including
non-compliance with legal standards or engagement in criminal activity by the
Collaborator.
5.3
Effects of Termination: Upon termination, the Company retains all
promotional rights related to the Collection, and the Collaborator must return
any materials provided by the Company.
6. Governing Law and Jurisdiction
6.1
This Agreement will be governed by the laws of India.
6.2
Any disputes arising out of this Agreement shall be subject to the exclusive
jurisdiction of the courts of New Delhi.
7. Miscellaneous
7.1
Entire Agreement: This Agreement constitutes the entire understanding
between the Parties.
7.2
Modifications: Any amendments must be made in writing and signed by both
Parties.
7.3
License to Use Likeness: The Collaborator grants the Company a
non-exclusive, royalty-free, worldwide license to use his/her name, image, and
likeness in promotional activities related to the Collection.
7.4
Assignment of Rights: All promotional works created by the Collaborator
will be deemed “Work-for-Hire,” and the Company will hold all intellectual
property rights for perpetuity.
7.5
Waiver of Moral Rights: The Collaborator waives any moral rights related
to the promotional services provided under this Agreement.
7.6 Notices: All notices and
communications between the Parties shall be made in writing and sent to the
registered email addresses of the respective Parties.
7.7
Force Majeure: Neither Party shall be liable for any failure or delay in
performance due to a Force Majeure event. If such an event continues for over ___
days, the Company may terminate the Agreement.
IN
WITNESS WHEREOF, the Parties have executed this Collaboration Agreement as of
the date first above written.
FOR AND ON BEHALF OF
[Company Name]
By: ________________________
Name: [Name]
Title: [Title]
FOR AND ON BEHALF OF
[Collaborator Name]
By: ________________________
Name: [Name]
