Sponsorships Agreement by M Gaspary Featured Image

Sponsorship Agreement

This page was created on March 19, 2022. 

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About the Sponsorship Agreement

This Sponsorship Agreement [known hereafter as the “Agreement”] is executed on this [Agreement Date] between [Name of Sponsor, known hereafter as the “Sponsor”] and [Name of Subrecipient], known hereafter as the “Sponsee.” 

NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:

Sponsorship Agreement Terms & Conditions

Article 1 – Sponsorship

Within this Agreement, as defined below, the Sponsor agrees to provide certain of the Sponsor’s Goods (the “Sponsored Goods”) so that the Sponsee may display such Sponsored Goods through the following channels:

The Sponsor agrees to provide the Sponsored Goods at no cost. Only those services, products, or platforms that are considered relevant to my writing community will be approved. 

Article 2 – Term

The terms of this Agreement shall begin on the effective date and end on the following date (“Termination Date”). 

The Parties may terminate this Agreement before the Termination Date for any reason by giving thirty (30) working days’ notice in writing to the other Party. If the reason for termination is a material breach by either Party, no prior notice is needed and the Agreement may be terminated immediately. 

Article 3 – Exclusivity

For a period from the effective date of this Agreement, the Sponsee will not directly or indirectly engagement in any business which competes with the Sponsor, and, if elected, the Sponsor will not directly or indirectly engage in any business which competes with the Sponsee. 

Both Parties acknowledge that it is a material breach of this Agreement to (a) Be employed or otherwise interested in, either direct or indirect, to a business similar to that conducted by the Sponsor, and (b) to compete with the Sponsor. 

Trade Secrets are assets of the Sponsor. Unless written consent is obtained for the disclosure of such secrets, the disclosure of these Trade Secrets is a material breach of this Agreement. 

Trade Secrets include but are not limited to: Technical specifications, contacts of customers and Sponsors, internal Corporal matters and proprietary processes, research, communications, or intellectual property. The general prohibition of disclosure of such Trade Secrets is perpetual in the term.

Article 4 – Specific Terms

The specific terms applicable to the sponsorship are as follows:

  • The Sponsor will provide the Sponsee content or pieces of content relevant to the writing community and in American English. Thus, the Sponsor must provide content that is related but is not limited to the following topics:
    • Writing
    • Content writing, freelance writing, etc.
    • Writing tools & resources
    • Writer’s life
    • Inspirational stories of amazing writers behind the scenes and writing careers
    • Simplified blogging for writers
    • Building author brand 
    • Content marketing for writers to find their first 1,000 loyal fans
    • Social media for writers
  • The Sponsee will publish the Sponsor’s content only when the content adheres to the Sponsee’s editorial policy
  • Upon agreement of the terms between the two Parties, the Sponsor will pay $150 per article which is payable through PayPal or Payoneer whichever is convenient. 
  • Additional costs will be applied if the Sponsor wishes to repurpose the content in other formats i.e. podcast episode and video upload. If marked, the Sponsee will charge an additional amount for the time and effort spent on the production process.
  • The price is based on the content value and quality of subscribers maintained by the Sponsee by providing for her subscribers and social media followers over the years, who are not only freelance writers but there are some who came from various industries like in the fields of Art and Law from different parts of the world. 
  • The Sponsee will publish the Sponsor’s content on the website with “doFollow” links without termination unless requested by the Sponsor.
  • The Sponsee will share the published content in the community of writers, authors, and other professionals in various industries through newsletters and social media following (such as LinkedIn).

Article 5 – Tax Liabilities

The Sponsor and Sponsee each acknowledge and agree that each Party is solely and exclusively responsible for their tax liabilities due to the Internal Revenue Service (including, specifically, under the corporate sponsorship rules). 

The Sponsor will provide any required paperwork or documentation to the Sponsee, but will not deduct funds or otherwise assist in the payment of the Sponsee’s taxes in any way. 

Article 6 – FTC Rules

Although German laws for advertising apply, the Sponsee will abide by the FTC rules as the content may include audiences in the United States. Therefore, the Sponsee is required to disclose the Sponsored Content as an endorsement with a “Sponsored Content” marked on the links provided by the Sponsor. 

In addition to the disclosure, the Sponsee cannot make claims about the Sponsored Goods “that would require proof the advertiser doesn’t have” as per FTC rules. Hence, the Sponsor must provide quality content, a piece of honest and safe advice to the community. Otherwise, the Sponsee will disallow the publication of the content that doesn’t follow the Terms mentioned.

Article 7 – Disagreement

In the case of a disagreement at any point, the venue for any disputes relating to or arising from the contract will be in the local jurisdiction where the work is created. When a legal action arises from the Agreement, the prevailing party shall be awarded reasonable attorney fees and court costs from the non-prevailing party. 

If a dispute arises from this Agreement and parties are unable to resolve their dispute, then both parties hereby agree to seek mediation prior to filing a lawsuit. Mediator(s) should be a neutral third party that is mutually agreed upon and chosen between both parties. 

If either party initiates a lawsuit without attending mediation, then that party shall not be entitled to recovering attorney fees and court costs even when otherwise entitled parties agreed to seek first mediation as a solution for any disputes. 

If both parties attend mediation and are unsuccessful in reaching a mutually agreeable resolution, then both parties agree to attend legally binding arbitration. In this case, the arbitrator shall be mutually agreed upon by both parties and shall include a written record of the arbitration hearing. 

By initialing the spaces provided both parties agree to attend arbitration if mediation is not successful. If both parties elect this arbitration clause and one party initiates a lawsuit without attending arbitration, then that party shall not be entitled to recovering attorney’s fees and court costs even when otherwise entitled. 

Article 8 – Intellectual Property

IP and “Confidential Information” means the information which is shared from the Sponsee to the Sponsor, which may have commercial value, and is either (a) technical details including patents, copyrights, trade secrets, processes, instructions, software programs, algorithms, designs, or similar information, and related to the current, future, or proposed Sponsored Goods; or (b) non-technical information relating to products, for example:

  • Pricing, profit margins, marketing plans, or strategies;
  • Financial details of the Sponsor, its affiliates, or partners;
  • Supplier lists, vendors, customer lists, data, sales, or marketing plans;
  • Future business plans or project lists, and internal communications;

Or, any other information which has been marked “Confidential” or “Proprietary,” such as with a watermark, title, folder designation, or footnote/footer.

Article 9 – Confidentiality

The Sponsee agrees that the terms of this Agreement, its terms, existence, parties, and all provisions and communications regarding this Agreement are deemed confidential and protected from disclosure. 

The Sponsor agrees not to speak of, make copies of, share, or otherwise distribute any information regarding, including but not limited to confirming the existence of this Agreement. 

The Sponsor will not at any time disclose information that is proprietary or confidential, belonging to the Sponsee. The Sponsor will use reasonable discretion and make a good faith attempt to protect any confidential information owned by the Sponsee from accidental disclosure. 

Upon written request from the Sponsee, the Sponsor will provide all records, notes, or other documentation which reasonably may contain said confidential information belonging to the Sponsee. 

Article 10 – Non-Solicitation

For a period from the effective date of this Agreement, the Sponsor will not indirectly or directly solicit any business to customers with the same or similar products or services which are currently provided, or which are provided by during the effective period, by the Sponsee. 

Article 11 – Force Majeure

Both Parties will NOT be deemed in breach, or to have liability, or need to perform services if the reason of the breach, liability, or failure to perform services, is due in whole or part to acts of God, regulation or regulation changes, war, epidemic, weather, unavoidable accidents, or any other cause outside of the control of the Sponsee or the Sponsor. 

Article 12 – Termination

WITHOUT CAUSE. The Sponsor may terminate this Agreement without cause if the notice for said termination is delivered to the Sponsee thirty (30) business days before Termination. 

WITH CAUSE. The Sponsor may terminate this Agreement with cause if the notice for the said termination is delivered to the Sponsee at least thirty (30) days before Termination. 

Damages: liquid damages that constitute a breach.

NOTICE COMMUNICATION PROCEDURE: Notices shall be deemed delivered if sent in writing to the address listed in Article 1: “Sponsorship,” and shall be sent as soon as possible within reason. 

Both parties accept notices in paper form or by email to the address provided by the Sponsee and the Sponsor. The delivery date shall be the date sent, defined by the SMTP server receipt timestamp in the case of email, or by postmark. 

Article 13 – Remedies

When conditions of default are met, the Sponsee may conduct any of the following remedies:

  1. Termination of the Agreement upon any notice required, and the Term will immediately become forfeited and void.
  2. The Sponsee has the option to perform any obligation of this Agreement or parent agreements, on behalf of the Sponsor, and seek redress from the Sponsor. 
  3. The Sponsee may perform or cause to be performed collection, including the hiring of collection agencies, and seek collections from the Sponsor. 

The existence of any remedy listed above does not preclude the Sponsee from exercising any other remedy or specific right whether allowed by law, provided by equity or expressly provided for in parent agreements.

Article 14 – Governing Law

Any terms, covenants, promises, and provisions, whether express or implied, are voided if contradicted by governing law. Both parties are not obliged to comply with any terms that violate any governing law or cause any illegal action. 

If any terms are voided due to governing law, this does not affect other terms of this agreement, and all other terms of the agreement within reason shall remain in full effect. 

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