………………………………………………. hereinafter referred to as “Marketers” which expression shall where the context so admits include his/her/its personal representatives and assigns) on the first part;
…………………………………… hereinafter referred to as “Company” which expression shall where the context so admits include its successors and assigns) of the other part.
IN CONSIDERATION of the mutual promises and other valuable consideration exchanged by the Parties as set forth herein, the Parties, intending to be legally bound, HEREBY AGREE AS FOLLOWS: –
2.1 Any notice to be given to any Party to this Agreement shall be in writing and shall be deemed to be duly served if.
2.2 It is served personally on the Party in default.
2.3 It is delivered to his/her/its attorney.
2.4 It is sent by registered post to their address.
4.1 Should any dispute arise between the Marketers and Company with regard to the interpretation, rights, obligations and/or implementation of any one or more of the provisions of this agreement, the parties shall in the first instance attempt to resolve such dispute by amicable negotiations.
4.2 Should such negotiations fail to achieve a resolution within fourteen (14) days, either the Marketer or Company may declare a dispute by written notification to the other, whereupon such dispute shall be referred to mediation.
No amendment to this Agreement shall be effective unless signed in the same manner as this Agreement by both parties.
6.1 Each of the parties hereby agrees and confirms for the purposes of the Law of Contract that it has executed this Agreement with the intention of binding himself/ herself fully to the contents hereof.
6.2 No person who is not a party to this Agreement shall be made a party to this Agreement or shall have any right to rely on or enforce any term of this Agreement.
Failure to honor the terms of this Agreement by either the Marketer or Company automatically terminates this Agreement.
Both the Marketer and Company shall keep this Agreement, all terms and conditions of this Agreement and the business and affairs by and between the parties strictly confidential and shall not (i) disclose any such information to any third party, (ii) make any written or oral comments to any member of the media concerning such information, and (iii) use any such information for purposes of publicity or otherwise disclose or divulge such information.
This Agreement represents the entire agreement between the parties hereto and supersedes all prior and contemporaneous written or oral agreements and all other communications between the parties relating to the subject matter to be rendered hereunder. Any additions, deletions or modifications shall not be binding on either party unless accepted and approved in writing by duly authorized representatives of both parties. In the event of any contradictory provisions between this Agreement and other documents issued by the owner in connection herewith, the terms set forth in the body of this Agreement shall prevail.
If any term or condition of this Agreement shall to any extent be invalid or unenforceable, the remainder of this Agreement shall not be affected and each other term and condition shall be valid and enforceable to the fullest extent permitted by law.
IN WITNESS WHEREOF this agreement has been duly executed by the parties hereto the day and year first herein before written.
SIGNED by the MARKETERS
SIGNED by the COMPANY