Important Terms & Conditions:
The term of this program and agreement shall be for a period from the date of execution of this agreement, until payment has been paid in full, or until all content has been delivered, whichever is longer. Failure to make any payment, is a breach of this agreement and upon failure to cure such lack of payment within ten (10) days notice, I understand that the entire balance for the program will become due and payable immediately. Any unpaid balance will accrue interest at the rate of (a) 18% per annum, or (b) the highest rate allowed by applicable law, whichever is lower.
This Agreement is performable in Winter Park, Orange County, Florida and payment due is to be paid at our office in Winter Park, Florida. Jurisdiction and venue of any dispute arising hereunder are also performable in Orange County, Florida.
Non-Disclosure and Confidentiality: I acknowledge that The ProductPros LLC and its affiliates are the owner of certain trade secrets, proprietary and confidential information acquired through the expenditure of time, effort and money relating to the public relations and branding business and specifically the process of Celebrity Branding®. During the term of this Agreement, I may be exposed to such information and I agree to exercise the highest degree of care in maintaining the confidentiality of this information and further agree to require a similar agreement with regard to any sensitive or confidential information revealed by The ProductPros LLC, or its affiliates, to me with all of my employees, agents, contractors and consultants.
Indemnification: I agree at all times during and after the term of this Agreement to be responsible for, and shall defend, indemnify, and hold The ProductPros LLC harmless from and against any and all losses, claims, suits, proceedings, expenses, recoveries, and damages, including reasonable legal expenses and costs including attorneys' fees, arising out of any breach of a representation or warranty given to The ProductPros LLC by me.
Relationship of the Parties: The relationship hereby established between me and The ProductPros LLC is solely that of independent entities. This Agreement shall not create an agency, partnership, joint venture, franchisor/franchisee or employer/employee relationship, and nothing hereunder shall be deemed to authorize either party to act for, represent or bind the other except as expressly provided in this Agreement.
Breach & Dispute Resolution: In the event of a breach of this Agreement by either party, the non-breaching party agrees to provide the breaching party written notice and a thirty (30) day opportunity to cure before terminating this Agreement.
The parties to this Agreement shall not make any material disparaging or negative comments concerning each other, their officers, employees, business practices, operations, or conduct to the public, to industry individuals, or to any potential or current business partner or prospects, except to a party’s business advisors and attorneys, or as required by court subpoena or order.
In the unlikely event of a dispute between us, I acknowledge and agree that this Agreement is deemed to have been entered into in the State of Florida, and its interpretation, construction, and the remedies for its enforcement or breach are to be applied pursuant to and in accordance with the laws of the State of Florida.
If either party brings any legal action on this Agreement, they mutually agree that venue shall be Winter Park, FL. Furthermore, both parties agree that if a dispute arises between them the matter will first be submitted to mediation. In the event we cannot agree to a resolution in mediation then we agree to submit the matter to binding Arbitration to be held in Orange County, Florida. Both parties mutually agree to submit the dispute for final determination to the commercial division of the America Arbitration Association or by mutual consent we may agree to an alternative method of dispute resolution.