You are on page 1of 3

Marketing and Publicity Services Agreement I.

By signature to this Agreement, James Brewer and/or Amy Dondy, hereinafter known as A-J Productions, hereby retain Linda K. (Caitlin) Morgan, hereinafter known as Caitlin Morgan, for marketing and publicity services for the purpose of increasing notoriety and sales of the CD Simply Sondheim, A 75th Birthday Salute. II. This agreement is in effect from the moment it is signed by all three parties, James Brewer, Amy Dondy, and Caitlin Morgan and remains in effect until cancelled by the cancellation process outlined in paragraph VII of this Agreement. III. This agreement supersedes any prior agreement, spoken or written, between these parties, and any later agreement, spoken or written, between these parties, with the sole exception of any later written agreement which expressly voids the terms of this agreement and is signed by all the same parties still living, IV. This agreement contains all the terms and conditions of the services to be rendered by Caitlin Morgan and all the terms and conditions of payment to be made for those services by James Brewer and Amy Dondy of A-J Productions. V. No liability of any type or cause, past, present or future shall in any way be transferred by this Agreement or any other, from A-J Productions that is, James Brewer and/or Amy Dondy, to Caitlin Morgan. A-J Productions, that is James Brewer and/or Amy Dondy, shall defend, indemnify and hold faultless Caitlin Morgan against and from any and all claims, suits, losses, damages and liabilities for every and any kind or type of damages whatsoever sought which pertain to any matter relating to the Simply Sondheim CD or any other A-J Production business matter. VI. This Agreement is cancellable in one of two ways only; either: 1) At any time during the term of the contract either party may cancel with 90 days written notice; or 2) During the first 60 days from the inception of the Agreement, A-J Productions, that is James Brewer and/or Amy Dondy, may cancel immediately by notifying Caitlin Morgan in writing and paying her, within 72 hours, in one lump sum, at the rate of $50 an hour, for all time spent to that date. Cancellation by method #1 above does not in any way cancel the obligation for A-J Productions to pay Caitlin Morgan for all relevant sales as defined in Paragraph VIII below. VII. Caitlin Morgan shall provide marketing and publicity services for at least fifteen hours a week, averaged, during all times in which this agreement is in effect. She may spend more time at her discretion. She will provide A-J Productions, in a reasonably timely fashion, a written report and account of her time for each weeks work. The work will be performed in consideration of increasing sales and in consultation with James Brewer but its particulars will be largely at her discretion. Work that is not reasonably aimed at increasing sales of the Simply Sondheim, a 75th Birthday Salute CD will not be expected

2 of Ms. Morgan under this agreement. At her discretion she may assign part of her weekly work to her employees and/or associates, especially Patrick Irwin. VIII. For the purposes of this Agreement, the term relevant sale shall mean any sale of the Simply Sondheim, a 75th Birthday Salute CD which takes place during any time this Agreement is in effect, and which results in any payment of funds from any party to A-J Productions (i.e. James Brewer and Amy Dondy together or separately) at any time, even after the contract has been cancelled or terminated. IX. A-J Productions, (i.e. James Brewer and Amy Dondy together or separately) will pay Caitlin Morgan $1.50 for every Simply Sondheim, a 75th Birthday Salute CD sold, by any party, and through any distribution channel, during the time this agreement is in effect. This includes all pre-release sales, even prior to the inception of this contract. X. Payment to Caitlin Morgan by A-J Productions (i.e. James Brewer and Amy Dondy together or separately) of $1.50 for each relevant sale by Kritzerland records will be made within 72 hours of collection of funds from Kritzerland Records, even if collection takes place after this Agreement has been cancelled, unless it is cancelled by A-J Productions in the first 60 days of the Agreement under cancellation method #2 in Paragraph VII of this agreement. All relevant sales in which funds are collected from other parties shall be accounted for monthly by A-J Productions and payment of $1.50 for each relevant shall be made on the fifteenth of the month following. XI. Upon presentation of an invoice, A-J Productions will pay to Caitlin Morgan, within 30 days, all out of pocket expenses for press releases, promotional materials and mailings. She will estimate costs beforehand and get estimates approved by James Brewer. She will have access to an agreed upon number of promo CDs at no expense to herself. XII. A-J Productions, that is James Brewer and/or Amy Dondy, will provide to Caitlin Morgan, immediately upon receipt, copies of all and every communication from or to Kritzerland Records, or any other third party, that has any bearing on, or contains any information on, sales statistics, actual and/or projected, with respect to the Simply Sondheim, a 75th Birthday Salute CD. Agreed to this day __________________________________ By: __________________________________ Linda K. (Caitlin) Morgan ___________________________________ James Brewer ___________________________________ Amy Dondy

You might also like