Service Agreement
Promote Real Estate Marketing 

 

This Promote Real Estate Marketing Service Agreement (“Agreement”) is made by and between ______________ (“Client”) and Promote RE, Inc (“Promote”). Promote and Client shall be known collectively as the “Parties”. This agreement shall be made effective on ______________ (date).
 

The Parties agree as follows: 

  1. SERVICES

Client hereby agrees to engage Promote to provide the Client with any or all of the following services (“Services”) offered by Promote: 

  • Email campaign market research
  • Email marketing data services
  • Email marketing strategy
  • Email design and copywriting
  • Email campaign execution

 

  1. TERM OF AGREEMENT

The term of this agreement (“Term”) will begin on the date of this agreement and will remain in effect until completion of services as described in this Agreement, or until one (1) calendar year after the date of this Agreement, whichever comes first. 

 

  1. PERFORMANCE

The Parties agree to adhere to the terms of this Agreement for the entire duration of its Term.  

 

  1. RELATIONSHIP OF THE PARTIES

Nothing in this agreement creates any special relationship between the Parties, such as a partnership, joint venture, or employee/employer relationship between the Parties. Neither Party has the authority to, and will not, act as agent for or on behalf of the other Party or represent or bind the other Party in any manner. 

 

  1. PAYMENT

Payment shall be made to Promote via online checkout in the amount calculated at checkout based upon the total combined price of all desired Services, plus applicable taxes, shipping, processing, and other fees as required. 

 

  1. BUSINESS LICENSES, PERMITS, AND CERTIFICATES

Promote represents and warrants that Promote and Promote’s employees will comply with all federal, state, and local laws requiring business permits, licenses, and certificates required to carry out the Services to be performed under this Agreement. 

 

  1. WARRANTY/INDEMNITY

Promote warrants that all work performed shall be satisfactory to Client in accordance with commercially reasonable standards. Client warrants to Promote that the material and analysis, data, programs and services to be delivered or rendered pursuant to this Agreement shall be the kind and quality necessary to perform the terms of this Agreement, shall be of merchantable quality, and all work shall be performed by qualified persons.  

Client shall indemnify and hold Promote harmless from any loss or liability arising from results of Services provided under this Agreement. 

 

  1. PRODUCT OWNERSHIP

All products, services, and information (collectively the “Product”) developed in whole or in part by Promote in connection with the Services will be the exclusive property of Client.  

 

  1. DISPUTE RESOLUTION

If a dispute arises under this Agreement, the parties agree to first try to resolve the dispute with the help of a mutually agreed-upon mediator in Los Angeles County, State of California. Any costs and fees other than attorney fees associated with the mediation shall be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, the parties agree to submit the dispute to a mutually agreed-upon arbitrator in Los Angeles County, State of California. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction to do so. Costs of arbitration, including attorney fees, will be allocated by the arbitrator. 

 

  1. ENTIRE AGREEMENT

This Agreement is the entire contract between the parties and supersedes any and all prior understandings and agreements between the parties whether oral or in writing. No amendment to this Agreement shall be effective unless it is in writing, attached to and made a part of this Agreement, and executed by Client and by an officer of Promote. 

  

  1. SEVERABILITY

In the event any provision of this Agreement shall be held invalid or illegal by a court for any reason, the remainder of this Agreement shall not be affected. 

 

  1. AMENDMENT

This Agreement may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the Party obligated under the amendment. 

 

  1. GOVERNING LAW

This Agreement and the Services performed under it shall be governed by the applicable laws of the State of California. 

 

  1. NOTICE

Any notice required by this Agreement shall be deemed given on the day after such notice is deposited in the United States mail, First Class postage prepaid, addressed to Client and Promote at the addresses appearing below. If the United States mail is not used, notice shall be deemed as given on the date said notice is actually received by the party to which said notice is due. 

Client: [Client’s address] 

Promote: 1730 E Holly Ave #809, El Segundo, CA 90245 

 

  1. WAIVER OF CONTRACTUAL RIGHT

The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. 

 

  1. TITLES

Titles to Articles in this Agreement are for convenience only and are not to be construed as part of this Agreement. 

 

  1. SURVIVAL

It is expressly agreed that the provisions of Sections [anything that needs to apply after work is completed] shall survive termination of this Agreement. 

 

  1. ASSIGNMENT

Neither Party may assign or transfer this Agreement without the prior written consent of the non-assigning Party, which approval shall not be unreasonably withheld. 

 

To signify acceptance of this Agreement, an authorized representative for each party must sign below. 

 

Promote Client 

By: __________________ By: __________________ 

Title: ________________ 

Date: ________________ Date: ________________