The Agent is authorized by the Client to assume the identity of the Client in all social media interactions on the internet including, but not limited to, status updates, blog posts, online forum discussions and message board posts, comments, and responses to user comments, and emails.
The Client will demonstrate this authorization by providing URLs, usernames, and passwords for all of its social mediums in the space below:
The Agent will hold the Client’s URLs, usernames, and passwords in confidence. The Agent will not share this information under any circumstances, nor will the Agent sell this information to a third (3rd) party.
Rights to Created Content
The Client will retain the right to all content created by the Agent for the Client, while under contract, ad infinitum. However, the Client may not distribute for profit any content created by the Agent for the Client, while under contract, without the written consent of the Agent.
Furthermore, the Agent will retain the right to use any and all content created by the Agent for the Client, while under contract, for the purpose of (1) providing samples of the Agent’s work or (2) instruction – including, but not limited to, presentations, lectures, webinars, and published material in any medium.
Access to Client Information
In order to accurately determine ROI (Return on Investment), the Agent will, from time to time, ask for financial and customer information from the Client. Requests will be made directly to the Client in person, over the phone, or in writing. After receiving the answer, the Agent will store the information in the Client’s physical folder and any electronic record will be deleted.
The Agent will not share this information under any circumstances, nor will the Agent sell this information to a third (3rd) party.
Establishing a social media presence and initiating a two-way flow of communication between the Client and the public can have unintended consequences on the Client’s reputation. Should this occur, the Client waives its right to hold the Agent responsible for any damage and/or liability that may arise from the Agent’s actions on behalf of the Client.
If, at any time, the Client does not agree with actions taken by the Agent on its behalf, it must notify the Agent in writing. If the Agent receives such a communication, the Agent will post a retraction and apology across all affected platforms within twenty-four (24) hours.
Either party shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of war, fire, laws, proclamations, edits, ordinances or regulations, riots, earthquakes, floods, explosions or other acts of nature. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption. When such events have abated, the parties’ respective obligations hereunder shall resume. In the event the interruption of the excused party’s obligations continues for a period in excess of thirty (30) days, either party shall have the right to terminate this Agreement upon ten (10) days’ prior written notice to the other party.
Amendments & Addendums
This contract is to be considered complete and final. However, the field of social media is rapidly changing and said changes may necessitate amendment or addition to this contract. Should such a need arise, the amendment or addendum must be drawn up as a separate document, signed by both parties indicating their agreement, and a copy of the signed document must be provided to the Client and the Agent.
Should either party violate the terms of or fail to meet the obligations set forth in this contract, such action will render the opposing party free from any further contractual obligation.