This Affiliate Agreement ("Agreement") is made and entered into on [Date] by and between NewSense Strategies, dba The Non Profit Podcast Network, with its principal place of business at 7921 Kingswood Dr, Ste A1, Citrus Heights, CA 95610 ("Company"), and [Affiliate Name], with its principal place of business at [Affiliate Address] ("Affiliate").
- Purpose
The purpose of this Agreement is to outline the terms and conditions under which the Affiliate will be eligible claim a city/market/region to operate, promote and purpose the Company's products & services in the designated city/market/region. ("Territory").
- Exclusive Territory
The Affiliate is granted exclusive rights to hold for future promotion and to purpose the Company's products & services within the city of [City Name] ("Territory"). During the term of this Agreement, the Company will not appoint any other affiliates or representatives in the Territory.
- Deposit to Hold Territory
The Affiliate agrees to pay a deposit of $100.00 ("Deposit") to hold the exclusive rights to the Territory until program launch which is to be no later than January 1, 2025. This Deposit will be applied towards future fees due to the Company. The Deposit is non-refundable with exceptions as noted in items 7 & 10. Once program operating agreement has begun in the respective territory, the operating agreement between Affiliate and Company will supercede this Territory holding agreement.
- Earned income
The Affiliate shall be entitled to 100% of the gross sales revenue generated from customers located within the Territory unless otherwise discussed and documented. All business operations of the Affiliate remain the responsibility of the Affiliate unless otherwise discussed and documented.
- Affiliate Obligations
The Affiliate agrees to:
- Actively promote and produce a podcast episode for release every Wednesday of the year.
- Follow the templates, tools and guidelines of The Non Profit Podcast Network as stated in the Operating Agreement and adhere to the brand standards as set forth in the style guide. (All to be provided 60 days prior to Territory launch.)
- Represent the Company’s products & services in a professional and ethical manner.
- Comply with all applicable laws and regulations within the Territory.
- Submit sales reports to the Company on a monthly basis for additional Company and Affiliate support, suggestions and process.
- Launch Territory with no less than four episodes in the queue.
- Provide Company one :30 midroll commercial/spot position. (If Territory commercial/spot is requested to be host read, a fee will be negotiated and paid to host by Company.)
- Immerse itself in the nonprofit community to further support, understand and build deeper relationships to better service both the nonprofits and the greater Territory.
- Company Obligations
The Company agrees to:
- Provide Affiliate with complete Operating Agreement & Style Guide to include marketing materials, training, templates, and support as is reasonably necessary, no later than October 1, 2024.
- Provide Affiliate with commercial content for Company commercial/spot within 14 days of commercial airing.
- Introduce Affiliate to franchised nonprofits Company may have a relationship with. ie Big Brothers Big Sisters, Girl Scouts, Junior Ach
- Launch the affiliate market in the Territory no later than January 1, 2025.
- Term and Termination
This Agreement shall commence on the date of execution and continue for a period of 120 days or until launch date, whichever occurs first unless terminated earlier in accordance with this Section.
Either party may terminate this Agreement with 30 days' written notice. In the event of termination by the Company without cause, the Deposit will be refunded to the Affiliate. In the event of termination by the Affiliate or by the Company for cause, the Deposit will not be refunded.
- Confidentiality
The Affiliate agrees to keep confidential any and all information provided by the Company, including but not limited to business strategies, customer information, and pricing.
- Indemnification
The Affiliate agrees to indemnify and hold harmless the Company from any and all claims, damages, and liabilities arising out of the Affiliate’s activities under this Agreement.
- Refund of Deposit
If refund of deposit is due Affiliate, Company will refund the amount due within 30 days.
- Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflicts of law principles.
- Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, whether written or oral, relating to the subject matter hereof.
- Amendments
No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.
- Signatures
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written.
Company Name: NewSense Strategies, Inc dba The Non Profit Podcast Network.
By: Jeff Holden
Title: Founder & Principal