SOCIAL MEDIA MANAGEMENT/MARKETING AGREEMENT
This management/marketing agreement is between SPARK SOCIAL INC (herein referred to as “Spark Social”) and NAME OF CLIENT, State of Organization, if not an individual [corporation] [general partnership] [individual] [limited liability company] [limited liability partnership] [limited partnership] [sole proprietorship] [other] (herein referred to as “Client”).
TERMS Social Media Platforms will be herein referred to as “Platforms.” Social Media Account will be herein referred to as “Account.” The parties agree to the following:
1) Spark Social reserves the right to modify, eliminate, and add to this agreement with written
notification to the Client.
2) Client must notify Spark Social three (3) days before changing any Account log-in
information, including but not limited to usernames, emails, and passwords, unless an emergency arises i.e. account hacked, team member on either party is terminated, etc. ) Client gives permission for any cross-platform promotion and cross-page promotion.
3) Spark Social follows Platform community guidelines and is not held responsible for Client’s
own actions on their Accounts or any term violations made by Client.
4) In the event of any Account or Platform disruptions (i.e. hacked, blocked, or disabled
Account) Spark Social is not responsible for any losses or incidents. Spark Social agrees to make an effort to recuperate all loses from any disruptions at no extra cost.
5) Due to Platforms’ ever-changing algorithms, Spark Social reserves the right to make changes to Client’s Account(s) or modify/change Client’s original proposal with written notification.
6)Spark Social owns any and all content curated in-house or out-sourced, for marketing and
advertising purposes, under the dates of this agreement.
7) Both parties reserve the right to terminate this contract with or without cause,
8) By agreeing to these terms, Client authorizes Spark Social to:
(a) Obtain full, consistent access to Accounts.
(b) Post and engage on Client’s Accounts (including but not limited to: Facebook, Instagram, Twitter, YouTube, Vimeo, Soundcloud, Spotify, LinkedIn, Google, Yelp, etc.)
9) Spark Social will NOT:
(a) Release or abuse ANY private/personal information provided by Client or their Parent/Guardian, including but not limited to:
(1) Banking information
(2) Credit/debit card information
(3) Account log-ins (emails, usernames, passwords, etc.)
(4) Confidential agreements or private messages on any platform
10) Spark Social will:
(a) Perform the Services set forth in Client’s individual plan/proposal. However, if a conflict exists between this agreement and any term in plan/proposal, the terms in this agreement will control.
11) Entire Agreement:
(a) This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties’ agreement with respect to the subject matter of this agreement.
(b) Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement’s effectiveness.
(c) Each party and its officers and directors shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement