Привет всем, мне тоже предлагают сотрудничество. Если есть подкованные юристы даю текст соглашения. Надеюсь кто то подкованный прокоментирует есть ли возможные подводные камни. Пока я вычитал что будут забирать 30% может я неправильно понял. Но я не нашел никаких гарантий, как то объем продаж или что то такое. Пишут у них огромный опыт =). Они родом из Испании - фрипик (возможно и совпадение )
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Both parties affirm that all the other "WEBS" where the portfolio of graphic content of the
"ASSIGNOR" are distributed after the signing of this contract, will be entitled to the agreed
commission.
4. OBLIGATIONS OF THE ADVISER.
A. To carry out strategic advice functions required by the ASSIGNOR within its area of
activity.
B. To provide information and communicate with the possible acquiring companies and
the ASSIGNOR, keeping him informed of the news and progress of the negotiations.
C. To act in good faith and with transparency, protecting the ASSIGNOR´s interests,
ensuring that through his advice and intermediation, contracts are concluded with
the companies interested in the acquisition of the portfolio of graphic content of the
ASSIGNOR.
D. To act on behalf of the ASSIGNOR. The said representation will be limited to the time
the negotiations last.
E. To keep confidential any information obtained because of the relationship derived
from this contract.
F. To send a document specifying the service details and payment conditions.
G. To take care of the representation and promotion of the ASSIGNOR with the diligence
of an orderly merchant. For this purpose, he/she will be in charge of the adequate
promotion among the clients located in the geographical area assigned to him/her.
H. Conclude the promotional operations of the ASSIGNOR.
5. OBLIGATIONS OF THE ASSIGNOR.
A. To pay the commission agreed to by the ADVISER in the communication.
B. To provide the ADVISER with all the information requested by him in a clear and true
manner, without delay, doing everything possible so that he may comply with the
function assigned. Access to the statistics and monthly payments in the sotck site
dealt by the ADVISER.
C. To provide the ADVISER with a copy of the contract with the acquiring company,
within two days of the signing of such contract.
D. To inform the ADVISER of the relationships and contracts (other than this contract)
established or entered with acquiring companies.
E. To keep confidential any information obtained because of the relationship derived
from this contract (business secret).
F. To accept the communication with the service details and payment conditions.
G. The ASSIGNOR undertakes to be at the ADVISER’s disposal to sign the contracts
negotiated by the latter on his behalf.
H. Exclusivity: For its part, during the term of this contract, the ASSIGNOR undertakes
not to grant its representation or promotion, to any natural or legal person other
than the ADVISER.
I. The ASSIGNOR will mention us, as its representative agency, in the profile of the
image banks it works with in order to improve negotiations with the stock sites.
6. PAYMENT
In the event that the promotional action is successful, and the ASSIGNOR accepts the
conclusion of the contract, the ASSIGNOR will pay a commission agreed on the total amount
of acquisition.
The terms of payment shall be set out in the communication defined in point 3.1. and which
are accepted by the ASSIGNOR with the conclusion of the final contract.
6.1. ACCRUAL OF COMMISSION
The commission will accrue at the moment when the contract concluded by the ADVISER
has been concluded. And this, whether the contracts have been concluded by the ADVISER
directly or have been requested by the clients to the ASSIGNOR.
6.2. PAYMENT OF THE COMMISSION
Once the contract has been signed by the buyer of the Portfolio of the ASSIGNOR, ASSIGNOS
must notify the ADVISER generating the right to the commission agreed in the 3.1 clause of
this Contract.
After the communication referred to in the previous paragraph, the ADVISER shall issue an
invoice for the amount described above, which should be paid by ASSIGNOR via Payoneer
(Payoneer account:
info@msgrowth.es) within five days of having received payment from
the acquiring company.
In case of breach by the ASSIGNOR within the payment term agreed, a penalty shall apply.
The said penalty will consist of increasing by 10% the whole amount agreed between the
ASSIGNOR and the ADVISER.
7. TERMINATION OF THE CONTRACT.
The Contract may be terminated for the following reasons:
A. At the will of either of the Parties when there is a serious breach of the obligations
agreed upon.
B. By agreement of the Parties in writing.
C. The extinction of the legal personality of any of the Parties or the suspension of
payments, bankruptcy, insolvency or seizure of assets of any of them unless the debt is
guaranteed in any way.
In any case, the Party that intends to terminate this Agreement on the grounds of default of
the other Party shall require the other Party to fulfil its obligation in a reliable manner, giving
the defaulting Party a period of 7 days for the defaulting Party to remedy such default. Once
this period has elapsed without the non-performance having been remedied, the aggrieved
party may exercise the option.
If the non-conformities cannot be remedied within 30 days, the aggrieved party may
exercise the option directly, without first having to send the above-mentioned request.
8. OBLIGATION TO EMPLOY BEST ENDEAVOURS
For all legal purposes, it is deemed that the intervention and advice of the ADVISER is a
means to achieve the acquisition by a company of the ASSIGNOR´S graphic content, and not
a purpose, since the ADVISER´s function deal exclusively with advice and intermediation
functions to achieve the best economic offers on the graphic content of the ASSIGNOR.
9. INDEMNITIES FOR EARLY TERMINATION
When this contract expires and as long as the cases established in the Article 30 of the
Agency Contract Law did not concur, the ADVISER will be entitled to receive a compensation
for all the clients introduced to the ASSIGNOR and for the slight sale increase for the
ASSIGNOR, providing that the ADVISER’s former activity could continue generating
significant advantages to the ASSIGNOR and was considered as appropriate as result of loss
of commissions or any other circumstances that could be applicable.
10. RESPONSIBILITY
The ADVISER´s services deal exclusively with advice and intermediation functions, so that he
will not be held liable for any loss of profit or loss of business opportunities as a result of any
act or omission without taking into account the possibility of such damages.
He will not be held liable either for the graphic content of the portfolios acquired by the
companies, or for possible damages or claims from third parties in case of
commercialization, resale, or negligence, either active or passive, or of any act attributable
to the ASSIGNOR. If the ADVISER is involved in any circumstance which causes him any
economic loss or of any other kind, the ADVISER will be entitled to claim damages from the
ASSIGNOR, which will amount to double the economic loss caused. This item includes
lawyers´ fees, mediation or arbitration fees, expenses, etc.
Any of the parties will be released from any responsibility if they commit a breach as a result
of any incident or contingency beyond their reasonable control, including, inter alia, force
majeure cases, earthquakes, labour disputes and strikes, riots, war and government
requirements.
11. NOTICES.
All notices and communications to be given between the Parties under this Contract shall be
in writing or by e-mail with acknowledge of receipt to the following addresses:
● ASSIGNOR:
● ADVISER:
info@vecpho.com
The parties may change their addresses by notifying the other Parties in writing in the
manner and the addresses set out above.
12. RECOMMENDATION PROGRAMME
The ADVISER offers the ASSIGNOR the possibility of obtaining an additional bonus if he/she
provides the ADVISER with the contact details of another author. Should the ADVISER
conclude a business with the new author, receiving at least one payment, the ASSIGNOR will
receive a 50$ commission.
13. DATA PROTECTION & CONFIDENTIALITY.
13.1 DATA PROTECTION.
The parties to this contract are aware and undertake to be bound by the EU regulation of
the European Parliament and of the Council of 27 April 2016 on the protection of natural
persons with regard to the processing of personal data and on the free movement of such
data, as well as Constitutional Law 3/2018 of 5 December, on the protection of personal data
and guarantee of digital rights.
The parties are aware that by signing this contract they agree that their personal data
contained in this Contract, and the data that may be collected in the future to enable the
observance of this contract or its correct performance may be included by the other party in
an automated file or otherwise, with the purpose of implementing the contractual
relationship appropriately.
In any case, the parties undertake not to disclose this personal data to third parties, and
should any data be disclosed, they undertake to request the express and unambiguous
informed consent of the other party, holder of said personal data, in advance.
No limitation or restriction arises from this provision regarding the possibility of the data
holder to exercise his right to access, rectification, erasure, restriction of processing, data
portability or the right to object to the processing of data.
13.2. CONFIDENTIALITY.
The ASSIGNOR gains privileged information from the advice received; this information will
be confidential.
The parties undertake to maintain the principles of confidentiality and responsibility with
regard to all information to which they have access or become aware of in the performance
of this contract, in accordance with the provisions of current law. Both parties expressly
state that all the information supplied is reliable, truthful and has the nature of a business
secret, and therefore, in the event of any incident, contingency and violation of this, they
reserve the right to immediately terminate this agreement, as well as to take any legal action
that may be necessary.
The failure to comply with this provision will be deemed a serious breach of the contract and
will be sufficient grounds for termination by the ADVISER, who, in addition, will be entitled
to claim the damages that he may suffer from the breach of the duty of confidentiality
agreed in this provision.
6. GOVERNING LAW & JURISDICTION
This agreement shall be governed by and construed in accordance with the law of Spain. The
legal relationship created by, and any dispute or claim arising out of, this agreement shall be
subject to the exclusive jurisdiction of the courts of Malaga.
In witness whereof, they sign it in two counterparts each of which shall be deemed
to be original, in the place and date first above written.
THE ASSIGNOR THE ADVISER
Re: Предложения от посредников и агентств
Линейный вид
