Privacy Policy - Brandnation

APPROVAL, AUTHORITY AND INDEMNITY

Brandnation will be entitled to rely and act only upon any instruction, approval, or authorization given by the Client in writing in advance, including without limitation, relating to all materials such as press releases, articles, captions, copy, scripts, design and artwork, which must be pre-approved in writing/email by Client prior to general distribution or usage.

Such approval by the Client will be sufficient authority for Brandnation to publish or produce, and the approval of estimates will be authority for Brandnation to make contracts with suppliers.

Brandnation will take all reasonable steps to comply with requests to change, reject or cancel any plans, goods or services hired, bought, or engaged on behalf of the Client, provided this can be done within the contractual obligations to suppliers.

In the event of the Client’s cancellation or amendment which results in unexpected or additional costs, the Client will reimburse Brandnation for any such charges to which Brandnation is committed, including any additional work or administrative time burden that has been undertaken by Brandnation. Agency will use best endeavours to minimise these costs

The Client represents that to the best of its knowledge that all information provided to the Agency is true and not defamatory of any third party, and that the publication of it does not infringe any rights including without limitation copyright or any other like rights of any third party.

All ideas, plans, and materials furnished by Brandnation pursuant to this Agreement shall be original and/or based on public domain materials, and shall not violate the patent, copyright, trademark, trade secret or other intellectual property rights of any former employer, customer or third-party.

INTELLECTUAL PROPERTY RIGHTS

The copyright, design rights or any other intellectual property rights in all artwork, copy and other work created by Brandnation under this Agreement will rest initially with Brandnation.  Brandnation shall assign all such rights to Client once all invoices relating to the creation of the work have been settled by Client in full. Brandnation reserves the right to be acknowledged as the creator and originator of said work.

Brandnation does not disclose to Clients detailed information in relation to Brandnation’s media database, influencer, celebrity database or suppliers. Client is not at liberty to contact media or influencers direct for future opportunities.

Brandnation acknowledges that every application and utilization of the Client trademark or any derivative thereof (collectively “Trademarks”) belongs to the Client and its affiliates and that Brandnation shall have no rights to such Trademarks except for the purposes set forth in this Agreement.  Brandnation recognizes the great value of the publicity and goodwill associated with the Trademarks and, in such connection, acknowledges that such goodwill belongs exclusively to Client and its affiliates.  Any goodwill arising out of the use of the Trademarks hereunder shall incur to the benefit of Client and its affiliates.

During the Term of this Agreement, Brandnation agrees to refrain from any unauthorized use of the Trademarks and agrees to assure usage of the Trademarks solely as approved hereunder as otherwise approved in writing by Client.  Brandnation may not alter, modify, or change the Trademarks. Further, Brandnation shall not use, or permit the use of, the Trademarks or Client’s name in written and/or oral communication(s) or in any other manner or form including, without limitation, on customer lists or marketing, promotional or advertising materials, or announcements without prior written consent by an authorized representative of Client in each instance for each and every use.  All depictions of the Trademarks that Brandnation intends to use shall be submitted to Client for approval of design, color, usage, or other details as determined by Client in its sole discretion.  At no time during or after the Term of this Agreement will Brandnation challenge or assist others to challenge the Trademarks or the registration thereof or attempt to register any trademarks, marks, or trade names confusingly similar to the Trademarks.

CONFIDENTIALITY

Brandnation acknowledges its duty not to disclose any confidential information relating particularly to the Client’s business, products, new product plans and new products designs, processes, services, marketing plans, know-how, improvements, discoveries, developments, designs, inventions, techniques, marketing, finances and strategies, licenses, customer and supplier lists or other information that is commercially valuable to the Client or other third parties and not generally known in the industry, during or after the Term of Appointment, without prior written permission from the Client.

Client acknowledges its duty not to disclose any confidential information relating particularly to Brandnation’s  business, other Clients, processes, services, marketing plans, know-how, improvements, discoveries, developments, designs, inventions, techniques, marketing, finances and strategies, licenses, customer and supplier lists or other information that is commercially valuable to Brandnation or other third parties and not generally known in the industry, during or after the Term of appointment, without prior written permission from Brandnation.

NON-SOLICITATION

The parties hereby undertake that they will not, during this Agreement and for the period of twelve (12) months from the termination date of this Agreement, solicit any employees or officers of the other for any commercial purpose whatsoever.

TERMINATION

Either party may terminate our Agreement by the service of three (3) full calendar months’ notice in writing to the last known address of the other party. On receipt by Brandnation of any such written notice, in addition to agency fees relating to the current invoiced month which must be paid, an invoice for three full month’s fees will be issued to the Client payable in accordance with standard payment terms. All samples, sales aids and other marketing collateral belonging to the Client will be returned on payment of termination invoice and all other invoices.

Contract can be paused with agency’s approval (due to exceptional circumstances, force    majeure etc) for a period of up to three full months only (with one calendar months’ notice required for this to take effect). If, after this time the contract is not reinstated, the full notice termination period of three calendar month’s will be enforced and payment will be due in line with agreed terms & conditions.

PROFESSIONALISM AND WORK PRACTICE

Client has appointed Brandnation for its expertise and contacts in marketing and communications and as such Brandnation undertakes that it will endeavour, on a best-efforts basis, to deliver the programme activity as outlined in the agreed Client proposal/ scope of work.

Client accepts that Brandnation needs to be fully responsible for the allocation of its staff and resources to deliver the marketing programme as it sees fit. During office hours Brandnation anticipates reasonable client contact commensurate with the work in hand and the client fee level.

Brandnation undertakes to always act professionally and politely, including in its dealings with Client. Brandnation expects Client to also behave accordingly in a spirit of mutual co-operation and attainment.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all earlier agreements and communications either written or verbal. No amendment or other variation shall be effective unless it is in writing, dated and signed by both parties.

AMENDMENTS AND ALTERATIONS

Any amendment or alteration to this Agreement must be in writing and signed by both parties.

GOVERNING LAW

This Agreement shall be subject to the laws of England and the exclusive jurisdiction of the English courts.