K - X - Pixelmon Signed
K - X - Pixelmon Signed
K - X - Pixelmon Signed
This Agreement, executed on 9th day of January 2023, is entered into by and between Pixelmon To Go registered office at
Julianastraat 9, 3281 XW Numansdorp, Netherlands (hereinafter referred to as the “Company”)
and
[Management]. company, having its registered office at [Address] (hereinafter, the “Contractor”).
• DATE OF PERFORMANCE
Parties agree that the Content will be disseminated on Contractor’s outlets on the date of performance stipulated in
Schedule A (“Date of Performance”). This dissemination on the specified date will constitute the date of performance
and upon performance of the promotion of the Content and fulfillment of the terms, and upon payment of compensation
by Company as outlined below, this Agreement shall terminate and Contractor’s rights to use the brand name as
described within this Agreement shall terminate as well.
• DELIVERABLES
Contractor will deliver post on the agreed platform on behalf of the Company as outlined in Schedule A. The Services
shall conform to the specifications and instructions of Company as outlined in schedules, abide by the rules of the
relevant social media platforms, and are subject to Company’s acceptance and approval.
• OWNERSHIP
The Parties acknowledge and agree that Contractor for the purpose of performing the Services under this Agreement
shall retain, own, exclusively and in perpetuity, all rights of whatever kind and character, throughout the world and in
any and all languages, in and to the videos, photographs, text and/or all works of similar nature produced, developed, or
created by Contractor for this Agreement (collectively, the “Content”), including the right to sublicense the Content to
the Company and the Company’s brand partners (the “Brand Affiliates”). Contractor shall keep link in ‘bio’ from the
post.
THEME OF INTEGRATION
• The Parties agree that the video where the brand integration will take place shall have a theme related to the game
Pixelmon. The Contractor shall ensure that the theme of the video is in line with the game and the brand being
promoted by the Company.
• USAGE
Contractor hereby grants the Company and Brand Affiliates an exclusive, royalty free, right and license to feature
Content generated by Contractor as part of the campaign (including Contractor’s name and likeness) on Company’s and
Brand Affiliates owned and controlled social media platforms and within third party digital and broadcast platforms and
print platforms including but are not limited to: ad networks, email marketing, paid search listings, television, radio,
newspapers, magazines and brochures, Facebook, Instagram, Twitter, YouTube, TikTok, Pinterest, Google+ and website
blogs during the term of this Agreement and for a period of one (1) months thereafter.
• LICENSE
Company grants to Contractor a temporary license to use Company’s and Brand Affiliates’ name and promotional
materials as may be necessary to achieve the promotional purpose but only in compliance with the Guidelines and only
to achieve the promotional purpose as described in the Schedule A. Contractor grants to Company a perpetual license to
use Contractor’s name and likeness in all media including Company website and the brand website and on social media
sites and in all formats of print and digital media advertising. All intellectual property rights for the Deliverables
(including those which are in a process of performance or are currently being in a partly-performed form), belong to the
Company.
• CANCELLATION
The Company may terminate this agreement at any time without cause upon one (4) day prior written notice to the
Contractor and Contractor may terminate this agreement without cause upon at least four (4) days prior written notice
to the Company.
In addition to any right or remedy that may be available to Company under this agreement or applicable law, in the
event that Contractor has breached this agreement, Company may (i) immediately suspend or terminate the Agreement
and/ or (ii) instruct Contractor to cease all promotional activities or make clarifying statements, and Contractor shall
immediately comply.
Contractor agrees that he/she will not use, disclose, communicate, copy or permit the use or disclosure of any such
information to any third party in any manner whatsoever except to the existing employees of Company or as otherwise
directed by Company in the course of Contractor’s performance of services under this Agreement, and thereafter only
with the written permission of Company. Upon termination of this Agreement or upon the request of Company,
Contractor will return to Company all of the confidential information, and all copies or reproductions thereof, which
are in Contractor’s possession or control. Contractor agrees that during the tenure of this contract.
Content Creator’s engagement hereunder is exclusive for 30 days and will restrict Content Creator from rendering
services to other businesses in regards to Pixelmon. Notwithstanding the foregoing,
Content Creator agrees that during the term of this Agreement and for 30 days following it will not render any services
to any competitor of Company, either directly or through another company.
• COMPENSATION
In full consideration of Contractor’s performance, his/her obligations and the rights granted herein, Contractor shall be
paid USD 10.00 CPM with a cap of 14 days («Compensation»). Contractor acknowledges that the agreed upon
compensation represents Contractor’s entire compensation with respect to this agreement and Company shall have no
other obligation for any other compensation to or expenses or costs incurred by Contractor in connection with the
performance of its obligations under this agreement. If Contractor has obtained employees or agents (the “Contractor
Personnel”), Contractor shall be solely responsible for all costs associated with Contractor Personnel.
Each Party pays its own taxes solely. No Party acts as a tax agent of another Party.
The total price of the Agreement consists of the amounts indicated in the payment invoices, which are an integral part
of this Agreement.
PAYMENT TERMS
Post Payment
The company shall undertake payment in full in the amount stipulated in section 9 within thirty (30) days of
the date of performance. Payment can be made to the following bank details:
Bank: Halifax
Address: Unit 1, 252 Roman Walk, High St, Exeter EX4 3PZ
Swift: HLFXGB22
Bank Account Number: 11429068
Routing Number: 11-07-78
• FORCE MAJEURE
If either party is unable to perform any of its obligations by reason of fire or other casualty, strike, act or order of public
authority, act of God, or other cause beyond the control of such party, then such party shall be excused from such
performance during the pendency of such cause.
• INDEPENDENT CONTRACTOR
Contractor is retained as an independent contractor of Company. Contractor acknowledges and agrees that (i)
Contractor is solely responsible for the manner and form by which Contractor performs under this Agreement, and (ii)
Contractor is a self-employed individual, who performs services similar to the services outlined in Schedule A for
various entities and individuals other than Company. Contractor is responsible for the withholding and payment of all
taxes and other assessments arising out of Contractor’s performance of services, and neither Contractor nor any of
Contractor’s employees or independent clients shall be entitled to participate in any employee benefit plans of
Company.
Date: 01-18-2022
Date: 31-03-2023
SCHEDULE A
SCOPE OF WORK
Campaign: Pixelmon To Go
Scope:
https://www.youtube.com/@KanesAce
Campaign Compensation:
• $10.00 CPM with 14 days cap