Venture Marketing Terms & Conditions

I have contracted Eagle Cross, Inc. d/b/a Venture Marketing to provide Marketing Consulting and Business Planning Services under the following Terms & Conditions:

I understand that Venture Marketing is an independent contractor legally able to be engaged to do such work, that the Terms & Conditions will be governed by the laws of the State of Illinois, and that all copyright and intellectual property rights of any materials Venture Marketing creates for me will reside with me. I further understand that although Venture Marketing offers professional Business Planning and Marketing advice, Venture Marketing cannot guarantee that I or my business will meet my or its marketing objectives.

I will pay all invoices when due and if I am not able to do so, I agree to pay finance charges on the uncollected balance due Venture Marketing at the current interest rate set by Venture Marketing not to exceed 1% per month.

Should I supply Venture Marketing with materials, I affirm that I am the full copyright owner of such materials or that I have obtained proper permission from the copyright owner(s) for use of such materials. I will indemnify Venture Marketing and hold Venture Marketing harmless against any claims of libel, copyright, or trademark infringement brought against Venture Marketing with respect to use of those materials.

Should I supply Venture Marketing with materials which I consider confidential to my business, I will mark all such materials as “Confidential.” Venture Marketing will do its utmost to protect “confidential” materials in the same manner in which Venture Marketing protects its own confidential materials. I understand that this does not apply if Venture Marketing is aware of such materials prior to me supplying them, becomes aware of such materials from another third-party, or the materials become publicly available at some later date.

I authorize Venture Marketing to manage any third parties (e.g., researchers, designers, writers, publicists, etc.) necessary to fulfill the work that I am contracting them to do and agree I agree to reimburse Venture Marketing for their expenses plus their, then current, mark-up. I expect that Venture Marketing will exert a good faith effort to prevent any loss to me resulting from failure of proper performance by those third-parties, but Venture Marketing shall not be liable to me by reason of any default of those third parties or other parties who are not Venture Marketing employees.

Should it be necessary, I understand that either of us must give 90-day notice of project cancellation.

Both parties agree not to recruit or hire the other’s employees during the term of our work and for a period of twelve months following termination. Should this occur, compensation equal to the employee’s annual compensation will be paid by the hiring party as liquidated damages. Further, I agree to not solicit, entice, or engage with Venture Marketing employees or its contractors outside of the contracted work without prior written permission by Venture Marketing, which may include a fair and reasonable compensation schedule.

I agree to not unnecessarily withhold authorization of publicity of our agreement or restrict Venture Marketing from using the materials created for me as examples of their work (for marketing purposes) as long as confidential elements have been removed.

I understand that all right, title and interest (including all copyright and intellectual property rights) in and to any materials created by Venture Marketing on my behalf will automatically transfer to me only upon and not until payment by me of the amount stated in the invoices relating to such materials. Until such payment has been received by Venture Marketing, Venture Marketing will remain full owner of the copyright and intellectual property rights embodied in such materials created by Venture Marketing on my behalf.

I understand that by paying invoices due Venture Marketing I agree with the above Terms & Conditions (cited in Venture Marketing invoices) and that these Terms may be modified by Venture Marketing at any time with or without notice.