Mr.KIM Advertising Contract Agreement

This Mobile App Advertising Contract Agreement (hereinafter referred to as the "Agreement") is entered into between [Advertising company Name], the advertiser (hereinafter referred to as the "Advertiser"), and Mr.KIM, the mobile app owner (hereinafter referred to as the "App Owner"), for advertising services provided through the mobile app (hereinafter referred to as the "App"). This Contract Agreement  constitute a legally binding agreement made between advertiser, whether personally or on behalf of an entity (“ advertiser”), and The KIM People Limited DBA Mr.KIM, and concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all THE MOBILE aPP ADVERSTISING CONTRACT AGREEMENT HEREIN. IF YOU DO NOT AGREE WITH ALL THE MOBILE aPP ADVERSTISING CONTRACT AGREEMENT HEREIN, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. Scope of Agreement:

1. The Advertiser agrees to place advertisements within the App to promote their products or services.
2. The App Owner agrees to provide advertising space within the App for the display of the Advertiser's advertisements.

2. Advertisement Placement and Content:

1. The Advertiser shall provide the App Owner with the necessary advertisement materials, including images, text, and any other creative assets.
2. The App Owner shall determine the placement and positioning of the advertisements within the App, subject to any agreed-upon specifications.
3. The Advertiser acknowledges that the placement of advertisements within the App is at the sole discretion of the App Owner/Developer, subject to any agreed-upon preferences.
4. The duration of the advertising campaign shall be as specified in this Agreement, with the option to extend upon mutual agreement.

 

3. Advertisement Approval:

1. The App Owner reserves the right to review and approve all advertisements before they are displayed within the App.
2. The Advertiser shall comply with any content guidelines and policies set forth by the App Owner for advertisements.

4. Advertisement Duration and Fees:

1. The Advertiser shall specify the desired duration of the advertisement display within the App.
2. The Advertiser agrees to pay the agreed-upon advertising fees as outlined in the separate pricing and payment agreement.

5. Advertisement Performance and Metrics:

1. The App Owner shall provide the Advertiser with periodic reports and metrics related to the performance of the advertisements, as mutually agreed upon.
2. The Advertiser acknowledges that the success of the advertisements may vary based on factors beyond the control of the App Owner.

6. Confidentiality:

1. The App Owner agrees to keep any confidential information provided by the Advertiser regarding the advertisement materials and campaign details confidential and not disclose it to third parties, except as required by law or with the Advertiser's consent.

7. Intellectual Property:

1. The Advertiser represents and warrants that it owns or has obtained all necessary rights and permissions for the advertisement materials provided.
2. The Advertiser grants the App Owner a non-exclusive, worldwide, royalty-free license to display the advertisements within the App for the agreed-upon duration.

 

 

 

8. Liability and Indemnification:

1. The Advertiser shall indemnify and hold the App Owner harmless from any claims, liabilities, or expenses arising from the content of the advertisements or any alleged infringement of intellectual property rights.
2. The App Owner's liability shall be limited to the value of the advertising fees paid by the Advertiser.

9. Data Privacy:

1. The App Owner respects the privacy of the Advertiser's personal information and handles it in accordance with its Privacy Policy.
2. The Advertiser acknowledges and agrees to the collection, storage, and processing of their data as outlined in the App Owner's Privacy Policy.

10. Termination:

1. Either party may terminate this Agreement with written notice to the other party if there is a material breach of the Agreement, subject to any agreed-upon termination provisions.

11. Governing Law and Jurisdiction:

1. This Agreement shall be governed by and interpreted in accordance with the laws of Kenya and East African Community.
2. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Kenya.

12. Amendments

1. This Agreement may be amended or modified by mutual written consent of both parties.

13.  Entire Agreement

1. This Agreement constitutes the entire understanding between  Mr.KIM App and the Customer and supersedes any prior agreements, written or verbal, relating to the subject matter herein.

 

By placing advertisements within the App, the Advertiser acknowledges and agrees to the terms and conditions outlined in this Mobile App Advertising Contract Agreement.