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What is a brand ambassador contract?

A brand ambassador contract is mostly used in the world of social media marketing. Companies have different reasons for working with brand ambassadors. Regardless of the reason for working with one, they often seek to sign a social media brand ambassador contract with whoever they choose. With the increasing acceptance and use of social media, companies are utilizing the social media power of brand ambassadors and influencers.

About 40% of those surveyed in a study carried out by Annalect and Twitter say they trust the influencer opinion as much as their friends. There's no issue with opportunities in the niche if you are a social media brand ambassador. But you must seek to represent or promote the brand you represent without involving yourself in legal matters. The social media brand ambassador contract is a must if you have to work freely with a company.

Brand ambassadors are real people employed by organizations to represent their brand in a positive light and, by doing so, help increase awareness and sales. Brand ambassadors aren’t people that opened social media accounts with a specific theme in mind and then went on to gain followers using hashtags and posts. Instead, they are natural consumers of a brand with real-life friends as followers who trust their opinions.

These are the people companies hire to represent their brands. Although many consumers still trust recommendations from friends according to a study conducted by Nielsen Global Trust in Advertising Report, brand ambassadors are still influencing the choice of many consumers today.

Brand Ambassador Contract Template
Image Credits: jotform.com

If you are seeking to hire a brand ambassador today or you are the ambassador yourself, a social media brand ambassador contract will be instrumental in defining the expectation of the agreement plus other issues like scope and compensation. See the must-have sections of a typical brand ambassador contract in the next part of this article.

What makes a good brand ambassador contract?

1. Understanding the brand ambassador contract template

Ensure the following sections are included or at least captured as information in other sections of your social media brand ambassador contract.

1.1. Deliverables of a brand ambassador contract

The contract should clearly define the duties of the social media brand ambassador. It should include a professional guideline about the platform to work with (Facebook, Instagram, Youtube, etc.), contents, and rules surrounding the post.

1.2. Specify content in your brand ambassador agreement

What content exactly will the brand ambassador post to create awareness for the brand; is it video, images, text, or other content? Besides, the social media brand ambassador contract should talk about the length of content, the frequency of posting maybe three to four blog posts per month, etc.

1.3. Exclusivity in a brand ambassador contract template

In some cases, a company may decide to sign an exclusive deal with a brand ambassador. In this case, the brand ambassador is not authorized to represent or promote other brands, especially competitors. You don't want to have issues promoting other brands later in the campaign when the social media brand ambassador contract you signed didn’t define the relationship. 

1.4. Compensation section of a brand ambassador agreement

Every contract must include a payment and pricing model. How do you want to be paid? Do you collect upfront fees? Say 20% before going on with the contract? Put that into writing if applicable.

1.5. Ownership rights in a brand ambassador contract template

It is wise to define the ownership right of contents created during the campaign in your social media brand ambassador contract. 

1.6. Timeline & termination of a brand ambassador agreement

Include the start and end date of the contract as well as other vital schedules of the campaign. What happens if any party decides to withdraw from the deal? A clause in the social media brand ambassador contract should take care of that question and make provision for the next line of action.

How to make a good brand ambassador contract?

2. How to create a social media brand ambassador contract template

Let's talk about your business. You'd probably been in business for a while now or planning to set up one. Regardless, your goal is to provide a unique product or service to your customers and, in return, get paid and make a profit. What are the strategies used to get customers and make people aware of your products or services? Every business has a strategy and marketing plan that entails promotional tactics.

These strategies may include advertisements, billboards, pamphlets, social media, and commercials. Using people as brand ambassadors is one of the newest methods of building a customer base. And if you want to employ this method, you need to draft and sign a contract with an ambassador. This is where your brand ambassador contract template comes into play. If you are yet to get a model for your contract, worry less.

You can download a customizable template from Bonsai's contract gallery. Besides, we have included the basic sections that must be contained in your brand ambassador contract. Read on to explore the information we have for you on this subject.

2.1. Why you need a brand ambassador contract 

The increasing acceptance and use of social media have made the concept of brand ambassadors effective in promoting businesses both offline and online. People tend to trust the individual and their word of mouth regarding products and services. Brand ambassadors may appear at the company's event; they promote products and services in different ways. 

Whether you run a business or you are the brand ambassador yourself, you need to create and sign a brand ambassador contract to ensure a smooth business relationship. The contract is legally binding; it guarantees your services to the brand or business that employs you.

If you have no brand ambassador contract template, your deals will be subjected to verbal agreements, which may cost you, in the long run, should anything go wrong. You don't want to take such a risk. Ensure every organization you promote signs a brand ambassador contract. A refusal to sign that your brand ambassador contract template, suggests one thing; they are not the right brand to represent.

ambassador contract template sample
Image Credits: agreements.org

2.2. What should you include in a brand ambassador contract template?

See the must add sections in a typical brand ambassador agreement template.

2.2.1. Identification of parties

Identify the parties involved in the agreement-brand or company and the brand ambassador. Include personal information of all the parties involved.

2.2.2. Deliverables

What precisely is the ambassador expected to do as part of the contract? What product, service, or brand is the ambassador promoting? There should be a professional guide on what the brand ambassador will do.

2.2.3. Exclusive relationship

How exclusive is the contract? An exclusive agreement implies that the brand ambassador isn’t permitted to work with other brands or competitors. Exclusivity often means more money for the ambassador. 

2.2.4. Length of collaboration

The brand ambassador contract template should include a field to specify the length of the agreement. Include a timeline to achieve specific goals in the contract if applicable.

2.2.5. Compensation 

Fees vary with brand ambassadors and what they are required to do. Exclusive deals are often higher than regular contracts where brand ambassadors can promote different brands.

2.2.6. Condition for termination

Every good deal comes to an end, but some may reach a premature conclusion. Provide conditions in your brand ambassador contract template that allows a party to walk away from the agreement. Is there a penalty for early withdrawal? Add it!

2.2.7. Non-Disclosure Agreement (NDA)

This section contains the promise of secrecy regarding the company's trade secrets, most importantly and the influencer. 

2.2.8. Terms and conditions

This section covers other information that is yet to be captured in the brand ambassador contract template. These include the payment schedule and method, currency, approval, etc.

3. How to draft your brand ambassador agreement template

If you're a freelancer with a highly-engaged following on social media, becoming an influencer or brand ambassador can be an excellent opportunity to make an extra income. Almost 70% of influencers cite earning revenue as the number one reason behind their decision.

But, becoming a brand ambassador is not a piece of cake. You have to think about a lot of factors before signing any contract with a brand. That’s where a brand ambassador agreement template comes handy.

In this article, we'll explain the benefits and critical elements of a brand ambassador agreement template so that freelancers can seamlessly start working with their favorite company.

3.1. Reasons why freelancers need a brand ambassador agreement template

There are several benefits of creating a brand ambassador agreement template for freelancers. For example:

  1. It helps you set the precise terms and guidelines of the collaboration with the company. This way, it enables you to lay expectations out transparently.
  2. It makes you look like a thorough professional, creating a positive impression on the company.
  3. It can be customized for every brand.
  4. It helps determine the course of direction in case the collaboration goes wrong.

3.2. Must-haves in a brand ambassador agreement template

Not sure what to add in your freelancing brand ambassador agreement template? Consider including the following things:

3.2.1. Exclusive rights

No brand would want you to join hands with their competitors. That’s why it is important to add a section on exclusive rights, ensuring that you aren’t simultaneously promoting their competitors.

3.2.2. Repurposing rights

Often, brands do not allow influencers to share the content that is exclusively created for them. So, clearly specify whether or not you wish to reuse content generated for the campaigns.

3.2.3. Deliverables

Discuss with the brand and outline accurate and professional guidelines for what tasks you as an influencer will have to accomplish. Also, mention what platforms you’ll be using to promote the brand, such as TV, social media, your own website, etc.

3.2.4. Timeline

Lay out the delivery dates and timeline for full transparency. Clearly mention the number of tasks and the deadline for each task. 

3.2.5. Cancel notice

Specify the rules for canceling the collaboration from either side. Use this as an opportunity to mention deal-breakers such as public disrepute, contempt, scandal, or any unethical work practices. 

3.2.6. Non-disclosure agreement (NDA)

When you work with a company, you may have access to sensitive information. That’s why many brands require influencers to sign an NDA to protect their confidentiality. 

3.2.7. Approval process

Outline in the template whether or not you are required to submit your content for approval prior to uploading.

3.2.8. Legal responsibilities

Mention who will be held liable if anything illegal happens while running the brand’s campaign.

3.2.9. Payment terms

Explain the payment terms such as the deposit required, mode of payment, as well as potential due dates.

Brand Ambassador Contract Template Example PDF
Image credits: pinimg.com

3.3. How to sign an online brand ambassador agreement template

You’ll find plenty of tools to help you sign your brand ambassador agreement template legally without both parties having to print, sign, and scan the document.

Two of these online tools are:

3.3.1. DocuSign

It’s a commonly used tool for signing all kinds of documents virtually. DocuSign is extremely easy to use and has a comparatively extended free trial. 

All you have to do is upload your brand ambassador contract template and input the fields like 'signature' and 'date.' Next, send it off via email, and the signer can sign it online for free.

3.3.2. Adobe Sign

Adobe Sign is an important member of the Adobe suite. The best part about Adobe Sign is that it can be integrated with other Adobe tools such as Acrobat. 

If you are an active user of Adobe Acrobat and find their suite of tools convenient, you may want to try out this tool when signing your brand ambassador contract template.

Seal the deal with a brand ambassador agreement template

Crafting a brand ambassador agreement template helps ensure that both parties agree to all terms in writing before launching the brand’s campaigns. 

Setting precedents and being transparent is easy and extremely beneficial for freelancers. So, don’t leave it to the wayside. 

Happy influencing!

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The simplest way to create a legally sound contract. Check out an example below

Brand Ambassador Contract Template

This Contract is between Sample Client (the "Client") and John Doe (the "Brand Ambassador").

The Contract is dated [the date both parties sign].

1. WORK AND PAYMENT.

1.1 Project. The Client is hiring the Brand Ambassador to do the following: The Brand Ambassador will assist the Client with ambassador services.

1.2 Schedule. The Brand Ambassador will begin work on August 21, 2020 and the work is ongoing. This Contract can be ended by either Client or Brand Ambassador at any time, pursuant to the terms of Section 6, Term and Termination.

1.3 Payment. The Client will pay the Brand Ambassador a rate of $85.00 (USD) per hour. Of this, the Client will pay the Brand Ambassador $800.00 (USD) before work begins.

1.4 Expenses. The Client will reimburse the Brand Ambassador's expenses. Expenses do not need to be pre-approved by the Client.

1.5 Invoices. The Brand Ambassador will invoice the Client weekly. The Client agrees to pay the amount owed within 15 days of receiving the invoice. Payment after that date will incur a late fee of 5.0% per month on the outstanding amount.

1.6 Support. The Brand Ambassador will not provide support for any deliverable once the Client accepts it, unless otherwise agreed in writing.

2. OWNERSHIP AND LICENSES.

2.1 Client Owns All Work Product. As part of this job, the Brand Ambassador is creating “work product” for the Client. To avoid confusion, work product is the finished product, as well as drafts, notes, materials, mockups, hardware, designs, inventions, patents, code, and anything else that the Brand Ambassador works on—that is, conceives, creates, designs, develops, invents, works on, or reduces to practice—as part of this project, whether before the date of this Contract or after. The Brand Ambassador hereby gives the Client this work product once the Client pays for it in full. This means the Brand Ambassador is giving the Client all of its rights, titles, and interests in and to the work product (including intellectual property rights), and the Client will be the sole owner of it. The Client can use the work product however it wants or it can decide not to use the work product at all. The Client, for example, can modify, destroy, or sell it, as it sees fit.

2.2 Brand Ambassador's Use Of Work Product. Once the Brand Ambassador gives the work product to the Client, the Brand Ambassador does not have any rights to it, except those that the Client explicitly gives the Brand Ambassador here. The Client gives the Brand Ambassador permission to use the work product as part of the Brand Ambassador's portfolio and websites, in galleries, and in other media, so long as it is to showcase the Brand Ambassador's work and not for any other purpose. The Brand Ambassador is not allowed to sell or otherwise use the work product to make money or for any other commercial use. The Client is not allowed to take back this license, even after the Contract ends.

2.3 Brand Ambassador's Help Securing Ownership. In the future, the Client may need the Brand Ambassador's help to show that the Client owns the work product or to complete the transfer. The Brand Ambassador agrees to help with that. For example, the Brand Ambassador may have to sign a patent application. The Client will pay any required expenses for this. If the Client can’t find the Brand Ambassador, the Brand Ambassador agrees that the Client can act on the Brand Ambassador's behalf to accomplish the same thing. The following language gives the Client that right: if the Client can’t find the Brand Ambassador after spending reasonable effort trying to do so, the Brand Ambassador hereby irrevocably designates and appoints the Client as the Brand Ambassador's agent and attorney-in-fact, which appointment is coupled with an interest, to act for the Brand Ambassador and on the Brand Ambassador's behalf to execute, verify, and file the required documents and to take any other legal action to accomplish the purposes of paragraph 2.1 (Client Owns All Work Product).

2.4 Brand Ambassador's IP That Is Not Work Product. During the course of this project, the Brand Ambassador might use intellectual property that the Brand Ambassador owns or has licensed from a third party, but that does not qualify as “work product.” This is called “background IP.” Possible examples of background IP are pre-existing code, type fonts, properly-licensed stock photos, and web application tools. The Brand Ambassador is not giving the Client this background IP. But, as part of the Contract, the Brand Ambassador is giving the Client a right to use and license (with the right to sublicense) the background IP to develop, market, sell, and support the Client’s products and services. The Client may use this background IP worldwide and free of charge, but it cannot transfer its rights to the background IP (except as allowed in Section 11.1 (Assignment)). The Client cannot sell or license the background IP separately from its products or services. The Brand Ambassador cannot take back this grant, and this grant does not end when the Contract is over.

2.5 Brand Ambassador's Right To Use Client IP. The Brand Ambassador may need to use the Client’s intellectual property to do its job. For example, if the Client is hiring the Brand Ambassador to build a website, the Brand Ambassador may have to use the Client’s logo. The Client agrees to let the Brand Ambassador use the Client’s intellectual property and other intellectual property that the Client controls to the extent reasonably necessary to do the Brand Ambassador's job. Beyond that, the Client is not giving the Brand Ambassador any intellectual property rights, unless specifically stated otherwise in this Contract.

3. COMPETITIVE ENGAGEMENTS. The Brand Ambassador won’t work for a competitor of the Client until this Contract ends. To avoid confusion, a competitor is any third party that develops, manufactures, promotes, sells, licenses, distributes, or provides products or services that are substantially similar to the Client’s products or services. A competitor is also a third party that plans to do any of those things. The one exception to this restriction is if the Brand Ambassador asks for permission beforehand and the Client agrees to it in writing. If the Brand Ambassador uses employees or subcontractors, the Brand Ambassador must make sure they follow the obligations in this paragraph, as well.

4. NON-SOLICITATION. Until this Contract ends, the Brand Ambassador won’t: (a) encourage Client employees or service providers to stop working for the Client; (b) encourage Client customers or clients to stop doing business with the Client; or (c) hire anyone who worked for the Client over the 12-month period before the Contract ended. The one exception is if the Brand Ambassador puts out a general ad and someone who happened to work for the Client responds. In that case, the Brand Ambassador may hire that candidate. The Brand Ambassador promises that it won’t do anything in this paragraph on behalf of itself or a third party.

5. REPRESENTATIONS.

5.1 Overview. This section contains important promises between the parties.

5.2 Authority To Sign. Each party promises to the other party that it has the authority to enter into this Contract and to perform all of its obligations under this Contract.

5.3 Brand Ambassador Has Right To Give Client Work Product. The Brand Ambassador promises that it owns the work product, that the Brand Ambassador is able to give the work product to the Client, and that no other party will claim that it owns the work product. If the Brand Ambassador uses employees or subcontractors, the Brand Ambassador also promises that these employees and subcontractors have signed contracts with the Brand Ambassador giving the Brand Ambassador any rights that the employees or subcontractors have related to the Brand Ambassador's background IP and work product.

5.4 Brand Ambassador Will Comply With Laws. The Brand Ambassador promises that the manner it does this job, its work product, and any background IP it uses comply with applicable U.S. and foreign laws and regulations.

5.5 Work Product Does Not Infringe. The Brand Ambassador promises that its work product does not and will not infringe on someone else’s intellectual property rights, that the Brand Ambassador has the right to let the Client use the background IP, and that this Contract does not and will not violate any contract that the Brand Ambassador has entered into or will enter into with someone else.

5.6 Client Will Review Work. The Client promises to review the work product, to be reasonably available to the Brand Ambassador if the Brand Ambassador has questions regarding this project, and to provide timely feedback and decisions.

5.7 Client-Supplied Material Does Not Infringe. If the Client provides the Brand Ambassador with material to incorporate into the work product, the Client promises that this material does not infringe on someone else’s intellectual property rights.

6. TERM AND TERMINATION. This Contract is ongoing, until ended by the Client or the Brand Ambassador. Either party may end this Contract for any reason by sending an email or letter to the other party, informing the recipient that the sender is ending the Contract and that the Contract will end in 7 days. The Contract officially ends once that time has passed. The party that is ending the Contract must provide notice by taking the steps explained in Section 11.4. The Brand Ambassador must immediately stop working as soon as it receives this notice, unless the notice says otherwise. The Client will pay the Brand Ambassador for the work done up until when the Contract ends and will reimburse the Brand Ambassador for any agreed-upon, non-cancellable expenses. The following sections don’t end even after the Contract ends: 2 (Ownership and Licenses); 3 (Competitive Engagements); 4 (Non-Solicitation); 5 (Representations); 8 (Confidential Information); 9 (Limitation of Liability); 10 (Indemnity); and 11 (General).

7. INDEPENDENT CONTRACTOR. The Client is hiring the Brand Ambassador as an independent contractor. The following statements accurately reflect their relationship:

- The Brand Ambassador will use its own equipment, tools, and material to do the work.- The Client will not control how the job is performed on a day-to-day basis. Rather, the Brand Ambassador is responsible for determining when, where, and how it will carry out the work.- The Client will not provide the Brand Ambassador with any training.- The Client and the Brand Ambassador do not have a partnership or employer-employee relationship.- The Brand Ambassador cannot enter into contracts, make promises, or act on behalf of the Client.- The Brand Ambassador is not entitled to the Client’s benefits (e.g., group insurance, retirement benefits, retirement plans, vacation days).- The Brand Ambassador is responsible for its own taxes.- The Client will not withhold social security and Medicare taxes or make payments for disability insurance, unemployment insurance, or workers compensation for the Brand Ambassador or any of the Brand Ambassador's employees or subcontractors.

8. CONFIDENTIAL INFORMATION.

8.1 Overview. This Contract imposes special restrictions on how the Client and the Brand Ambassador must handle confidential information. These obligations are explained in this section.

8.2 The Client’s Confidential Information. While working for the Client, the Brand Ambassador may come across, or be given, Client information that is confidential. This is information like customer lists, business strategies, research & development notes, statistics about a website, and other information that is private. The Brand Ambassador promises to treat this information as if it is the Brand Ambassador's own confidential information. The Brand Ambassador may use this information to do its job under this Contract, but not for anything else. For example, if the Client lets the Brand Ambassador use a customer list to send out a newsletter, the Brand Ambassador cannot use those email addresses for any other purpose. The one exception to this is if the Client gives the Brand Ambassador written permission to use the information for another purpose, the Brand Ambassador may use the information for that purpose, as well. When this Contract ends, the Brand Ambassador must give back or destroy all confidential information, and confirm that it has done so. The Brand Ambassador promises that it will not share confidential information with a third party, unless the Client gives the Brand Ambassador written permission first. The Brand Ambassador must continue to follow these obligations, even after the Contract ends. The Brand Ambassador's responsibilities only stop if the Brand Ambassador can show any of the following: (i) that the information was already public when the Brand Ambassador came across it; (ii) the information became public after the Brand Ambassador came across it, but not because of anything the Brand Ambassador did or didn’t do; (iii) the Brand Ambassador already knew the information when the Brand Ambassador came across it and the Brand Ambassador didn’t have any obligation to keep it secret; (iv) a third party provided the Brand Ambassador with the information without requiring that the Brand Ambassador keep it a secret; or (v) the Brand Ambassador created the information on its own, without using anything belonging to the Client.

8.3 Third-Party Confidential Information. It’s possible the Client and the Brand Ambassador each have access to confidential information that belongs to third parties. The Client and the Brand Ambassador each promise that it will not share with the other party confidential information that belongs to third parties, unless it is allowed to do so. If the Client or the Brand Ambassador is allowed to share confidential information with the other party and does so, the sharing party promises to tell the other party in writing of any special restrictions regarding that information.

9. LIMITATION OF LIABILITY. Neither party is liable for breach-of-contract damages that the breaching party could not reasonably have foreseen when it entered this Contract.

10. INDEMNITY.

10.1 Overview. This section transfers certain risks between the parties if a third party sues or goes after the Client or the Brand Ambassador or both. For example, if the Client gets sued for something that the Brand Ambassador did, then the Brand Ambassador may promise to come to the Client’s defense or to reimburse the Client for any losses.

10.2 Client Indemnity. In this Contract, the Brand Ambassador agrees to indemnify the Client (and its affiliates and its and their directors, officers, employees, and agents) from and against all liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of: (i) the work the Brand Ambassador has done under this Contract; (ii) a breach by the Brand Ambassador of its obligations under this Contract; or (iii) a breach by the Brand Ambassador of the promises it is making in Section 5 (Representations).

10.3 Brand Ambassador Indemnity. In this Contract, the Client agrees to indemnify the Brand Ambassador (and its affiliates and its and their directors, officers, employees, and agents) from and against liabilities, losses, damages, and expenses (including reasonable attorneys’ fees) related to a third-party claim or proceeding arising out of a breach by the Client of its obligations under this Contract.

11. GENERAL.

11.1 Assignment. This Contract applies only to the Client and the Brand Ambassador. The Brand Ambassador cannot assign its rights or delegate its obligations under this Contract to a third-party (other than by will or intestate), without first receiving the Client’s written permission. In contrast, the Client may assign its rights and delegate its obligations under this Contract without the Brand Ambassador's permission. This is necessary in case, for example, another Client buys out the Client or if the Client decides to sell the work product that results from this Contract.

11.2 Arbitration. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising under this Contract, a party may demand that the dispute be resolved by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules.

11.3 Modification; Waiver. To change anything in this Contract, the Client and the Brand Ambassador must agree to that change in writing and sign a document showing their contract. Neither party can waive its rights under this Contract or release the other party from its obligations under this Contract, unless the waiving party acknowledges it is doing so in writing and signs a document that says so.

11.4 Notices.

(a) Over the course of this Contract, one party may need to send a notice to the other party. For the notice to be valid, it must be in writing and delivered in one of the following ways: personal delivery, email, or certified or registered mail (postage prepaid, return receipt requested). The notice must be delivered to the party’s address listed at the end of this Contract or to another address that the party has provided in writing as an appropriate address to receive notice.

(b) The timing of when a notice is received can be very important. To avoid confusion, a valid notice is considered received as follows: (i) if delivered personally, it is considered received immediately; (ii) if delivered by email, it is considered received upon acknowledgement of receipt; (iii) if delivered by registered or certified mail (postage prepaid, return receipt requested), it is considered received upon receipt as indicated by the date on the signed receipt. If a party refuses to accept notice or if notice cannot be delivered because of a change in address for which no notice was given, then it is considered received when the notice is rejected or unable to be delivered. If the notice is received after 5:00pm on a business day at the location specified in the address for that party, or on a day that is not a business day, then the notice is considered received at 9:00am on the next business day.

11.5 Severability. This section deals with what happens if a portion of the Contract is found to be unenforceable. If that’s the case, the unenforceable portion will be changed to the minimum extent necessary to make it enforceable, unless that change is not permitted by law, in which case the portion will be disregarded. If any portion of the Contract is changed or disregarded because it is unenforceable, the rest of the Contract is still enforceable.

11.6 Signatures. The Client and the Brand Ambassador must sign this document using Bonsai’s e-signing system. These electronic signatures count as originals for all purposes.

11.7 Governing Law. The laws of the state of New York govern the rights and obligations of the Client and the Brand Ambassador under this Contract, without regard to conflict of law principles of that state.

11.8 Entire Contract. This Contract represents the parties’ final and complete understanding of this job and the subject matter discussed in this Contract. This Contract supersedes all other contracts (both written and oral) between the parties.

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