4.6. SR 06-03-2019 - Laserfiche WebLink

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AGREEMENT 2017-35 SALES AND MARKETING AGREEMENT — City of Elk River This Agreement ("Agreement") is made effective as of December 1, 2017, by City of Elk River, 13065 Orono Parkway, Elk River, MN 55330, Blaze Advertising, 18170 Hudson Ln NW Elk River, Minnesota 55330. Furthermore, the party who is contracting to receive services, City of Elk River shall be referred to as "Client," and the party who will be providing the services, Blaze Advertising, shall be referred to as "Consultant." Consultant has a background in sales and marketing development and management and is willing to provide services to Client based on this background. Client remains responsible for all ramifications resulting from Client approved projects. Client desires to exclusive sales and creative rights of identified properties assigned to Consultant, as described in Section 1 below, provided by Consultant. Therefore, the parties agree as follows: 1. DESCIPTION OF SERVICES. Beginning on December 1, 2017, Consultant will be granted exclusive sales and creative rights to all space on and within all Client owned athletic fields, facilities, and associated properties as outline in Appendix A; with exception of Client owned ice arenas, which shall be non-exclusive. Consultant is solely responsible for the development of programs and mediums, installation of mediums, pricing structures, advertiser contracts, vendor contracts, third party seller agreements, and the management thereof. 2. APPROVAL OF ADVERTISING. Client shall approve or deny any marketing content proposed by Consultant within 5 business days of formal submittal of proof. Should any proposed content by denied, Client shall provide Consultant with reasoning for their decision and any potential remedies to obtain approval. 3. PERFORMANCE OF SERVICES. The manner in which the Services are to be performed and the specific hours to be worked by Consultant shall be determined by Consultant. Client will rely on Consultant to work as many hours as may be reasonably necessary to fulfill Consultant's obligations under this Agreement. 4. OUTCOME OF APPLICATION. Consultant makes no guarantee as to the success and or revenues generated by this contract. S. PAYMENT. Consultant shall pay Client an amount equal to fifty-seven percent (57%) of ad and sponsorship space revenues. Consultant is responsible for the production, design, and material associated with installation of medium. Client shall not be entitled to any materials or design cost revenue. Payment shall be made monthly to Client based on previous month's applicable revenues collected. Consultant shall provide Client a detailed summary of revenues generated along with all payments.