Shared Multimedia & Collaboration Agreement
First off, I’m really excited to collaborate with you!
If you’re reading this, we’ve already spoken in person and outlined how we’ll both benefit from our collaboration. So if you still have some questions about how it’ll all work, here’s the Multimedia & Promotional Services Collaborations section of my standard Services Agreement that I have with every new Customer or Collaborator (below).
That Agreement is primarily geared towards commercial production and licensing so rather than bore you with wading through that full document, I extracted just the part that pertains to our Collaboration. We can discuss further if you’d like or I can go ahead and draft up a specific Services / Collaboration Agreement for our work together.
But in summary, we’re agreeing to refer business to one another for a specific percentage of the gross sale. Super simple. I provide all media to my collaborators totally free to use on their sites & socials because it’s my good-faith gesture to show you that I’m invested in both of our benefit with no fine print or strings attached…
MULTIMEDIA & PROMOTIONAL SERVICES COLLABORATIONS
Multimedia & Promotional Services Collaborations may take several forms, either provided to Customer / Collaborator / Legal Entity by Dan Smarg Photography or rendered by the aforementioned to Dan Smarg Photography in another form. Collaborations and Promotions may also include, but are not not limited to, Multimedia Production, on-site live or digital Service such as a “Live Experience,” Photography Tour / Photo Shoot, Master Class Instructional, Real Estate Promotion etc.
“In-Good-Faith” Reciprocity: Both parties hereby agree to act in each others’ benefit for the financial gain and promotion of each others’ separate business entity. Therefore, for the purposes of this Services Agreement, Dan Smarg Photography will conduct business professionally and to its full capability “in-good-faith” with any and all Collaborators as if they are Direct-Booking (paying) Customers or Legal Entities. Likewise, Customer, Collaborator or Legal Entity agrees to do the same.
In each individual case of Collaboration or direct referral for services, Total Collaboration Commission Fee(s) shall be determined verbally then, clearly outlined within this Services Agreement prior to engaging into in any active or ongoing Collaboration for Commission Fees. These Collaboration Fees will be a part of the this overall “Services Agreement” with a few specific stipulations:
Multimedia or Direct Referral “Services Rendered:” For the benefit of the voluntary Collaboration of both parties within the terms of this Agreement, any and all Multimedia or Direct-Referrals that result in monetary gain of any shape or form, via direct payment or otherwise, are hereby considered to be “Services Rendered” to the other party. Therefore, both parties agree to fairly and fully compensate each other via “Commission Fee” (stated above based on a nominal percentage value of the total Services Rendered). These services include Multimedia Services or “Short-Term Rental Services” or any other form of promotional or “booking” based services.
Defined Direct-Referral Services Rendered: If either party “refers business” either directly via verbal, phone or digital means to the other party and that referral results in monetary gain, the beneficiary of that income hereby agrees to fairly and fully compensate the referring party according to the terms of the this Agreement.
Defined Direct-Booking Services Rendered: During the course of an ongoing Collaboration, Customer, Collaborator or Legal Entity may determine it wants Dan Smarg Photography to perform specific Multimedia Content Production Services. Those services and multimedia shall be provided under a separate Services Agreement that clealry stipulates the terms of that separate Agreement. Under no circumstances will either party imply or otherwise “Engage” the services of the other without first entering into a Direct-Booking Services Agreement.
Free-Market | Third-Party Referral Origin: Some referrals generated or procured by either party may originate from a third-party legal entity or individual. Both parties hereby represent that they themselves are fully independent legal business entities and are within their rights to operate as autonomous businesses. Therefore, any referral that may or may not “come from” a third-party source is not attributable nor credited to that source. This Agreement is solely between the signatories of this digital document and does not imply or involve any third-party affiliation regardless of origin or incorporation status. Both parties further acknowledge that they do not represent a third-party entity that is not listed or signed in this Agreement. All referrals and business conducted between parties in this Agreement is 100% voluntary within the laws of the United States’ free-market economy.
Voluntary Collaboration for “Financial Gain:” Both parties voluntarily agree to financially gain from the direct-referrals or direct-bookings that result in accordance with the terms set forth in this Agreement. It is neither implied nor granted that either party shall “unilaterally benefit” from the active promotional efforts of the other party; specifically that both parties shall benefit “equally” in an ongoing, good-faith capacity for the full term of this Agreement.
Commissions to be Paid to Customer, Collaborator, Legal Business Entity: For all “Collaborative Referrals & Services” rendered, legal “consideration” to validate this Agreement in the form of monetary or multimedia compensation (or combination thereof) must be provided and submitted according to the timelines in this Agreement. Unless specifically waived or forfeited, all forms of compensation must fully documented: Any ACH Bank Transaction or Third-Party Transfer (Paypal, Venmo, Zelle etc) or cash/check payment must be sufficiently invoiced and considered as “Business Income” for both parties’ financial records and tax statements.
If Customer, Collaborator, Legal Business Entity facilitates or directly enables Multimedia Production Services, Live Media-based “Experiences,” or any other kind of Services such as services involving multimedia production for proprietary, commercial or professional promotion, physical product placements or advertisement with Social Media Influencers, local businesses etc. as a result of efforts made to specifically drive sales to Dan Smarg Photography, it is hereby agreed upon that Commission Fees will be paid by Dan Smarg Photography to Customer, Collaborator, Legal Business Entity in good faith.
Commissions to be paid to Dan Smarg Photography: For all “Collaborative Referrals & Services” rendered, legal “consideration” to validate this Agreement in the form of monetary or multimedia compensation (or combination thereof) must be provided and submitted according to the timelines in this Agreement. Unless specifically waived or forfeited, all forms of compensation must fully documented: Any ACH Bank Transaction or Third-Party Transfer (Paypal, Venmo, Zelle etc) or cash/check payment must be sufficiently invoiced and considered as “Business Income” for both parties’ financial records and tax statements.
If Dan Smarg Photography facilitates or directly enables Multimedia Production Services, Live Media-based “Experiences,” or any other kind of Services such as location or business promotion, short-terms rentals, product placements with Social Media Influencers, local businesses etc. as a result of efforts made to specifically drive sales to Customer’s, Collaborator’s, Legal Entity’s Business, it is hereby agreed upon that Commission Fees will be paid by Customer, Collaborator, Legal Business Entity to Dan Smarg Photography in good faith.
Payment on a “Per-Case” / Individual Collaboration Date Basis: Although all “Collaborations” are ongoing until voluntarily terminated by either party, both parties agree to compensate one another accordingly on a case-by-case basis. Specifically, for each date Services are rendered by either party, both parties agree to issue invoices to be paid.
Invoices & Financial Records: As such, both parties agree to keep and provide detailed Invoices and Financial Records for all Services Rendered or Direct-Referrals made. The beneficiary/recipient/Payee of each Commission shall submit an invoice to the Initiating Party for approval. Upon approval, payment (Commission) shall be rendered.
Payment Terms: Commission Payments shall be submitted and paid by both parties in a “timely basis,” but no longer than ten (10) business days after Invoice is jointly approved. If, for any reason, both parties do not jointly approve the submitted invoice, each party agrees to correct or rectify any discrepancy with the utmost expediency so that the invoice can be paid within the initial ten-day payment period. If more time is needed, both parties agree to expedite the documentation and payment process by all means necessary to ensure the most timely payment reasonably possible.
Payment Defaults: Collaborations are jointly agreed-upon by both parties. Therefore, Payment Defaults should not occur because both parties agree to operate in a professional capacity to actively promote the ongoing business operations or services of the collaborator. However, should a Payment Default (aka “NON-payment”) occur, this Services (Collaboration) Agreement is subject to immediate termination and Legal reprisal for “Services Rendered” in the State of Montana.
No Guarantee of Services or Commissions Leads: It is understood by both parties that neither Services nor Commissions are implied nor guaranteed under the terms of this Agreement. All efforts will be made, however both parties agree that all referrals for the procurement of business opportunities, “qualified leads”, sales calls, correspondence, etc are all entirely based on this voluntary engagement - they are neither required in volume nor specific timeline. Neither Dan Smarg Photography nor Customer, Collaborator, Legal Business Entity may expect or request any direct-referrals or commissions fees for any other purposes aside from mutually documented sales secured by both parties.
Lead Generation & Notice In-Writing: In good faith, both parties agree to properly notify each other when a sales lead or Direct-Referral is generated and when a sale is secured as a result of that notification.
Financial Records & Bookkeeping: Both parties agree to operate under separate (NON-joint) entity status. Both are responsible for securing and recording all necessary financial documentation or third-party services for their own businesses. However, for legal and tax records, both parties also agree to share all bookkeeping spreadsheets or files at least thirty (30) days prior to any quarterly or annual tax filing deadlines. In good faith, each party will submit those documents or spreadsheets to the other party on a voluntary basis without the need for prior request. Upon request, both parties agree to furnish any documentation as soon as possible to facilitate the Collaborator’s financial filing requirements.
Tax Form 1099-NEC: Due to the independent, voluntary nature of Multimedia Collaborations and the variable amounts paid by either party for Services rendered or Direct-Referrals, both parties agree to provide a completed Form 1099-NEC for “Non-Employee” (aka Subcontractor) compensation for any and all amounts exceeding $600 per annum. Both Parties are responsible for properly documenting and filing their own business State and Federal Tax Forms on a timely basis.
Multimedia Content Collaboration & Authorship: Both parties to this Agreement agree to openly and actively collaborate in making Multimedia Content beneficial to both parties, businesses - referred to in this Agreement collectively as "the Work." Both parties shall also fully and completely cooperate with regard to the promotion and exploitation of the Work and all ancillary, subsidiary, related and allied rights (the "Ancillary Rights")
Exclusive Multimedia Rights: As the original creator entity of the the Multimedia Content, Dan Smarg Photography shall retain 100% Exclusive Multimedia Rights In-Perpetuity unless otherwise released or fully or partially licensed to a Third-Party Entity of his/its choosing. In good faith for the ongoing benefit of promoting both parties’ business interests, sales leads etc, Dan Smarg Photography hereby grants Customer, Collaborator, Legal Entity the right to use any and all Multimedia provided at its discretion for as long as this Agreement remains valid. If Dan Smarg Photography determines that the Customer, Collaborator or Legal Entity is commercially profiting beyond the “reasonable” expectations of this Collaboration Agreement, it may terminate this Agreement at any time and immediately request the Customer, Collaborator, Legal Entity to purchase ongoing commercial-use rights as determined by its Standard Commercial-Use Rights Agreement or to cease featuring any and all Multimedia on all platforms, digital, print or social media. “Reasonable Expectations” for commercial profit are hereby defined as an “In-Good-Faith” volume with the knowledge that Dan Smarg Photography only secures payment by the rendering, production or licensing of its services and multimedia content while the Customer, Collaborator or Legal Entity may potentially use said Multimedia to unilaterally benefit without reciprocity. In addition, it is also mutually acknowledged that Dan Smarg Photography normally charges Customers / Businesses in an ongoing monthly capacity for the limited commercial use of all Multimedia Content produced under this Service Agreement. However, within this “Collaboration” clause, said commercial-use licensing is temporarily waived as a courtesy for all media provided “free-of-charge” to the Customer, Collaborator, Legal Entity. This gesture is in good faith for the joint benefit of the parties named and solely of its own revokable volition. Furthermore, Customer, Collaborator or Legal Entity may not “demand” the use of any multimedia content produced on, in or around their place of business. Dan Smarg Photography will, in-good-faith, provide all multimedia on an ad-hoc, voluntary basis. As a result, under the specific terms set forth within the context of this “Multimedia & Promotional Services Collaborations” Clause, both parties are freely authorized to “use” the multimedia created or submitted by Dan Smarg Photography for commercial or promotional purposes such that said use shall result in further ongoing direct-referrals or direct-bookings (financial gain) for both parties.
Property & Appearance Releases: As further stipulated under the later terms outlined in this Agreement, Customer, Collaborator, Legal Entity agrees to adhere to all standard terms outlined in the Property & Appearance Releases required of all Customers - paying or otherwise “Collaborating.” Any and all Appearance or Property Releases submitted by Customer, Collaborator or Legal Entity are hereby considered to be an irrevocably intrinsic facet of this Agreement.
Third-Party Licensing Notifications: Each party agrees to keep the other fully apprised of all matters regarding the exploitation of the Multimedia Work and the Ancillary Rights issuance/usage, including but not limited to, offers, negotiations, and communications from interested third parties regarding the purchase, license or “lease” of production rights in the Multimedia Work. As Exclusive Rights Holder of all Multimedia, Dan Smarg Photography agrees to provide consideration to Customer, Collaborator, Legal Entity should such consideration result in significant financial gain. In layman’s terms, Dan Smarg Photography isn’t going to license media created on-location to Coke to use in their next national ad campaign with no monetary compensation to the property owner!
Party Responsibilities: Both parties shall perform and fulfill, promptly, actively and on-time, all of its obligations under the Agreement. Each party will contribute to the efficient flow of information and access to relevant data according to the agreed access rights and confidentiality to ensure the efficient execution of this Agreement. Each part shall inform other parties in the project of relevant communications it receives from third parties in relation to the project.
Term & Termination of “Multimedia & Service Collaborations: This Agreement shall come into force as of the date of its signature by the parties. This Agreement will remain in effect throughout the term of the copyright and any extensions of the copyright in the Multimedia Work. If either Party wishes to terminate this Agreement, they must do so and receive a counter-signed intent-to-terminate acknowledgement from the other party prior to final termination. If either party dies during the term of this Agreement, the surviving party will have the exclusive right to act in all respects as though the survivor were the sole author; provided, however, that the name of the deceased party will continue to appear in all credits as specified in the section of this Agreement entitled "Authorship Credit," and the decedent's estate will be entitled to receive all monies and documents that the decedent, had the decedent lived, would have been entitled to receive under this Agreement.
Miscellaneous Defaults: Any default by either party under this Agreement, including but not limited to, a breach of obligations and covenants, a failure to accord or adhere to processing, publishing or other schedules, a failure to exploit, unauthorized exploitation, or an unauthorized assignment or sublicense ("Event of Default"), shall give the non-breaching party the right to demand in writing that the breaching party cure the Event of Default within ten (10) working days, after which time the NON-breaching party shall have the right to immediately terminate this Agreement if such default is not cured. If a breach occurs after acceptance of the final draft of the manuscript for the Work or after the licensing of an Ancillary Right in which the copyright is co-owned, the breaching party shall nonetheless fulfill his or her obligations outlined within this Agreement.