This Marketing Agreement (the “Agreement”), effective as of the date of checkout, (the “Effective Date”), is made by and between you referred to as (“Participant”), and KBBAT LLC (“Company”). For the purposes of this Agreement, Participant and Company may sometimes herein be referred to collectively as the “Parties” or individually as a “Party.” 

WHEREAS, Company has the right to represent Kevin Harrington (“KH”). 

WHEREAS, Company will create a marketing sales page and facebook advertising campaign. 

NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement and other good and valuable consideration, the receipt of which is acknowledged by the Parties, the Parties agree as follows: 

1. Duties of Company 

1.1  Company will build out a refined lead generation or product sales funnel/micro-site for the Participant. Any designed landing pages will be hosted on WordPress or similar platform.
1.2  Company will design multiple copy and creative options for the different ad campaigns on Facebook and Instagram. 
1.3 Company will host at least two Advisory phone calls with the Participant
1.4 Company will provide a testimonial quote from Kevin Harrington, to be utilized on the landing page.

2. Duties of Participant 

2.1 Participant shall supply to Company access to and information on Business for marketing purposes, as Marketing Advisor requests. Company shall also supply to the Marketing Advisor all digital assets necessary to run a campaign including but not limited to logos, graphics, videos and photos.
2.2 Participant shall open, maintain, and purchase any and all required software separately from this Agreement. This may include but is not limited to Clickfunnels, Mailchimp, Infusionsoft, Facebook, Instagram.
2.3 Participant is responsible for potential client communication, including but not limited to response to calls, answering of questions or concerns on all platforms, and maintaining of Participant’s social media beyond advertising, i.e., account setup, posting, and organic follower growth. 
2.4 Participant has the right to request changes to the website a maximum of two times and changes to the video a maximum of two times.  
2.5 Upon full payment of Fees expressed in Section 3, all elements of text, graphics, photos, contents, trademarks, or other artwork are owned by the Company. Marketing Advisor retains the right to display graphics and other web content elements as examples of work in Marketing Advisor’s portfolio.
2.6 Participant is responsible for proofreading and reviewing all work produced under this Agreement. 
2.7 Participant shall have five (5) business days to approve or provide feedback on any duties

explained in Section 1. If Company does not approve or provide feedback within 5 business

days, then Company shall have the authority to make approval decisions
3. Compensation. 

3.1 Participant shall pay to Company the amount described in the checkout section, for services in Section 1.
3.2 Company shall not deliver the Product to the Participant or run the Product on Television until Participant is paid in full. 

4. Term. 

4.1  This Agreement shall be effective until Company completes all duties outlined in Section 1 (“Term”), subject to the termination provisions provided herein. 
4.2  Company shall have the option to terminate this Agreement in the event the Participant breaches any term of this agreement, fails to timely pay any or all amounts due under this Agreement, ceases to do business, becomes subject to any government regulatory investigations, penalties or failure to comply with local, state and/or federal laws, becomes subject to a claim or lawsuit involving mismanagement, misrepresentation, fraud or engages in an activity that Company determines that will negatively affect Company’s name or brand or Participant has filed for bankruptcy, dissolution or an assignment for the benefit of creditors. In the event of the Participant’s breach of any term of this Agreement beyond any cure periods, Company shall retain all economic benefits contained in this Agreement. 
4.3 Upon Termination of this Agreement, there shall be no refunds, except as expressed in   segment 1.4. 

5. Guarantees. Company does not make any guarantee of performance or any sales figures from the performance of this Agreement and the Product. There shall be no refunds under this Agreement, except as expressed in section 1.4. 

6. Confidentiality and Indemnification. 

6.1  Indemnification. Participant, its agents or assigns, hereby agree to indemnify, defend and hold Company harmless from all losses, claims, damages, liabilities, costs or expenses, including reasonable attorney’s fees, joint and several (herein collectively “Claims”), arising from the performance of this Agreement, whether or not Company is party to such dispute. Company shall indemnify and hold Participant, its affiliates, officers, employees and agents harmless from and against all Claims arising from its performance hereunder, which have given rise to such liability. Pending any final determination of liability hereunder, the indemnification and reimbursement provision of this Agreement shall apply to each of the Parties and each shall perform its obligation hereunder to defend and reimburse the other for its expenses. 
6.2  Warranty. Participant warrants that it will remain in compliance with all federal, state and local laws, regulations, and ordinances as it relates to marketing and distribution and as provided in this agreement. Further, Participant shall provide immediate notice to Company if Participant receives any notice of any claim or actions regarding the above. Participant further warrants that it shall fund all approved purchase orders and growth initiatives. 

7. GENERAL TERMS 

7.1. Independent Contractor. Company and Participant hereby acknowledges that Company is an independent contractor. Company shall not hold itself out, as, nor shall it take any action from which others might infer that it is agent of or a joint venture of Participant. 

7.2. Partial Invalidity. If any part of this Agreement shall be determined by a court or mediator to be invalid, the remainder hereof shall be construed as if the invalid portion has been omitted. 
7.3. Assignment. None of the Parties shall assign this Agreement without the written consent of the other Parties.
7.4. Waiver. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the Party making the waiver. 
7.5. Dispute Resolution. The Parties shall attempt to resolve any dispute arising out of or relating to this Agreement through amicable negotiations amongst the parties. If the matter is not resolved by negotiation, the Parties shall resolve the dispute using the procedures noted in Section 8.6 
7.6. Mediation and Arbitration. Any controversy or dispute arising out of or relating to this Agreement shall be submitted to
mediation in accordance with any statutory rules in the state of Florida. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction within the state of Florida. 
7.7. Choice of Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 
7.8. Miscellaneous. This Agreement sets forth the entire understanding of the Parties relating to the subject matter hereof and supersedes and cancels any prior communications, under standings and agreements between the Parties. This Agreement is non-exclusive and cannot be modified or changed, nor can any of its provisions be waived, except by written agreement signed by all Parties. In the event of any dispute as to the terms of this Agreement, the prevailing Party in any litigation shall be entitled to recover its reasonable attorney’s fees and costs.