Terms and Contitions (Marketing Agreement)
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BCS COMMUNICATIONS: TERMS AND CONDITIONS
The following Terms and Conditions constitute part of the letter agreement (the “Letter Agreement”) by and between Blasdel Cleaver Schwalbe Communications, LLC, a Missouri limited liability company (“BCS”) and Ozark Ethanol, LLC (“Client”). Together, the Letter Agreement and the Terms and Conditions shall hereinafter be referred to as the “Agreement”.
1. Work Scope. BCS shall render services on a non-exclusive basis to Client and shall be responsible for the agreed upon tasks and duties. BCS shall obtain Client’s prior consent prior to executing each of such services, and prior to disseminating any items concerning the Client or presenting such items for publication. Any and all creations, works, projects, products and resultant work product (herein, the “Works”) performed by or for BCS under this Agreement shall be and hereby is assigned to Client. The parties also agree that all rights, title, and interests in and to such property shall be exclusively owned by Client or its assignee(s). Notwithstanding anything in this Agreement to the contrary, BCS shall have the right to utilize the Works in connection with promotional and client-development activities related to its business. Further, Client acknowledges and understands that any and all stock photography utilized by BCS in the Works shall remain the sole and absolute property of BCS; provided, however, that Client shall have a royalty-free, non-exclusive license to utilize any Works developed under this Agreement which utilize stock photography.
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