Advertising Agreement
Querist :
Anonymous
(Querist) 03 February 2011
This query is : Open
Dear All,
Trust you are well. Recently we are going to enter into an agreement with one company. That company will provide us the advertise services for advertising our consumer goods products. Now I have inserted a clause
“The agency agrees to defend, indemnify and keep the client indemnified and harmless at all times during the tenure of the agreement from and against any and all claims, actions, proceedings, enquiries, demands, damages, assertions of liability whether civil, criminal(including any cost, expenses, loss, damages and/or consequences thereof) arising out of and pertaining to and/or resulting from any breach or non compliance by the agency of all and/or any terms and conditions of the agreement and with any law/rules/regulations which are in effect and/or any amendment thereof in course of discharge of its obligations, performance/non performance of all or any of the services as per this agreement. The effect of this clause shall survive despite the termination of this agreement.”
But my top they have convinced my top bosses that this clause are irrelevant and my bosses also want to delete it. Is it really irrelevant? Kindly advise me what are the main law by which this agreement will be surrounded. That if Information Technology Act etc. so that I can persuade them.