Maxie Taxie Marketing Campaign Driver Partnership Agreement
This Partnership Agreement (“Agreement”) is entered into this ______ day of __________, year ________, by and between:
Maxie Taxie , a company duly incorporated and existing under the laws of Kenya, with its principal office located at ( location (“Maxie Taxie”), and [car owner’s Name], an individual residing at [owners Address] (“Car owner ”).
Together, the parties may be referred to individually as “Party” and collectively as the “Parties.”
RECITALS
WHEREAS, Maxie Taxie is a ride-hailing company seeking to promote its services through a vehicle branding and marketing campaign in Kenya; and WHEREAS, the Driver desires to participate in the Maxie Taxie Marketing Campaign by operating their vehicle in compliance with the terms and conditions set forth herein, in exchange of monetary payment from Maxie Taxie.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth below, the Parties agree as follows:
1. AGREEMENT OF VEHICLE PARTICIPATION
1.1 Vehicle Eligibility
The Driver agrees to allow Maxie Taxie to brand their vehicle with the Company’s logo, decals, and other promotional materials at no cost to the Driver. The Driver’s vehicle must be in good working condition and free from any exterior damage. Prior to branding, the vehicle will be inspected by Maxie Taxie to confirm it meets the Company’s standards.
1.2 Branding Maintenance
The Driver agrees to maintain the integrity of the branding throughout the term of this Agreement. The Driver will be responsible for repairing any damage to the branding or decals at their own cost. Failure to restore or replace damaged branding within a reasonable timeframe may result in termination of this Agreement.
2. DRIVER’S RESPONSIBILITIES
2.1 Operational Hours
The Driver agrees to operate their branded vehicle for a minimum of 15 hours per week in areas of high traffic, including but not limited to busy streets, intersections, commercial centers, and locations with a high concentration of taxie users.
2.2 Vehicle Monitoring and Compliance
Maxie Taxie reserves the right to monitor the Driver’s vehicle to ensure that the operational hours and route requirements are being met. This will include GPS tracking to verify the vehicle is being used in the agreed-upon areas. The Driver must remain actively engaged on the roads, and idle parking will not be tolerated.
2.3 Branding Integrity
The Driver agrees to inspect the vehicle regularly to ensure that the branding is intact. Any issues with the branding (such as peeling or damage) must be reported to Maxie Taxie immediately. The Driver is responsible for any repairs needed and must restore branding within two (2) weeks.
3. MAXIE TAXIE ’S RESPONSIBILITIES
3.1 Vehicle Branding
Maxie Taxie agrees to cover the full cost of vehicle branding, which will include decals, logos, and other promotional materials necessary to advertise the Maxie Taxie brand. Maxie Taxie will arrange for the professional application of these materials to the vehicle.
3.2 Payment for Participation
Maxie Taxie agrees to pay the Driver a fixed monthly amount of fifty dollars (USD 50) for their participation in the marketing campaign, subject to the Driver’s compliance with the operational and branding requirements outlined in this Agreement. Payments will be made at the end of each calendar month, provided all terms of the Agreement are met.
3.3 Regular Inspections
Maxie Taxie agrees to conduct regular inspections of the branded vehicle to verify the condition of the branding and the overall performance of the Driver. These inspections will be conducted randomly and without prior notice.
4. PAYMENT AND TERM
4.1 Payment Terms
The Driver will be paid a fixed amount of fifty dollars (USD 50) each month for participating in the Maxie Taxie Marketing Campaign. The payment is contingent on the Driver meeting all requirements outlined in this Agreement, including maintaining the vehicle in good condition, adhering to the required operational hours, and preserving the vehicle branding.
4.2 Non-Compliance
Failure by the Driver to meet the operational hours, maintain the vehicle branding, or comply with the terms of this Agreement may result in a reduction or complete withholding of payment for the respective month. Repeated failure to meet the conditions may result in termination of this Agreement.
5. VEHICLE INSPECTIONS AND REPAIR OBLIGATIONS
5.1 Vehicle Inspections
Maxie Taxie reserves the right to conduct inspections of the Driver’s vehicle to verify that the vehicle is in good working condition and that the branding remains intact. Inspections will take place randomly and can occur at any time during the term of this Agreement.
5.2 Repairs and Maintenance
If the vehicle is found to be in poor condition or if the branding has been damaged, the Driver agrees to make the necessary repairs or replacement within two (2) weeks of notification from Maxie Taxie . If the vehicle fails to pass inspection or the branding is not restored in a timely manner, Maxie Taxie reserves the right to terminate this Agreement.
6. DRIVER’S INFORMATION
6.1 Driver’s Information Requirement
The Driver agrees to provide the following personal information to Maxie Taxie prior to entering into this Agreement:
- Full name of the car owner .
- Home address and contact information.
- Vehicle registration number and plate number.
- Primary phone number and secondary contact number.
- Distance covered by the vehicle from home to primary operating areas.
This information will be used to monitor and communicate with the Driver regarding the terms of this Agreement.
7. TERM AND TERMINATION
7.1 Agreement Term
This Agreement shall commence on the date of signing and shall remain in effect for an initial term of one (1) year, unless terminated earlier in accordance with the terms outlined herein.
7.2 Termination by Maxie Taxie
Maxie Taxie may terminate this Agreement immediately and without prior notice if the Driver fails to comply with any of the operational or branding requirements outlined in this Agreement. The Driver will forfeit all payments for the month during which termination occurs.
7.3 Termination by Driver
The Driver may terminate this Agreement at any time with thirty (30) days written notice to Maxie Taxie . Upon termination, all outstanding payments will be processed, provided the terms of the Agreement have been met.
7.4 Termination for Vehicle Failure
If the Driver’s vehicle is unable to be repaired within the two-week period following inspection, Maxie Taxie reserves the right to terminate the Agreement.
8. GOVERNING LAW AND DISPUTE RESOLUTION
8.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya, specifically in alignment with the Kenyan Constitution (2010), the Contract Law (Cap 23), and other applicable laws of Kenya. Any legal dispute or claim arising from this Agreement will be resolved under Kenyan jurisdiction
8.2 Dispute Resolution
In case of any disputes arising from this Agreement, the Parties agree to seek resolution through alternative dispute resolution (ADR) mechanisms, such as mediation or arbitration, before resorting to litigation. Any arbitration will take place in Nairobi, Kenya, under the rules of the Kenya Arbitration Act, 1995.
8.3 Legal Compliance
Both Parties agree to comply with all applicable laws and regulations of Kenya, including those relating to taxation, traffic laws, and any other regulatory requirements governing vehicle operations in the country.
9. GENERAL TERMS
9.1 Amendment
This Agreement may only be amended or modified by a written document executed by both Parties.
9.2 Indemnification
The Driver agrees to indemnify and hold Maxie Taxie harmless from any and all claims, liabilities, or damages arising out of the Driver’s failure to comply with the terms and conditions set forth in this Agreement. This includes, but is not limited to, any third-party claims related to the Driver’s negligence, accidents, or violations of Kenyan traffic laws.
9.3 Entire Agreement
This Agreement represents the entire understanding between the Parties and supersedes all prior discussions or agreements relating to the subject matter of this Agreement.
9.4 Force Majeure
Neither Party shall be liable for failure to perform their obligations under this Agreement due to causes beyond their reasonable control, including but not limited to acts of nature, strikes, pandemics, or governmental actions.
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