[{"data":1,"prerenderedAt":521},["ShallowReactive",2],{"document-marketing-agreement-D12796":3},{"document":4,"label":21,"preview":11,"thumb":22,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":23,"breadcrumb":27,"related":33,"customDescModule":171,"customdescription":6,"mdFm":172,"mdProseHtml":520},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":16,"keywords":15},"MARKETING AGREEMENT This Marketing Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [MARKETERS NAME] (the \"Consultant\"), an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] In the event of a conflict in the provisions of any attachments hereto and the provisions set forth in this Agreement, the provisions of such attachments shall govern. In consideration of the foregoing and of the mutual promises set forth herein, and intending to be legally bound, the parties hereto agree as follows: RECITALS The Marketer has expertise in the area of the Company's business and is willing to provide marketing services to the Company. The Company is willing to engage Consultant as an independent contractor, and not as an employee, on the terms and conditions set forth herein. The Company desires to obtain the marketing services of Consultant by means of services provided by Consultant's employees dispatched by Consultant to provide marketing services to Company hereunder (\"Agents\"), on its own behalf and on behalf of all existing and future Affiliated Companies (defined as any corporation or other business entity or entities that directly or indirectly controls, is controlled by, or is under common control with the Company), and Consultant desires to provide marketing and consulting services to the Company upon the following terms and conditions. The Company has spent significant time, effort, and money to develop certain Proprietary Information (as defined below), which the Company considers vital to its business and goodwill. The Proprietary Information will necessarily be communicated to or acquired by Consultant and its Agents while providing marketing and consulting services to the Company, and the Company desires to obtain the services of Consultant, only if, in doing so, it can protect its Proprietary Information and goodwill. SERVICES The Marketer agrees to perform for Company the services listed in the Scope of Services section in Exhibit A, attached hereto, and executed by both Company and Consultant. Such services are hereinafter referred to as \"Services.\" Company agrees that consultant shall have ready access to Company's staff and resources as necessary to perform the Consultant's marketing services provided for by this contract. MARKETING AND CONSULTING PERIOD Basic Term The Company hereby retains the Consultant and Consultant agrees to render to the Company those services described in Exhibit A for the period (the \"Consulting Period\") commencing on the date of this Agreement and ending upon the earlier of (i) [APPLICABLE DATE], (the \"Term Date\"), and (ii) the date the Consulting Period is terminated in accordance with Section 7. The Company shall pay the Consultant the compensation to which it is entitled under Section 5 through the end of the Consulting Period, and, thereafter, the Company's obligations hereunder shall end. Renewal Subject to Section 7, the Consulting Period will be automatically renewed for an additional [AGREED UPON NUMBER OF MONTHS] month period (without any action by either party) on the Term Date and on each anniversary thereof, unless one party gives to the other written notice [NUMBER] days in advance of the beginning of any [AGREED UPON NUMBER OF MONTHS] month renewal period that the Consulting Period is to be terminated, provided, that in no event shall the Consulting Period extend beyond [DEADLINE DATE]. Either party's right to terminate the Consulting Period, instead of renewing the Agreement, shall be with or without cause. DUTIES AND RESPONSIBILITIES The Marketer hereby agrees to provide and perform for the Company those services set forth on Exhibit A attached hereto. Consultant shall devote its best efforts to the performance of the services and to such other services as may be reasonably requested by the Company and hereby agrees to devote, unless otherwise requested in writing by the Company, (a minimum of at least [AGREED UPON NUMBER OF HOURS] hours of service per week/or assign [AGREED UPON NUMBER OF INDIVIDUALS] individuals to provide services to the Company). The Marketer shall use its best efforts to furnish competent Agents possessing a sufficient working knowledge of the Company's research, development and products to fulfill Consultant's obligations hereunder. Any Agent of Consultant who, in the sole opinion of the Company, is unable to adequately perform any services hereunder shall be replaced by Consultant within [AGREED UPON NUMBER OF DAYS] days after receipt of notice from the Company of its desire to have such Agent replaced. The Marketer shall use its best efforts to comply with, and to ensure that each of its Agents comply with, all policies and practices regarding the use of facilities at which services are to be perform hereunder. Consultant agrees and shall cause each of its Agents to agree to the Acknowledgement and Inventions Assignment attached hereto as Exhibit B, and Consultant shall deliver a signed original of such Acknowledgement and Inventions Assignment to Company prior to such Agent's commencement of the provision of services for the Company. The Marketer shall obtain for the benefit of the Company, as an intended third-party beneficiary thereof, prior to the performance of any services hereunder by any of the Agents, the written agreement of Agent to be bound by terms no less restrictive than the terms of Sections 2, 5, 6, and 7 of this Agreement. Personnel supplied by Consultant to provide services to Company under this Agreement will be deemed Consultant's employees or agents and will not for any purpose be considered employees or agents of Company. The Marketer assumes full responsibility for the actions of such personnel while performing services pursuant to this Agreement, and shall be solely responsible for their supervision, daily direction and control, provision of employment benefits (if any) and payment of salary (including all required withholding of taxes). COMPENSATION, BENEFITS AND EXPENSES Compensation In consideration of the services to be rendered hereunder, including, without limitation, services to any Affiliated Company, Marketer shall be paid [AMOUNT], payable at the time and pursuant to the procedures regularly established, and as they may be amended, by the Company during the course of this Agreement. Benefits Other than the compensation specified in this 5.1, neither Consultant nor its Agents shall be entitled to any direct or indirect compensation for services performed hereunder. Expenses The Company shall reimburse Consultant for reasonable travel and other business expenses incurred by its Agents in the performance of the duties hereunder in accordance with the Company's general policies, as they may be amended from time to time during the course of this Agreement. INVOICING Company shall pay the amounts agreed to herein upon receipt of invoices which shall be sent by Consultant, and Company shall pay the amount of such invoices to Consultant. TERMINATION OF CONSULTING RELATIONSHIP By the Company or the Marketing Consultant At any time, either the Company or the Consultant may terminate, without liability, the Consulting Period for any reason, with or without cause, by giving [AGREED UPON NUMBER OF DAYS] days advance written notice to the other party. If the Consultant terminates its consulting relationship with the Company pursuant to Sections 2, 3 and 4, the Company shall have the option, in its complete discretion, to terminate Consultant immediately without the running of any notice period",null,"Marketing Agreement","12",513,"doc","https://templates.business-in-a-box.com/imgs/1000px/marketing-agreement-D12796.png","https://templates.business-in-a-box.com/imgs/250px/12796.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12796.xml",{"title":15,"description":6},"marketing agreement",[17,20],{"label":18,"url":19},"Legal Agreements","/templates/business-legal-agreements/",{"label":18,"url":19},"Marketing Agreement Template","https://templates.business-in-a-box.com/imgs/400px/12796.png",[24,17,20],{"label":25,"url":26},"Templates","/templates/",[28,29,30],{"label":25,"url":26},{"label":18,"url":19},{"label":31,"url":32},"Services & Consulting","/templates/services-and-consulting/",[34,38,42,46,50,54,58,62,66,70,74,78,82,97,112,124,139,154],{"label":35,"url":36,"thumb":37,"extension":10},"Affiliate Marketing Agreement","/template/affiliate-marketing-agreement-D12787","https://templates.business-in-a-box.com/imgs/250px/12787.png",{"label":39,"url":40,"thumb":41,"extension":10},"Influencer Marketing Agreement","/template/influencer-marketing-agreement-D12851","https://templates.business-in-a-box.com/imgs/250px/12851.png",{"label":43,"url":44,"thumb":45,"extension":10},"Merchandising and Marketing Agreement","/template/merchandising-and-marketing-agreement-D1247","https://templates.business-in-a-box.com/imgs/250px/1247.png",{"label":47,"url":48,"thumb":49,"extension":10},"Marketing Agency Agreement","/template/marketing-agency-agreement-D12852","https://templates.business-in-a-box.com/imgs/250px/12852.png",{"label":51,"url":52,"thumb":53,"extension":10},"Marketing Consulting Agreement","/template/marketing-consulting-agreement-D14009","https://templates.business-in-a-box.com/imgs/250px/14009.png",{"label":55,"url":56,"thumb":57,"extension":10},"Social Media Marketing Agency Agreement","/template/social-media-marketing-agency-agreement-D14058","https://templates.business-in-a-box.com/imgs/250px/14058.png",{"label":59,"url":60,"thumb":61,"extension":10},"Sales and Marketing Policy","/template/sales-and-marketing-policy-D13770","https://templates.business-in-a-box.com/imgs/250px/13770.png",{"label":63,"url":64,"thumb":65,"extension":10},"Dealership Agreement","/template/dealership-agreement-D1238","https://templates.business-in-a-box.com/imgs/250px/1238.png",{"label":67,"url":68,"thumb":69,"extension":10},"Advertising Agency Agreement","/template/advertising-agency-agreement-D1223","https://templates.business-in-a-box.com/imgs/250px/1223.png",{"label":71,"url":72,"thumb":73,"extension":10},"Affiliate Purchase Agreement","/template/affiliate-purchase-agreement-D12818","https://templates.business-in-a-box.com/imgs/250px/12818.png",{"label":75,"url":76,"thumb":77,"extension":10},"Blanket Purchase Agreement","/template/blanket-purchase-agreement-D12819","https://templates.business-in-a-box.com/imgs/250px/12819.png",{"label":79,"url":80,"thumb":81,"extension":10},"Bulk Sale Agreement","/template/bulk-sale-agreement-D1231","https://templates.business-in-a-box.com/imgs/250px/1231.png",{"description":83,"descriptionCustom":6,"label":84,"pages":85,"size":9,"extension":10,"preview":86,"thumb":87,"svgFrame":88,"seoMetadata":89,"parents":91,"keywords":95,"url":96},"COHABITATION AGREEMENT This Cohabitation Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [YOUR FULL NAME], (\"Party A\") an individual with their main address located at: [YOUR COMPLETE ADDRESS] AND: [SECOND PARTY NAME], (\"Party B\") an individual with their main address located at: [COMPLETE ADDRESS] Whereas the Parties wish to enter into this Agreement and intend to reside at the same address as of [SPECIFY DATE]; Whereas the Parties desire to affix and define their respective property rights and liabilities arising from their joint residency; Whereas the Parties wish to set forth in writing their mutual understanding of their respective rights, expectations, and obligations with respect to one another and to each item of real, personal, or combined property, whether earned or acquired by gift, bequest, devise, descent or otherwise, before, during, and after the cohabitation period. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: PROPERTY The Parties acknowledge that this Agreement will govern any determination of ownership of property that may occur in the event of the Parties separating, or upon the death of a Party. All jointly acquired or jointly held property, however and whenever acquired, will remain the property of and be owned by both Parties and will be treated as shared property (the \"Shared Property\"). In the event of the Parties separating, or upon the death of a Party, all Shared Property will be deemed to be owned equally and each Party will be entitled to fifty percent (50%) of the net equity of the property, regardless of the initial or ongoing proportion of each Party's investment, unless the Parties have agreed otherwise in writing Except as otherwise provided in this Agreement, all property will be treated as property owned solely by either one of the Parties (the \"Separate Property\") except where: it is Shared Property; or there is proof of shared legal ownership. Nothing in this Agreement will prevent or invalidate any gift, or transfer for value, from one Party to the other of present or future property. Unless a Party can reasonably show that they solely own a piece of property, where either Party commingles jointly owned property with Separate Property, any commingled property will be presumed to be Shared Property. DEBTS The Parties acknowledge that this Agreement will govern any determination of responsibility of debts that may occur in the event of the Parties separating. All jointly acquired or jointly held debts, however and whenever acquired, will remain the debts of and be owed by both Parties and will be treated as shared debts (the \"Shared Debts\"). Except as otherwise provided in this Agreement, all debts will be treated as debts owed solely by either one of the Parties (the \"Separate Debts\") except where: it is Shared Debt; or there is proof of shared legal responsibility. In the event of a separation, or upon the death of a Party, all Shared Debt will be deemed to be owed equally and each Party will be financially responsible for 50% of any jointly acquired or jointly held debt, regardless of the initial or ongoing proportion of each Party's borrowed amount, unless the Parties have agreed otherwise in writing. DISCLOSURE OF CURRENT FINANCIAL STATUS Each Party has fully and completely, to the best of his/her knowledge, disclosed to the other Party the current financial condition including all assets and liabilities. Each Party has attached a balance sheet to this Agreement indicating the current assets and liabilities with the understanding that this balance sheet reflects the financial status to the best of their ability. SUPPORT The Parties agree that the investment of time or labor with respect to personal service in the property of the other, or otherwise, will be deemed to have been made gratuitously, and without expectation or right of compensation, unless agreed to the contrary in writing. It is the intention of the Parties to forever release each other from any support obligations now and in the future, no matter how their circumstances may change. They will not apply now or in the future under any legislation for support. They each waive any rights they may have to proceed against the other under any law or statute for support and rely upon the law of contract to govern in respect of this issue. The Parties realize that their respective financial circumstances may be altered in the future by changes in their health, the cost of living, their employment, their marital status, the breakdown of their relationship, or otherwise. No such changes will give either Party the right to seek support under any legislation. It is understood by each Party that this Agreement represents a final disposition of all support issues between them. DIVISION OF LIVING EXPENSES Necessary and jointly approved living expenses shall be apportioned between the Parties as follows: The First Party shall contribute [PERCENT] per month. The Second Party shall contribute [PERCENT] per month. The Parties shall deposit their pro rata contributions monthly into the joint checking account of the Parties. Either Party may draw upon this checking account","Co-Habitation Agreement","5","https://templates.business-in-a-box.com/imgs/1000px/co-habitation-agreement-D12997.png","https://templates.business-in-a-box.com/imgs/250px/12997.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12997.xml",{"title":90,"description":6},"co-habitation agreement",[92,94],{"label":18,"url":93},"business-legal-agreements",{"label":18,"url":93},"co habitation agreement","/template/co-habitation-agreement-D12997",{"description":98,"descriptionCustom":6,"label":99,"pages":100,"size":101,"extension":10,"preview":102,"thumb":103,"svgFrame":104,"seoMetadata":105,"parents":106,"keywords":110,"url":111},"INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (\"Agreement\") is made and effective [Date], BETWEEN: [INDEPENDENT CONTRACTOR NAME] (the \"Independent Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS Independent Contractor is engaged in providing [Describe] business services, its Employer Tax I.D. Number is [Insert], and its Business License Number is [insert]. Independent Contractor has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement. Independent Contractor is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate business entity. Company desires to engage and contract for the services of the Independent Contractor to perform certain tasks as set forth below. Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: TERMS This Agreement shall be effective commencing [Date], and shall continue until terminated at the completion of the Scope of Work which shall occur no later than [Date] or by either party as otherwise provided herein. STATUS OF INDEPENDENT CONTRACTOR This Agreement does not constitute a hiring by either party. It is the parties intentions that Independent Contractor shall have an independent contractor status and not be an employee for any purposes, including, but not limited to, [laws]. Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. TASKS, DUTIES, AND SCOPE OF WORK Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the following: [Describe]. The above to be referred to in this Agreement as the \"Scope of Work\". It is expected that the Scope of Work will completed by [Date]. Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already or related change orders. Independent Contractor shall not be entitled to engage in any activities which are not expressly set forth by this Agreement. The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, change orders/purchase orders and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement. Independent Contractor shall be responsible to the management and directors of Company, but Independent Contractor will not be required to follow or establish a regular or daily work schedule. Supply all necessary equipment, materials and supplies. Independent Contractor will not rely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given Independent Contractors regarding the scope of work shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop, or alter the work of Independent Contractor to assure its conformity with this Agreement. ASSURANCE OF SERVICES Independent Contractor will assure that the following individuals (the \"Key Employees\") will be available to perform, and will perform, the Services hereunder until they are completed (identify by title and name as applicable): [Name of Key Employee, Title] [Name of Key Employee, Title] The Key Employees may be changed only with the prior written approval of the Company, which approval shall not be unreasonably withheld. COMPENSATION Independent Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as follows: [Describe] Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: [Describe] NOTICE CONCERNING WITHHOLDING OF TAXES Independent Contractor recognizes and understands that it will receive a [specify tax] statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by the Company as a result of independent contractor's failure to make such required payments. AGREEMENT TO WAIVE RIGHTS TO BENEFITS Independent Contractor hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of their services to Company, and is effective for the entire duration of Independent Contractor's agreement with Company. This waiver is effective independently of Independent Contractor's employment status as adjudged for taxation purposes or for any other purpose. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the consent of the other. TERMINATION This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either party giving [number] days written notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION Independent Contractor agrees not to disclose or communicate, in any manner, either during or after Independent Contractor's agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of Company. ","Independent Contractor Agreement","6",62,"https://templates.business-in-a-box.com/imgs/1000px/independent-contractor-agreement-D160.png","https://templates.business-in-a-box.com/imgs/250px/160.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#160.xml",{"title":6,"description":6},[107],{"label":108,"url":109},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":113,"descriptionCustom":6,"label":114,"pages":100,"size":9,"extension":10,"preview":115,"thumb":116,"svgFrame":117,"seoMetadata":118,"parents":120,"keywords":119,"url":123},"SERVICE AGREEMENT This SERVICE AGREEMENT (\"Agreement\") is effective [DATE], BETWEEN: [COMPANY NAME] (the \"Contractor\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Customer\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] (The Contractor and the Customer shall be individually referred to as a \"Party\" and collectively referred to as the \"Parties\", as the context may require). WHEREAS A. Contractor has experience and expertise in [DESCRIBE EXPERIENCE AND SERVICE]. B. Customer desires to have Contractor provide services for them. C. Contractor desires to provide services to Customer on the terms and conditions set forth herein (the \"Services\"). NOW THEREFORE, in consideration of the above recitals, the representations, warranties, and agreements contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which are now acknowledged, the Parties agree as follows: SERVICES PROVIDED Beginning on upon agreement to this contract, [CONTRACTOR] will provide to [CUSTOMER] the following service (collectively, the /Services\"): Description of the project: [DESCRIBE THE SERVICE REQUIRED]. SCOPE OF WORK Contractor agrees to provide Services pursuant to the Scope of Work set forth in Exhibit A attached hereto (the \"Scope of Work\"). TERM Unless both parties mutually agree on an extension, this contract will automatically terminate on [SPECIFY]. PERFORMANCE The parties agree to do everything possible to ensure that the terms of this Agreement take effect. PAYMENT FOR SERVICES In exchange for the Services rendered, a payment of [SPECIFY] will be made to the Contractor upon completion of the scheduled Services described in this Contract. If an invoice is not paid on the due date, interest will be added to the current balance. These amounts shall be payable, and the Customer shall pay all overdue amounts at the lesser of [SPECIFY] per cent per annum or the maximum percentage permitted by applicable law. Or Customer will pay Contractor as follows: [SPECIFY]. DELIVERY OF SERVICES The Contractor will exercise due diligence in the provision of services. However, the Customer acknowledges that the indicated delivery times and other payment milestones listed in Scope of Work are estimates and do not constitute final delivery dates. SECURITY The Contractor must make reasonable security arrangement to protect Material from unauthorized access, collection, use, alteration or disposal. OWNERSHIP RIGHT The Customer shall hold the copyright for the agreed version of the Services as delivered, and the Customer's copyright notice may be displayed in the final version. All works, ideas, discoveries, inventions, patents, products or other information that may be protected by copyright (collectively, the \"Work Product\" developed in whole or in part by the Contractor in connection with the Services, shall be the exclusive property of the Customer. Upon request, the Contractor shall execute all documents necessary to confirm or perfect the exclusive ownership of the Customer's \"Work Product\". The Contractor retains exclusive rights to pre-existing materials used in the Customer's projects. The Customer shall not have the right to reuse, resell or otherwise transfer material belonging to the contractor or third parties. The Contractor reserves the right to use the finished public product as an example of a product. RETURN OF PROPERTY Upon the expiry or termination of this Agreement, the Contractor will return to the Customer any property, documentation, records or Confidential Information which is the property of the Customer. COMPENSATION For all services rendered by the Contractor under this Agreement, the Customer shall indemnify the Contractor. In the event that the Customer fails to make any of the payments mentioned, the Contractor shall have the right, but shall not be obliged, to exercise any of the following remedies: ","Service Agreement","https://templates.business-in-a-box.com/imgs/1000px/service-agreement-D12711.png","https://templates.business-in-a-box.com/imgs/250px/12711.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12711.xml",{"title":119,"description":6},"service agreement",[121,122],{"label":18,"url":93},{"label":18,"url":93},"/template/service-agreement-D12711",{"description":125,"descriptionCustom":6,"label":126,"pages":127,"size":9,"extension":10,"preview":128,"thumb":129,"svgFrame":130,"seoMetadata":131,"parents":133,"keywords":132,"url":138},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. DISCLAIMER","Non Disclosure Agreement Nda","3","https://templates.business-in-a-box.com/imgs/1000px/non-disclosure-agreement-nda-D12692.png","https://templates.business-in-a-box.com/imgs/250px/12692.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12692.xml",{"title":132,"description":6},"non disclosure agreement nda",[134,135],{"label":18,"url":93},{"label":136,"url":137},"Confidentiality Agreements","confidentiality-agreement","/template/non-disclosure-agreement-nda-D12692",{"description":140,"descriptionCustom":6,"label":141,"pages":8,"size":9,"extension":10,"preview":142,"thumb":143,"svgFrame":144,"seoMetadata":145,"parents":147,"keywords":152,"url":153},"CONSULTING AGREEMENT This Consulting Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [CONSULTANT NAME] (the \"Consultant\"), an individual with his main address located at OR a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] In the event of a conflict in the provisions of any attachments hereto and the provisions set forth in this Agreement, the provisions of such attachments shall govern. In consideration of the foregoing and of the mutual promises set forth herein, and intending to be legally bound, the parties hereto agree as follows: RECITALS Consultant has expertise in the area of the Company's business and is willing to provide consulting services to the Company. The Company is willing to engage Consultant as an independent contractor, and not as an employee, on the terms and conditions set forth herein. The Company desires to obtain the services of Consultant by means of services provided by Consultant's employees dispatched by Consultant to provide services to Company hereunder (\"Agents\"), on its own behalf and on behalf of all existing and future Affiliated Companies (defined as any corporation or other business entity or entities that directly or indirectly controls, is controlled by, or is under common control with the Company), and Consultant desires to provide consulting services to the Company upon the following terms and conditions. The Company has spent significant time, effort, and money to develop certain Proprietary Information (as defined below), which the Company considers vital to its business and goodwill. The Proprietary Information will necessarily be communicated to or acquired by Consultant and its Agents in the course of providing consulting services to the Company, and the Company desires to obtain the services of Consultant, only if, in doing so, it can protect its Proprietary Information and goodwill. SERVICES Consultant agrees to perform for Company the services listed in the Scope of Services section in Exhibit A, attached hereto and executed by both Company and Consultant. Such services are hereinafter referred to as \"Services.\" Company agrees that consultant shall have ready access to Company's staff and resources as necessary to perform the Consultant's services provided for by this contract. CONSULTING PERIOD Basic Term The Company hereby retains the Consultant and Consultant agrees to render to the Company those services described in Exhibit A for the period (the \"Consulting Period\") commencing on the date of this Agreement and ending upon the earlier of (i) [APPLICABLE DATE], (the \"Term Date\"), and (ii) the date the Consulting Period is terminated in accordance with Section 7. The Company shall pay the Consultant the compensation to which it is entitled under Section 5 through the end of the Consulting Period, and, thereafter, the Company's obligations hereunder shall end. Renewal Subject to Section 7, the Consulting Period will be automatically renewed for an additional [AGREED UPON NUMBER OF MONTHS] month period (without any action by either party) on the Term Date and on each anniversary thereof, unless one party gives to the other written notice [NUMBER] days in advance of the beginning of any [AGREED UPON NUMBER OF MONTHS] month renewal period that the Consulting Period is to be terminated, provided, that in no event shall the Consulting Period extend beyond [DEADLINE DATE]. Either party's right to terminate the Consulting Period, instead of renewing the Agreement, shall be with or without cause. DUTIES AND RESPONSIBILITIES Consultant hereby agrees to provide and perform for the Company those services set forth on Exhibit A attached hereto. Consultant shall devote its best efforts to the performance of the services and to such other services as may be reasonably requested by the Company and hereby agrees to devote, unless otherwise requested in writing by the Company, (a minimum of at least [AGREED UPON NUMBER OF HOURS] hours of service per week/or assign [AGREED UPON NUMBER OF INDIVIDUALS] individuals to provide services to the Company). Consultant shall use its best efforts to furnish competent Agents possessing a sufficient working knowledge of the Company's research, development and products to fulfill Consultant's obligations hereunder. Any Agent of Consultant who, in the sole opinion of the Company, is unable to adequately perform any services hereunder shall be replaced by Consultant within [AGREED UPON NUMBER OF DAYS] days after receipt of notice from the Company of its desire to have such Agent replaced. Consultant shall use its best efforts to comply with, and to ensure that each of its Agents comply with, all policies and practices regarding the use of facilities at which services are to be perform hereunder. Consultant agrees and shall cause each of its Agents to agree to the Acknowledgement and Inventions Assignment attached hereto as Exhibit B, and Consultant shall deliver a signed original of such Acknowledgement and Inventions Assignment to Company prior to such Agent's commencement of the provision of services for the Company. Consultant shall obtain for the benefit of the Company, as an intended third-party beneficiary thereof, prior to the performance of any services hereunder by any of the Agents, the written agreement of Agent to be bound by terms no less restrictive than the terms of Sections 2, 5, 6, and 7 of this Agreement. Personnel supplied by Consultant to provide services to Company under this Agreement will be deemed Consultant's employees or agents and will not for any purpose be considered employees or agents of Company. Consultant assumes full responsibility for the actions of such personnel while performing services pursuant to this Agreement, and shall be solely responsible for their supervision, daily direction and control, provision of employment benefits (if any) and payment of salary (including all required withholding of taxes). COMPENSATION, BENEFITS AND EXPENSES Compensation In consideration of the services to be rendered hereunder, including, without limitation, services to any Affiliated Company, Consultant shall be paid [AMOUNT], payable at the time and pursuant to the procedures regularly established, and as they may be amended, by the Company during the course of this Agreement. Benefits Other than the compensation specified in this 5.1, neither Consultant nor its Agents shall be entitled to any direct or indirect compensation for services performed hereunder. Expenses The Company shall reimburse Consultant for reasonable travel and other business expenses incurred by its Agents in the performance of the duties hereunder in accordance with the Company's general policies, as they may be amended from time to time during the course of this Agreement. INVOICING Company shall pay the amounts agreed to herein upon receipt of invoices which shall be sent by Consultant, and Company shall pay the amount of such invoices to Consultant. TERMINATION OF CONSULTING RELATIONSHIP By the Company or the Consultant At any time, either the Company or the Consultant may terminate, without liability, the Consulting Period for any reason, with or without cause, by giving [AGREED UPON NUMBER OF DAYS] days advance written notice to the other party. If the Consultant terminates its consulting relationship with the Company pursuant to Sections 2, 3 and 4, the Company shall have the option, in its complete discretion, to terminate Consultant immediately without the running of any notice period","Consulting Agreement Long","https://templates.business-in-a-box.com/imgs/1000px/consulting-agreement---long-D12543.png","https://templates.business-in-a-box.com/imgs/250px/12543.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12543.xml",{"title":146,"description":6},"consulting agreement long",[148,149],{"label":18,"url":93},{"label":150,"url":151},"Consulting Agreements","consulting-agreement","consulting agreement   long","/template/consulting-agreement---long-D12543",{"description":155,"descriptionCustom":6,"label":156,"pages":127,"size":9,"extension":10,"preview":157,"thumb":158,"svgFrame":159,"seoMetadata":160,"parents":162,"keywords":169,"url":170},"STATEMENT OF WORK COMPANY NAME CLIENT NAME PROJECT NAME PROJECT MANAGER START DATE END DATE SCOPE OF WORK Describe this project in as much detail as possible. PROJECT OBJECTIVES Objective #1 Objective #2 Objective #3 Objective #4 TEAM ","Statement Of Work","https://templates.business-in-a-box.com/imgs/1000px/statement-of-work-D12981.png","https://templates.business-in-a-box.com/imgs/250px/12981.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12981.xml",{"title":161,"description":6},"statement of work",[163,166],{"label":164,"url":165},"Sales & Marketing","sales-marketing",{"label":167,"url":168},"Marketing Plan","marketing-plan","statement work","/template/statement-of-work-D12981",false,{"seo":173,"reviewer":185,"legal_disclaimer":189,"quick_facts":190,"at_a_glance":192,"personas":196,"variants":221,"glossary":249,"clauses":283,"how_to_fill":334,"common_mistakes":375,"faqs":400,"industries":428,"comparisons":453,"diy_vs_lawyer":467,"jurisdictions":480,"related_template_ids_curated":501,"schema":508,"classification":509},{"meta_title":174,"meta_description":175,"primary_keyword":176,"secondary_keywords":177},"Marketing Agreement Template | BIB","Free marketing agreement template covering services, compensation, IP rights, exclusivity, and termination.","marketing agreement template",[178,179,180,181,182,183,184],"marketing agreement template word","marketing services agreement template","marketing contract template free","marketing agreement template download","digital marketing agreement template","marketing services contract template","advertising agreement template",{"name":186,"credential":187,"reviewed_date":188},"Bruno Goulet","CEO, Business in a Box","2026-05-02",true,{"difficulty":191,"legal_review_recommended":189,"signature_required":189},"medium",{"what_it_is":193,"when_you_need_it":194,"whats_inside":195},"A Marketing Agreement is a legally binding contract between a business and a marketing service provider — agency, consultant, or freelancer — that defines the scope of services, compensation structure, IP ownership, confidentiality obligations, and termination conditions. This free Word download gives you a professionally structured starting point you can edit online and export as PDF for immediate execution.\n","Use it whenever you engage a third party to plan, create, or execute marketing activities on your behalf — including digital campaigns, content production, SEO, paid advertising, social media management, or brand strategy. It is equally relevant when you are the agency or consultant being hired and need to document obligations clearly before work begins.\n","Scope of services and deliverables, fees and payment schedule, IP assignment and license provisions, confidentiality obligations, non-solicitation restrictions, representations and warranties, indemnification, limitation of liability, termination rights, and governing law.\n",[197,201,205,209,213,217],{"title":198,"use_case":199,"icon_asset_id":200},"Small business owners","Engaging a marketing agency or freelancer for the first time with clear terms","persona-small-business-owner",{"title":202,"use_case":203,"icon_asset_id":204},"Marketing agencies","Standardizing client engagements with a consistent, enforceable contract","persona-agency",{"title":206,"use_case":207,"icon_asset_id":208},"Startup founders","Commissioning brand, content, or growth marketing before a product launch","persona-startup-founder",{"title":210,"use_case":211,"icon_asset_id":212},"Freelance marketers and consultants","Protecting payment rights and ownership of deliverables on client projects","persona-freelancer",{"title":214,"use_case":215,"icon_asset_id":216},"In-house marketing directors","Formalizing vendor relationships for campaign work and third-party creative","persona-marketing-director",{"title":218,"use_case":219,"icon_asset_id":220},"E-commerce operators","Retaining a paid-media specialist or influencer agency under documented terms","persona-ecommerce-operator",[222,226,230,233,237,241,245],{"situation":223,"recommended_template":224,"slug":225},"Ongoing retainer relationship with a full-service marketing agency","Marketing Retainer Agreement","retainer-agreement-D12703",{"situation":227,"recommended_template":228,"slug":229},"One-time campaign or project with a defined end date","Marketing Services Agreement (Project-Based)","project-management-agreement-D1195",{"situation":231,"recommended_template":39,"slug":232},"Engaging an influencer or content creator for sponsored posts","influencer-marketing-agreement-D12851",{"situation":234,"recommended_template":235,"slug":236},"Authorizing a third party to sell or market your products in a territory","Marketing Affiliate Agreement","affiliate-marketing-agreement-D12787",{"situation":238,"recommended_template":239,"slug":240},"Joint marketing campaign between two co-equal brands","Co-Marketing Agreement","co-habitation-agreement-D12997",{"situation":242,"recommended_template":243,"slug":244},"Engaging a public relations firm for media outreach and press coverage","Public Relations Agreement","public-relations-plan-D13755",{"situation":246,"recommended_template":247,"slug":248},"Hiring a digital advertising agency for paid search and social campaigns","Digital Marketing Services Agreement","digital-marketing-plan-D12766",[250,253,256,259,262,265,268,271,274,277,280],{"term":251,"definition":252},"Scope of Services","A detailed description of the specific marketing activities the provider is contracted to perform, used as the benchmark for performance and deliverable acceptance.",{"term":254,"definition":255},"Retainer","A fixed monthly fee paid to a marketing provider in exchange for a defined level of ongoing service, regardless of the number of hours worked.",{"term":257,"definition":258},"Work Made for Hire","A legal doctrine under which creative work produced by a contractor is deemed owned by the hiring party from creation, provided the agreement expressly states this and the work falls within a qualifying category.",{"term":260,"definition":261},"License (IP)","Permission granted by one party to another to use intellectual property — such as a logo, copy, or campaign asset — under defined conditions without transferring ownership.",{"term":263,"definition":264},"Indemnification","A contractual obligation by one party to compensate the other for specific losses, claims, or damages arising from defined circumstances — such as a third-party IP infringement claim.",{"term":266,"definition":267},"Limitation of Liability","A clause capping the maximum financial exposure of one or both parties, typically expressed as a multiple of fees paid under the agreement.",{"term":269,"definition":270},"Non-Solicitation","A restriction preventing one party from directly recruiting or hiring the other's employees or key contractors during and for a defined period after the engagement.",{"term":272,"definition":273},"Exclusivity","A provision preventing the marketing provider from performing the same or similar services for a competing brand or business during the term of the agreement.",{"term":275,"definition":276},"Performance Metrics (KPIs)","Agreed, measurable benchmarks — such as cost per lead, conversion rate, or monthly impressions — used to evaluate whether the marketing provider is meeting its obligations.",{"term":278,"definition":279},"Termination for Cause","The right to end the agreement immediately, without notice or severance, based on specific documented breaches such as fraud, gross negligence, or material non-performance.",{"term":281,"definition":282},"Moral Rights","Non-transferable rights of a creator to attribution and integrity of their work, recognized in Canada, the UK, and EU countries, which may need to be waived in a marketing agreement.",[284,289,294,299,304,309,314,319,324,329],{"name":285,"plain_english":286,"sample_language":287,"common_mistake":288},"Parties and recitals","Identifies the client and the marketing provider by their full legal names, states the nature of the relationship, and sets the effective date of the agreement.","This Marketing Agreement ('Agreement') is entered into as of [DATE] between [CLIENT LEGAL NAME], a [STATE/PROVINCE] [ENTITY TYPE] ('Client'), and [PROVIDER LEGAL NAME], a [STATE/PROVINCE] [ENTITY TYPE] ('Provider').","Using trade names or brand names instead of registered legal entity names. If the named party doesn't match the signing entity, enforcing payment obligations or IP assignment against the correct party becomes complicated.",{"name":290,"plain_english":291,"sample_language":292,"common_mistake":293},"Scope of services and deliverables","Describes exactly what the provider will do, what outputs will be delivered, in what format, and on what timeline. Usually supported by an attached Statement of Work.","Provider shall perform the marketing services described in Schedule A ('Services'), including [LIST OF SPECIFIC DELIVERABLES], and shall deliver each item by the date specified in the project timeline attached as Exhibit 1.","Describing services in broad, aspirational language like 'grow the brand' without tying them to specific, measurable deliverables. Vague scope is the leading cause of marketing contract disputes.",{"name":295,"plain_english":296,"sample_language":297,"common_mistake":298},"Fees, payment schedule, and expenses","States the total fee or rate, when invoices are due, the payment method, late-payment consequences, and how pre-approved third-party expenses are handled.","Client shall pay Provider a monthly retainer of $[AMOUNT], due within [30] days of invoice. Late payments accrue interest at [1.5]% per month. Third-party media spend requires Client pre-approval and is billed at cost with no markup.","Not addressing third-party ad spend separately from the service fee. When a provider manages a six-figure ad budget, ambiguity about who controls the spend and who is liable for overruns creates serious financial exposure.",{"name":300,"plain_english":301,"sample_language":302,"common_mistake":303},"Intellectual property ownership and assignment","Determines who owns campaign assets, copy, creative, and data generated under the agreement — typically assigning finished deliverables to the client upon full payment.","Upon receipt of all fees due, Provider assigns to Client all right, title, and interest in the Deliverables, including all copyrights. Provider retains ownership of all pre-existing tools, methodologies, and background IP used to create the Deliverables.","Omitting a carve-out for the provider's background IP — templates, software, or proprietary processes they bring to the engagement. Without it, the assignment clause may inadvertently transfer tools the provider needs for every other client.",{"name":305,"plain_english":306,"sample_language":307,"common_mistake":308},"License to client materials","Grants the provider a limited, non-exclusive license to use the client's brand assets, trademarks, and content solely to perform the services under the agreement.","Client grants Provider a non-exclusive, royalty-free license to use Client's trademarks, logos, and content solely for the purpose of performing the Services during the Term. Provider shall not use Client's brand assets for any other purpose.","Granting an unlimited license to brand materials without restricting the purpose or duration. A license with no scope allows the provider to use your brand in their own promotional materials, case studies, or portfolios without further consent.",{"name":310,"plain_english":311,"sample_language":312,"common_mistake":313},"Confidentiality","Prohibits both parties from disclosing the other's non-public business information — pricing, strategy, customer data, and campaign performance — during and after the engagement.","Each party agrees to keep confidential all non-public information received from the other party ('Confidential Information') and not to disclose or use such information except as necessary to perform this Agreement. This obligation survives termination for [2] years.","A one-sided confidentiality clause that only protects the client. Providers share proprietary methodologies and pricing with clients — a mutual NDA protects both parties and is more likely to be accepted without negotiation.",{"name":315,"plain_english":316,"sample_language":317,"common_mistake":318},"Representations, warranties, and indemnification","Each party confirms they have authority to enter the agreement and that their contributions don't infringe third-party rights. The indemnification clause allocates responsibility for losses arising from those representations being false.","Provider represents that the Deliverables will not infringe any third-party intellectual property rights. Provider shall indemnify Client against any third-party claims arising from Provider's breach of this representation, provided Client notifies Provider promptly of any such claim.","One-sided indemnification requiring the provider to cover all claims regardless of fault. A balanced clause requires each party to indemnify the other only for their own breaches — courts scrutinize one-sided indemnities and may reduce their effect.",{"name":320,"plain_english":321,"sample_language":322,"common_mistake":323},"Term, termination, and wind-down","Sets the initial contract period, how either party can terminate for convenience or cause, and the transition obligations — outstanding deliverables, final payment, and asset transfer — that apply at termination.","This Agreement commences on [START DATE] and continues for [12] months ('Initial Term'), renewing automatically unless terminated on [60] days' written notice. Either party may terminate for Cause immediately upon written notice specifying the breach. Upon termination, Provider shall deliver all completed Deliverables and Client shall pay all undisputed fees earned through the termination date.","No wind-down clause. When an agreement terminates mid-campaign, the absence of explicit handover obligations — transferring ad account access, domain credentials, and analytics data — leaves the client unable to continue operations.",{"name":325,"plain_english":326,"sample_language":327,"common_mistake":328},"Limitation of liability","Caps the maximum financial exposure of either party — typically at the total fees paid in the preceding 12 months — and excludes consequential, indirect, or punitive damages.","Neither party's total liability under this Agreement shall exceed the total fees paid by Client in the [12] months preceding the claim. Neither party shall be liable for indirect, consequential, or punitive damages, even if advised of their possibility.","Not including a mutual limitation of liability. A one-sided cap that only protects the provider while leaving the client with unlimited exposure will be resisted in negotiation and may be unenforceable in some jurisdictions.",{"name":330,"plain_english":331,"sample_language":332,"common_mistake":333},"Governing law, dispute resolution, and entire agreement","Specifies which jurisdiction's law governs, how disputes are resolved (arbitration or litigation), which courts have jurisdiction, and confirms the written agreement supersedes all prior negotiations and representations.","This Agreement is governed by the laws of [STATE/PROVINCE/COUNTRY]. Any dispute shall be resolved by binding arbitration under [AAA / JAMS / applicable rules] in [CITY], except claims for injunctive relief. This Agreement constitutes the entire agreement between the parties and supersedes all prior representations and understandings.","Selecting a governing jurisdiction that has no connection to either party's location. Courts in the non-selected jurisdiction may decline to enforce the choice-of-law clause, and the parties will bear unnecessary litigation costs enforcing it remotely.",[335,340,345,350,355,360,365,370],{"step":336,"title":337,"description":338,"tip":339},1,"Identify the parties with their full legal names","Enter the registered legal entity names — not trading names or brand names — for both the client and the provider. Include entity type (LLC, Inc., Ltd.) and state or province of incorporation.","Cross-reference the provider's entity name against your state's business registry before signing. Engaging a dissolved or incorrectly named entity creates serious enforcement problems.",{"step":341,"title":342,"description":343,"tip":344},2,"Draft a detailed scope of services in Schedule A","List every specific deliverable — number of social posts per month, ad campaigns managed, content pieces produced, reporting cadence — with delivery dates and acceptance criteria. Move granular details to a Schedule rather than the main body so they can be updated by mutual written amendment without redrafting the entire agreement.","If scope is still being defined, use a phased approach: define Phase 1 fully and add a clause allowing Phase 2 scope to be attached by written addendum once agreed.",{"step":346,"title":347,"description":348,"tip":349},3,"Specify fees, invoicing schedule, and expense policy","State whether the fee is a flat monthly retainer, a project fee, or an hourly rate. Set the invoice frequency, due date (Net 15 or Net 30), and the interest rate on late payments. Add a separate clause for third-party ad spend authorization if the provider will manage media budgets.","Include a provision requiring pre-approval for any single third-party expense above a defined threshold — $500 is a common floor for small engagements.",{"step":351,"title":352,"description":353,"tip":354},4,"Clarify IP ownership and background IP carve-outs","State that all finished deliverables assign to the client upon full payment, and explicitly carve out any pre-existing tools, templates, or proprietary methodologies the provider retains. List specific background IP in a schedule if necessary.","If the provider uses licensed fonts, stock imagery, or software in deliverables, confirm those third-party licenses permit the intended commercial use before assignment.",{"step":356,"title":357,"description":358,"tip":359},5,"Set exclusivity scope and geography if required","If the client requires exclusivity, define it narrowly: specify the industry, category of services, and geographic region. Unlimited exclusivity significantly reduces the provider's earning capacity and will increase the retainer fee.","Consider time-limited exclusivity — exclusive for the first 6 months, non-exclusive thereafter — as a compromise that protects the client's launch without permanently restricting the provider.",{"step":361,"title":362,"description":363,"tip":364},6,"Define the term, notice period, and termination triggers","Set the initial term (typically 6 or 12 months), the automatic renewal mechanism, and the advance notice required to terminate for convenience (30–90 days is standard). List the specific triggers for termination for cause — material breach uncured after [14] days' notice, insolvency, or fraud.","Include a 'cure period' for non-payment termination: allow the defaulting party 10 business days to cure before termination becomes effective. This prevents accidental termination over processing delays.",{"step":366,"title":367,"description":368,"tip":369},7,"Fill in governing law and dispute resolution","Select the jurisdiction where both parties operate or where disputes are most practically litigated. Choose between binding arbitration (faster, confidential, less expensive) or court litigation. Include the specific arbitration body — AAA, JAMS, or the applicable body in your country.","For cross-border engagements, arbitration under ICC or UNCITRAL rules is typically more neutral and enforceable across jurisdictions than a single-country court clause.",{"step":371,"title":372,"description":373,"tip":374},8,"Execute before any work begins","Both parties must sign before the provider starts work. Work performed without a signed agreement creates scope ambiguity, IP uncertainty, and payment risk for both sides. Use an e-signature platform to timestamp execution and distribute executed copies automatically.","Send the agreement at the same time as — or before — the first invoice or project brief. Providers who receive a brief and start before signing often find it harder to negotiate terms after work has begun.",[376,380,384,388,392,396],{"mistake":377,"why_it_matters":378,"fix":379},"Vague scope of services with no measurable deliverables","Without specific deliverables and deadlines, the client cannot establish non-performance and the provider cannot demonstrate completion. Scope disputes are the most common cause of marketing contract litigation.","Attach a Schedule A listing every specific output — number of ads, content pieces, reports — with delivery dates and an explicit acceptance process.",{"mistake":381,"why_it_matters":382,"fix":383},"No IP ownership clause or a clause that only assigns work after full payment without addressing partial payment","If the client terminates mid-project and has paid 60% of the fee, ambiguity over who owns partial deliverables can prevent the client from using completed work and block the provider from recovering the balance.","Include a proportional IP provision: ownership of completed, accepted deliverables transfers upon payment of the fee allocated to each milestone, regardless of whether the full project is completed.",{"mistake":385,"why_it_matters":386,"fix":387},"Omitting a wind-down and asset-transfer clause","When an agency relationship ends, the client often needs immediate access to ad accounts, social media credentials, analytics platforms, and domain registrations. Without a contractual obligation to transfer these, the provider has leverage to delay.","Add a termination clause requiring the provider to transfer all account access, logins, and data within [5] business days of the termination date, and to cooperate with any transition to a successor provider.",{"mistake":389,"why_it_matters":390,"fix":391},"No limitation of liability or a one-sided cap that only protects one party","A provider running a $500K annual ad budget with no liability cap faces catastrophic exposure if a campaign error triggers brand damage claims. Without a mutual cap, providers price this risk into fees or refuse the engagement.","Include a mutual limitation of liability capping both parties' exposure at total fees paid in the preceding 12 months, with a mutual exclusion of consequential and indirect damages.",{"mistake":393,"why_it_matters":394,"fix":395},"Granting the provider an unrestricted license to use client brand materials","An unbounded license allows the provider to use your brand in case studies, award submissions, and promotional materials — potentially disclosing confidential campaign performance data or associating your brand with the provider's other clients.","Restrict the license to 'solely for purposes of performing the Services under this Agreement' and add a separate written-consent requirement for any case study or portfolio use.",{"mistake":397,"why_it_matters":398,"fix":399},"No exclusivity definition when exclusivity is intended","Assuming exclusivity without documenting it — industry, geography, service type, and duration — leaves the client with no recourse when the provider serves a direct competitor, and the provider with no clear obligation to avoid conflicts.","Define exclusivity with precision: name the specific competitive category, the geographic territory, and the duration. Vague exclusivity clauses are frequently struck down as unenforceable.",[401,404,407,410,413,416,419,422,425],{"question":402,"answer":403},"What is a marketing agreement?","A marketing agreement is a legally binding contract between a business and a marketing service provider — such as an agency, consultant, or freelancer — that defines the scope of services, payment terms, IP ownership, confidentiality obligations, and termination conditions. It creates enforceable obligations for both parties and replaces informal email chains or verbal understandings as the governing document for the engagement.\n",{"question":405,"answer":406},"When do I need a marketing agreement?","You need a marketing agreement any time you engage a third party to plan, produce, or execute marketing activities on your behalf — including digital advertising, content creation, SEO, social media management, influencer campaigns, or brand strategy. The agreement should be signed before any work begins and before any budget is committed to third-party media spend. Agencies and freelancers acting as providers should require one before starting work for any new client.\n",{"question":408,"answer":409},"What is the difference between a marketing agreement and a marketing retainer agreement?","A marketing agreement is the general governing contract that defines the relationship, IP rights, confidentiality, and termination conditions. A marketing retainer agreement is a specific fee structure within that relationship — a fixed monthly payment for ongoing access to services rather than per-project billing. Many retainer arrangements use a master marketing agreement as the governing document and attach a retainer fee schedule as an exhibit.\n",{"question":411,"answer":412},"Who owns the creative assets produced under a marketing agreement?","Ownership depends entirely on what the agreement says. In most jurisdictions, independent contractors retain copyright in work they create unless the agreement explicitly assigns it to the client or qualifies the work as 'work made for hire.' A well-drafted marketing agreement should assign all finished deliverables to the client upon full payment, while carving out the provider's pre-existing tools, templates, and background IP.\n",{"question":414,"answer":415},"Should a marketing agreement include performance metrics or KPIs?","Including KPIs in the agreement or a Schedule is strongly recommended for performance-based engagements, but do so carefully. Tying payment directly to KPI achievement creates significant disputes when results are influenced by factors outside the provider's control — such as market conditions or client-side delays. A better approach is to include KPIs as reporting benchmarks in Schedule A, with a separate remedies clause specifying what happens if they are materially missed.\n",{"question":417,"answer":418},"Can a marketing agreement include an exclusivity clause?","Yes, and exclusivity clauses are common in marketing agreements — for example, preventing the provider from simultaneously serving a direct competitor. For exclusivity to be enforceable, it must be specific: define the competitive category, geographic territory, and duration. Broad or unlimited exclusivity clauses are regularly challenged and may be unenforceable. Providers typically charge a premium for genuine exclusivity to compensate for lost business opportunities.\n",{"question":420,"answer":421},"What notice period should a marketing agreement include for termination?","Thirty to ninety days is the standard range for termination for convenience in marketing agreements. Longer notice periods (60–90 days) are appropriate for retainer engagements where the provider has significant ongoing work and needs time to wind down campaigns. Shorter periods (30 days) suit project-based engagements. Either party should be able to terminate for cause — material breach, non-payment, or insolvency — immediately upon written notice after a cure period of 10–14 days.\n",{"question":423,"answer":424},"Is a marketing agreement enforceable without a signature?","In most jurisdictions, a contract requires offer, acceptance, and consideration to be binding — but a written signature provides the clearest evidence of all three. An email exchange accepting written terms may constitute a binding agreement in some jurisdictions, but enforcing it is significantly harder than producing a signed document. Electronic signatures are legally valid in the US (ESIGN Act), Canada (PIPEDA and provincial legislation), the UK, and the EU, and are treated as equivalent to wet signatures in most commercial contexts.\n",{"question":426,"answer":427},"Do I need a lawyer to draft a marketing agreement?","For straightforward domestic engagements, a well-prepared template reviewed against your specific situation is typically sufficient. Engage a lawyer when the engagement involves significant media spend (over $100K annually), when exclusivity or non-compete terms are central to the deal, when the provider operates in a different jurisdiction, or when the deliverables involve sensitive regulated content — such as financial services advertising or healthcare claims. A 1–2 hour template review by a commercial lawyer typically costs $300–$800 and is worthwhile for high-value retainer relationships.\n",[429,433,437,441,445,449],{"industry":430,"icon_asset_id":431,"specifics":432},"Technology / SaaS","industry-saas","Performance KPIs tied to MQL and SQL targets, product marketing deliverables for launch campaigns, and strict IP assignment for software screenshots and branded assets.",{"industry":434,"icon_asset_id":435,"specifics":436},"Retail / E-commerce","industry-ecommerce","Paid media spend authorization for large seasonal ad budgets, influencer and affiliate program terms, and attribution reporting obligations across channels.",{"industry":438,"icon_asset_id":439,"specifics":440},"Healthcare and Life Sciences","industry-healthtech","Regulatory compliance warranties for promotional claims, HIPAA-compliant handling of any patient data used in targeting, and mandatory medical-legal review of all deliverables.",{"industry":442,"icon_asset_id":443,"specifics":444},"Financial Services","industry-fintech","FCA, SEC, or FINRA compliance representations for all advertising content, prior-approval requirements for every campaign asset, and enhanced confidentiality covering client financial data.",{"industry":446,"icon_asset_id":447,"specifics":448},"Professional Services","industry-professional-services","Exclusivity clauses preventing the agency from serving competing firms in the same practice area, and co-branding restrictions on case studies or testimonials.",{"industry":450,"icon_asset_id":451,"specifics":452},"Food and Beverage","industry-food-beverage","Brand standards and visual identity compliance for all creative output, influencer disclosure obligations under FTC guidelines, and product claim accuracy warranties.",[454,457,460,463],{"vs":99,"vs_template_id":455,"summary":456},"independent-contractor-agreement-D160","An independent contractor agreement governs the general engagement of a self-employed individual and covers classification, payment, and IP at a high level. A marketing agreement is purpose-built for marketing engagements — it adds campaign-specific provisions for scope, KPIs, ad spend authorization, exclusivity, and brand license. For marketing work, a purpose-specific agreement offers far more protection than a generic contractor template.",{"vs":114,"vs_template_id":458,"summary":459},"service-agreement-D12711","A service agreement is a broad template for any service-based engagement. A marketing agreement includes provisions specific to the marketing context — performance benchmarks, media budget controls, brand asset licensing, and deliverable acceptance criteria. Use a service agreement for general professional services; use a marketing agreement when the engagement is specifically campaign- or brand-related.",{"vs":239,"vs_template_id":461,"summary":462},"co-marketing-agreement-D13474","A co-marketing agreement governs a joint campaign between two equal business partners who share resources, costs, and audience access. A marketing agreement governs a client-vendor relationship where one party pays the other to provide services. The power dynamic, cost structure, and IP allocation are fundamentally different between the two documents.",{"vs":464,"vs_template_id":465,"summary":466},"Non-Disclosure Agreement","non-disclosure-agreement-nda-D12692","An NDA protects confidential information shared during preliminary discussions before an agreement is signed. A marketing agreement includes its own confidentiality clause that governs information shared during the engagement itself. For an established marketing relationship, the marketing agreement's confidentiality clause is the governing document — a standalone NDA is most useful at the pre-contract evaluation stage.",{"use_template":468,"template_plus_review":472,"custom_drafted":476},{"best_for":469,"cost":470,"time":471},"Small businesses and freelancers entering standard domestic marketing engagements with modest budgets","Free","30–60 minutes",{"best_for":473,"cost":474,"time":475},"Retainer engagements over $50K annually, exclusivity clauses, or multi-jurisdiction providers","$300–$800","2–4 days",{"best_for":477,"cost":478,"time":479},"Large agency relationships with significant media budgets, regulated industries, or cross-border engagements requiring multi-jurisdiction compliance","$1,500–$4,000+","1–3 weeks",[481,486,491,496],{"code":482,"name":483,"flag_asset_id":484,"note":485},"us","United States","flag-us","US marketing agreements are governed primarily by state contract law, which varies on enforceability of non-competes and exclusivity clauses — California, for example, voids most post-engagement non-solicitation of clients. The FTC's Endorsement Guides impose disclosure obligations on influencer and testimonial campaigns that should be incorporated by reference. Copyright ownership defaults to the creator under the Copyright Act unless a written work-made-for-hire agreement is in place.",{"code":487,"name":488,"flag_asset_id":489,"note":490},"ca","Canada","flag-ca","Canadian marketing agreements must comply with CASL (Canada's Anti-Spam Legislation) when the engagement involves email marketing — the provider must understand consent obligations and document them. Quebec contracts for provincially-regulated businesses must be in French or bilingual. Moral rights of creators under the Copyright Act cannot be assigned — only waived — so the agreement should include an explicit moral rights waiver.",{"code":492,"name":493,"flag_asset_id":494,"note":495},"uk","United Kingdom","flag-uk","UK marketing agreements must comply with ASA (Advertising Standards Authority) codes and CAP rules, particularly for digital and influencer content. The UK GDPR and Data Protection Act 2018 apply when the provider processes any personal data on behalf of the client — a data processing addendum is typically required. Post-Brexit, UK contracts may no longer rely on EU cross-border data transfer mechanisms and must address UK-specific adequacy decisions.",{"code":497,"name":498,"flag_asset_id":499,"note":500},"eu","European Union","flag-eu","GDPR compliance is the primary consideration for EU marketing agreements — any processing of personal data (including targeting and analytics) requires a Data Processing Agreement under Article 28. The EU's Digital Services Act and Digital Markets Act impose additional obligations on digital advertising transparency. Member state advertising regulations vary: Germany's UWG (Unfair Competition Act) is notably strict on comparative and testimonial advertising. Moral rights are strongly protected in France and Germany and cannot be fully waived.",[240,455,458,465,502,232,503,504,505,248,506,507],"consulting-agreement---long-D12543","affiliate-purchase-agreement-D12818","statement-of-work-D12981","intellectual-property-assignment-D5229","marketing-plan-D1366","sales-invoice-D383",{"emit_how_to":189,"emit_defined_term":189},{"primary_folder":93,"secondary_folder":510,"document_type":511,"industry":512,"business_stage":513,"tags":514,"confidence":519},"services-and-consulting","agreement","general","all-stages",[515,516,517,518],"contract","legal","marketing-agreement","services-agreement",0.95,"\u003Ch2>What is a Marketing Agreement?\u003C/h2>\n\u003Cp>A \u003Cstrong>Marketing Agreement\u003C/strong> is a legally binding contract between a business and a marketing service provider — an agency, consultant, or freelancer — that governs every material dimension of the engagement: scope of services and deliverables, fees and payment schedule, ownership of creative assets, brand license terms, confidentiality obligations, exclusivity restrictions, and termination rights. Unlike an informal email exchange or a one-page proposal, a properly drafted marketing agreement creates enforceable obligations on both sides and eliminates the ambiguity that causes the majority of marketing relationship disputes — disagreements over who owns the deliverables, who controls the ad budget, and what happens when the relationship ends.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a signed marketing agreement, you are exposed on several fronts before a single campaign goes live. Creative assets produced by a freelancer or agency remain their intellectual property by default in most jurisdictions — meaning you cannot legally use the work you paid for if the relationship deteriorates. Third-party ad spend managed without a written authorization clause leaves both parties uncertain about liability for budget overruns or platform policy violations. A departing agency has no legal obligation to hand over ad account credentials, analytics access, or campaign data unless the contract says so, and recovering those assets without legal recourse can take weeks and cost more than the original engagement. A well-prepared marketing agreement resolves all of these risks before work begins — and this template gives you a professionally structured starting point you can complete in under an hour.\u003C/p>\n",1778696271089]