Marketing Contract

Description

Marketing Contract

This Marketing Contract (hereinafter referred to as the “Contract“) is made and entered into on [Start Date] ,

By and Between

[Sender Company] (hereinafter referred to as the “Company”) having its registered office at [Sender Company Office Address], and;

[Client Company] (hereinafter referred to as the “Client”) having its registered office at [Client Company Office Address].

The Company and Client are individually referred to as “Party” and collectively as “Parties”.

WHEREAS the Client wishes to engage the Company to market, promote, and sell its product, and the Company agrees to provide the same according to the terms and conditions of this Contract.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the adequacy and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows:

Terms and Conditions

The following terms and conditions shall prevail under any circumstrances.

1. Scope of Work

During the term of the Contract, the Company shall perform services for Client in connection with the planning, provision, research, advertising, marketing, consulting, and/or digital marketing services. The Company shall provide the following services (“Services”) to the Client:

Plan and provide a branding strategy for Client

Create upgraded label designs for the current packaging of the Clients’ products

Promote product on social media

[Add service]

If the Client wishes to assign additional projects to the Company beyond the Services outlined in the scope of work, the Company agrees to accept such projects only upon an additional compensation to be paid to the Company.

2. Term

This Contract shall start on the Effective Date and shall continue for a time period of [Time Period] unless otherwise extended with the mutual agreement of both the Parties.

3. Fees

In consideration of the Services provided by the Company, the Client agrees to pay the Company a flat monthly fee of $[0.00].

The Client shall reimburse the Company for reasonable out-of-pocket travel expenses, including transportation, lodging, mileage, and meals incurred in rendering Services (collectively “Expenses”).

4. Intellectual Property Rights

All intellectual property rights arising out of the Services rendered to the Client exclusively shall become the property of the Client upon completion of payment to the Company.

All rights, title and interest that the parties owned prior to the Effective Date, that is created, developed or used in the performance of this Contract, shall at all times remain owned by the respective parties.

5. Exclusivity

For the term of this Contract, the Company shall have the exclusive rights to market the products/services of the Client.

6. License

The Client shall grant the Company, a non-exclusive, non-transferable, royalty-free license to use the Client’s trade names, logos, trademarks, etc. in order to perform the Services.

7. Sub-Contractor

The Client acknowledges that the Company, in the rendition of the Services hereunder, may engage third party suppliers and subcontractors (“Subcontractors”) from time to time to provide certain services.

8. Representations and Warranties

The Company hereby represents to have the expertise, knowledge, experience, and all the mandatory licenses, certificates, and permits needed to render the said Services.

Both the Parties agree to uphold all the laws and legal requirements of the state of [State] .

In addition, the Company shall conform to moral, ethical, and relevant professional standards pertaining to the delivery of Services in course of executing all the obligations and Services under this Contract.

The Company warrants to render the said Services in the most efficient and timely manner.

The Company shall take special care that all the roles and responsibilities undertaken as per the terms and conditions of this Contract are executed while providing the Services.

The Client acknowledges that the Company shall not be held responsible for any hindrance which is out of the scope and responsibility of the Company to control or avoid.

9. Reporting

The Company shall keep the Client informed with respect to the work being carried on to render the Services with updated reports on a monthly basis. Both Parties agree to conduct a [Weekly/bi-weekly/monthly] meeting to discuss this report and any upcoming tasks related to this Contract.

10. Confidentiality

The Parties to this Contract agree that each shall treat all information as confidential provided by a Party to the other during the term of this Contract. All confidential information provided by a Party hereto shall be used by the other Party solely for the purposes of rendering services pursuant to this Contract and, shall not be disclosed to any third party without the prior consent of such providing Party.

11. Termination

Either Party may terminate this Contract if any Party fails to perform any of its obligations under this Contract or if there is a breach of any the warranties provided herein, and if such failure is not cured within [Number of days] days (unless extended by the Party) after written notice to the Party at fault, the Parties shall be entitled to seek and obtain all remedies available to it in law.

This Contract may be terminated by either party, with or without cause, by [Number of Days] prior written notice to the other party.

Upon expiration or termination of this Contract for any reason, each party shall promptly return to the other party all documents and other material containing confidential information.

12. Indemnification

The Client agrees to indemnify the Company from and against any claim, damages, cost, loss, expense, or any kind of liability arising out of or in connection with this Contract for any act or non-performance of an act by the Client as per the terms and conditions herein.

13. Limitation of liability

Neither Party shall be liable to the other party for indirect, special, or consequential damages arising out of this Contract hereunder, including but not limited to loss of profits or equipment, or other costs.

14. Relationship of Parties

The Client hires the Company as an Independent Contractor under this Contract. The Client and the Company shall not establish any partnership, joint venture, or employer-employee relationship.

15. Arbitration

In the event of any dispute arising in and out of this Contract between the Parties, it shall be resolved by Arbitration. There shall be [Number of Arbitrators] Arbitrators which shall be appointed by [Party Name]. The venue of Arbitration shall be [Venue/Location of Arbitration] and seat shall be [Seat]. The Arbitrators’ decision shall be final and will be binding on both the Parties.

16. Miscellaneous

Assignability: Neither Party may assign this Contract or the rights and obligations thereunder to any third party without the prior express written approval of the other Party which shall not be unreasonably withheld.

Governing Law: The Parties agree that this Contract shall be governed by the laws of [State] . In the event the Parties do business in different states, this Contract shall be governed by the laws of [State] .

Severability: In the event, any provision of this Contract is deemed to be invalid or unenforceable, in the whole or part, that part shall be severed from the remainder of this Contract, and all other provisions shall remain in full force and effect as valid and enforceable.

Amendments: No modification or waiver of the provisions of this Contract shall be valid or binding on either Party unless in writing and signed by both Parties.

Force Majeure: Neither of the Parties will be liable for failure or delay to perform obligations under this Contract, which have become practicably impossible because of circumstances beyond the reasonable control of the applicable Party.

Entire Contract: The Parties acknowledge that this Contract sets forth and represents the entire contract between both parties. If the Parties are willing to change/add/modify any terms, they shall be in writing and signed by both Parties.

Notices: Any notices required or permitted by this Contract shall be in writing and delivered by certified mail or courier to the mentioned addresses of the Parties respectively.

Acceptance and Signature

IN WITNESS THEREOF, the Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:

[Sender Company]

[Client Company]

Signature

Assign signer 1

Name

Assign signer 1

Date

Assign signer 1

Signature

Assign signer 2

Name

Choosing the right marketing agency or marketing consultant can be a challenging task! But, once the right agency is found, it might be very tempting to move forward and start working. However, before availing such services, it is essential to take some time and sign a contract with the agency. With a contract in hand, both parties can be clear about their roles and responsibilities.

What is a marketing contract?

A marketing contract is a legally binding document signed between the marketing agency (or marketer, or independent contractor) and the client (or company) who wants to avail the marketing services.

It is also known as a joint marketing agreement. This contract sets forth all the terms and conditions under which the marketing agency will help the client or company to market their goods or services to potential customers.

These marketing services can either be traditional marketing (using print, broadcast, or outdoor advertising) or digital marketing (through online platforms, like social media marketing or search engine optimization), or both. All of this depends on the client and their requirements.

What are the important elements of a marketing contract?

When a marketing agency agrees to provide a set of marketing services to the client, it becomes essential that both parties should have a brief knowledge about what they should expect from each other. Having a marketing contract will help streamline all the terms and conditions that both parties agree to. While signing a contract, both parties should be aware of some basic terms of this agreement, those are:

The contract should identify parties and include all the related details
It specifies the services that the client should get
It sets out clear and detailed payment terms
Explains the roles and responsibilities of both parties
Maintains confidentiality
Briefs about how to resolve disputes

Benefits of having a marketing contract

Having a marketing contract in place makes sure that everything is clear between both parties and prevents the chances of misunderstandings. With a marketing contract in hand, the marketing agency can be assured that the payment will be made on time, and the client will be assured that the work will be delivered on time.

Apart from this, there are other benefits of signing a contract, and those are:

Defines the services: Usually, all the services provided by the marketing agency are listed out in a contract. This helps both the client and the agency get a brief idea of the client’s services.
Expectations and responsibilities: A contract is not just about the terms and conditions. It also clearly states both parties’ responsibilities and the expectations they should have from each other.
Payment terms: All the payment terms and methods are mentioned in a contract, making it easy for both the marketing agency and the client to know about the amount, when to make the payment, and how to make it.
Business relationship: A prior written consent helps to establish a better relationship between the marketer and the client. Even if there is any miscommunication, a contract will guide the parties to know how to resolve the problem and, if needed, how they can take suitable legal action.

How should you draft a marketing contract?

A contract contains a variety of terms that helps to protect the interest of the parties in it. Except for certain standard clauses, the rest all terms vary depending on the type of contract. Similarly, a marketing contract also includes certain clauses that can be new and tricky to understand. Below are such elements (or clauses) that are important in a marketing contract.

Scope of work: This clause specifies all the marketing services that the marketer or the marketing agency should provide to the client or company. It talks about marketing plans, strategies, creative concepts, marketing materials, and deliverables for marketing campaigns.
Timeline details: Timeline is an important element included in a marketing contract. The marketing agency or the marketer might not have exclusive rights to provide their marketing services to the same client for lifelong. This clause specifies the effective date of the contract and timeline to deliver the agreed-upon work by the marketing agency.
Payment: This term clarifies the overall amount that the client should pay to the marketing agency. It can be a monthly payment or a per-service payment. It also talks about the payment methods, under how many business days it will be made and other important details.
Exclusivity: Under this clause, the marketing agency or the consultant will get the exclusive rights to sell or market the client’s product or service to the customers. Sometimes, it clarifies that no other agency will be hired to market the same product or service following the contract’s stipulated period.
Proprietary information: It specifies that all the confidential information and trade secrets that the marketer or the client might be exposed to in their business tenure should not be disclosed to a third party.
Cancellation: A cancellation is helpful when either party wants to cancel the contract before the agreed period. It outlines the terms under which the contract can be terminated and how the outstanding work should proceed.
Intellectual property rights: This clause talks about the intellectual property that the marketing agency possesses. According to this term unless it is mentioned in the contract the intellectual property will remain in the interest of the marketing agency.
Limitation of liability: Under this clause, no party is liable for injury, accidents, or damages (usually, lost profits or revenue) of the other party under this contract.
Relationship: It gives a brief description of the client and the marketer’s relationship like they can’t form an employee-employer relation or a joint venture or partnership under the contract.
Severability: If any provision of this agreement is held invalid or unenforceable by the court, according to this clause the remaining provisions of the contract will remain in full force and effect.
Miscellaneous: Apart from the above clauses, certain terms should be present in a marketing contract and those are the governing law (like under which applicable laws of the state the contract is enforceable), force majeure, and waiver.

Effective ways of using a marketing contract

A marketing contract is a legal document that can be used as leverage during difficult times. Here are a few effective ways of using a marketing contract that helps secure the business relationship:

A client can follow-up with the marketer from time to time
The client can easily raise any query and the agency has to respond to it
Under the terms of the contract, the marketing agency can suggest effective ways to achieve the goals

Use Revv for marketing contracts.

Drafting a contract or using legal help for this, can be an expensive and hectic task. Agencies and marketers might end up, spending more time on contract drafting than using it effectively in planning for the client’s project.

To help agencies in such situations and streamline the documentation process, Revv has pre-drafted and easily customizable marketing contract templates. These marketing agreement templates can also be built from scratch according to the client’s or marketing agencies’ requirements.

All the templates at Revv have an in-built eSignature option that can be signed by multiple users at a time, from any place and any device in the world.

Not just that, using Revv, payment methods can be integrated directly in the templates. The marketer has to add the payment block in the document, integrate it with either Stripe or PayPal and send it for acceptance. Once the payment is made, it will reflect in the concerned person’s or agency’s Stripe or PayPal account.

To avail more such features, signup to Revv and start using it!