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Suitable for every state or locality, a Marketing Consulting Contract is an effective way for marketing professionals to record the terms of their arrangements with a client. When it is drafted properly, this contract can limit the number of conflicts between the signers. As a Rocket Lawyer member, you may opt to access Document Defense®, which enables a lawyer to help you get paid or enforce your legal rights.
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MARKETING CONSULTING AGREEMENT
This Marketing Consulting Agreement (the "Agreement") is made effective as of , by and between (""), of , , , and (""), of , , .
has a background in marketing and is willing to provide services to based on this background.
desires to have services provided by .
Therefore, the parties agree as follows:
. DESCRIPTION OF SERVICES. Beginning on , will provide the following services (collectively, the "Services"):
. PERFORMANCE OF SERVICES.
| a. | shall implement plans and strategies that help sell its products or services. |
| b. | shall conduct research to know the consumer behavior and what motivates consumers' purchase of a product. shall use that research to design approaches specific to 's needs. |
| c. | shall interact with the sales and product teams to determine the marketing strategy. |
| d. | shall take steps to organize marketing events like exhibitions, competitions, road shows, seminars. |
| e. | shall work with the public relations team to review branding, positioning of 's ads to make sure that the ads have an impact on the public. |
The manner in which the Services are to be performed and the specific hours to be worked by shall be determined by . will rely on to work as many hours as may be reasonably necessary to fulfill 's obligations under this Agreement.
. COMMISSION PAYMENTS. In addition to the payments under the preceding paragraph, will make commission payments to based on of . For the purposes of this Agreement, means
. EXPENSE REIMBURSEMENT. shall pay all "out-of-pocket" expenses, and shall not be entitled to reimbursement from .be entitled to reimbursement from for all "out-of-pocket" expenses.be entitled to reimbursement from for the following "out-of-pocket" expenses:
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. TERM/TERMINATION. This Agreement shall terminate automatically upon completion by of the Services required by this Agreement.shall terminate automatically on .may be terminated by either party upon days' written notice to the other party.shall be effective for a period of and shall automatically renew for successive terms of the same duration, unless either party provides days' written notice to the other party prior to the termination of the applicable initial term or renewal term.
. RELATIONSHIP OF PARTIES. It is understood by the parties that is an independent contractor with respect to , and not an employee of . will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of .
. DISCLOSURE. is required to disclose any outside activities or interests, including ownership or participation in the development of prior inventions, that conflict or may conflict with the best interests of . Prompt disclosure is required under this paragraph if the activity or interest is related, directly or indirectly, to:
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. EMPLOYEES. 's employees, if any, who perform services for under this Agreement shall also be bound by the provisions of this Agreement. At the request of , shall provide adequate evidence that such persons are 's employees.
. INDEMNIFICATION. agrees to indemnify and hold harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against that result from the acts or omissions of , 's employees, if any, and 's agents.
. ASSIGNMENT. 's obligations under this Agreement may not be assigned or transferred to any other person, firm, or corporation without the prior written consent of .
. INTELLECTUAL PROPERTY. The following provisions shall apply with respect to copyrightable works, ideas, discoveries, inventions, applications for patents, and patents (collectively, "Intellectual Property"):
Consultant's Intellectual Property. personally holds an interest in the Intellectual Property that is described on the attached Exhibit A and which is not subject to this Agreement.does not personally hold any interest in any Intellectual Property.
. CONFIDENTIALITY. recognizes that has and will have the following information:
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and other proprietary information (collectively, "Information") which are valuable, special and unique assets of and need to be protected from improper disclosure. In consideration for the disclosure of the Information, agrees that will not at any time or in any manner, either directly or indirectly, use any Information for 's own benefit, or divulge, disclose, or communicate in any manner any Information to any third party without the prior written consent of . will protect the Information and treat it as strictly confidential. A violation of this paragraph shall be a material violation of this Agreement.
. RETURN OF RECORDS. Upon termination of this Agreement, shall deliver all records, notes, data, memoranda, models, and equipment of any nature that are in 's possession or under 's control and that are 's property or relate to 's business.
. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
IF for :
,
IF for :
,
Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above.
. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Commonwealth of .
. SIGNATORIES. This Agreement shall be signed on behalf of by , and on behalf of by , and effective as of the date first written above.
Party Receiving Services:
| By: | Date: |
Party Providing Services:
| By: | Date: |
EXHIBIT A
Intellectual Property
Final Checklist for Marketing Consulting Agreement
Client:
Consultant:
Make It Legal
| _____ | Look over the Agreement to ensure it matches your intentions. If you need to make changes to the Agreement outside of the interview, you will be able to make changes online in the Document Manager at the end of the process or downloaded to any word processor. |
| _____ | Use the easy e-signature service to sign electronically without having to print, sign and deliver hard copies. Or, print and sign hard copies of your Agreement in duplicate. |
| _____ | Share or deliver a copy of the Agreement to the other Party. |
Copies
| _____ | Keep a copy of all documents for your own records and in case there is a problem. |
| _____ | Each Party should receive an original signed copy of the Agreement. Your copy should be kept in a safe place. If you signed a paper copy of your document, you can use Rocket Lawyer to store and share it. Safe and secure in your Rocket Lawyer File Manager, you can access it any time from any computer, as well as share it for future reference. |
| _____ | Exhibit A - Intellectual Property will be attached. |
Other Information
| * | This document may be signed electronically (e-signed). If signing by hand, it is not necessary that the signatures be witnessed or notarized. |
| * | The Marketing Consulting Agreement should only be used for a party who is an "independent contractor" with respect to the Company. If the arrangement between the Client and the Consultant conforms more closely to the characteristics of an employee/employer relationship, the Employment Agreement may be more appropriate. |
Reasons to Update
| * | Change in the terms or conditions of the Agreement. |
Members can always consult an attorney at no extra cost!
| * | If you have quick questions or wish to review this document with an attorney, you can do so for free. Rocket Lawyer's On Call® service makes it fast and easy to speak with a local attorney. Get started by visiting the Find a Lawyer tab on our site, or calling (866) 243-2183. |
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Regardless of the type of work you are doing as a marketer, you should always consider making a Marketing Consulting Contract. The benefits shown here might help you make the decision to use one:
If you don't have a Marketing Contract, you and/or the client may have to manage these consequences: unclear timelines, challenges collecting payment, unexpected changes, worse service quality, and barely any ability to make demands if disputes arise.
Before getting started, you may want to organize the following details:
As you might expect for an agreement like this, any Marketing Consulting Contract that you build using Rocket Lawyer will also contain the standard legal language regarding the non-employment relationship, restitution for losses, and dispute resolution methods. During the process of building your contract, you'll also be able to pick which state's jurisdiction it will fall under. Additional alterations are permitted, as well.
The cost of working with a law firm could be anywhere between hundreds of dollars per hour to thousands in total. As a marketing professional who is planning to draft your free document with Rocket Lawyer, please use these instructions. Prior to signing your contract, you can also have it looked over by a lawyer in our nationwide attorney network.
If you've got any hesitations or questions about getting started, ask a lawyer , or explore the other business documents in our library.
In order to turn the drafted document into a legally binding contract, you will need to sign it. RocketSign® enables you to collect signatures online easily. Afterward, be sure to provide a copy of the signed agreement to the client. With a Premium membership, you also may make copies, print it out, and/or download it as a Word document or PDF file as necessary.
Depending on who is contacted, some attorneys may not even agree to review a contract that they didn't draft. A better approach to consider is to request help from the Rocket Lawyer attorney network. If you sign up for a Premium membership, you can ask for a document review from an Rocket Lawyer network attorney with business experience or ask additional questions related to your Marketing Contract. We're here to support you.
