A Marketing Services Agreement is an agreement between a company (a client) and marketing consultant which sets out the engagement of the marketing by the client to provide expert advice on developing their marketing strategy including traditional and online marketing strategies, direct marketing campaigns, development of corporate identity and branding and the development of campaigns to launch new products.
MARKETING SERVICES AGREEMENT THIS MARKETING SERVICES AGREEMENT (the “Agreement‟) is made as of ____________________(“Effective Date”) between ____________________________ with an address at _______________________________________ (“CLIENT”) and ______________________________, with an address at ____________________________________ (“SERVICE PROVIDER”). RECITALS WHEREAS, the CLIENT is engaged in the business of inter alia manufacturing and supplying of [insert description of Products] (Products). WHEREAS, the SERVICE PROVIDER is engaged in the business of inter alia advising, directing and managing business methods and systems for marketing, promotion, and sales for companies and organizations. WHEREAS, the CLIENT wishes to obtain the services of SERVICE PROVIDER for the purpose of marketing and selling the Products. In consideration of the premises and mutual obligations contained herein, and intending to be legally bound, the parties hereto agree as follows: 1. MARKETING SERVICES. (a) SERVICE PROVIDER shall consult with and assist CLIENT in the execution of its branding strategy for the purpose of successfully differentiating CLIENT‟s products and services. SERVICE PROVIDER shall provide the services (“Marketing Services”) more particularly set forth in Appendix 1. (b) The foregoing services shall be performed in accordance to set milestones and deliverables, and be consistent with, the documented discussions CLIENT and SERVICE PROVIDER have had to date, and shall be subject to such performance measures for each stage of performance as the parties shall identify prior to commencement of each stage of Marketing Services. SERVICE PROVIDER will perform the Services in accordance with the procedures described on the PROCESS, in a timely and professional manner, consistent with industry standards, at a location, place and time that SERVICE PROVIDER deems appropriate, and all in accordance with the PROCESS, and this Agreement. The manner and means that SERVICE PROVIDER chooses to perform the Services are in SERVICE PROVIDER‟s sole discretion and control. (c) SERVICE PROVIDER, in consultation with CLIENT, will determine the method, details, and means of performing the work to be carried out for CLIENT. In addition, CLIENT shall be entitled to exercise a broad general power of supervision and control over the results of work performed by SERVICE PROVIDER to ensure satisfactory performance. This power of supervision shall include the right to inspect, stop work, make suggestions or recommendations as to the details of the work, and request modifications to the scope of the PROCESS. Modifications to the scope of the PROCESS by CLIENT resulting in additional services by the SERVICE PROVIDER shall be compensated accordingly. Modifications to the scope of the PROCESS by CLIENT resulting in the extension of the duration of any assignment will not limit the SERVICE PROVIDER to attain any bonus associated with said assignment. 2. COMPENSATION AND PAYMENT TERMS. (a) In consideration for SERVICE PROVIDER rendering the Marketing Services, CLIENT shall [Alternative 1] (i) pay $____ as advance deposit prior to SERVICE PROVIDER‟s commencement of Marketing Services, and (ii) pay $___ per month / per hour to be paid on the receipt of invoices from SERVICE PROVIDER on net [__] days terms. Such an advance deposit is non refundable. [Alternative 2] (i) pay a monthly retainer of $______ to be paid on the receipt of invoices from SERVICE PROVIDER on net [__] days terms. [Alternative 3] pay SERVICE PROVIDER in accordance with the Appendix 2 attached hereto. (b) SERVICE PROVIDER shall submit written, signed reports of the time spent performing Marketing Services, itemizing in reasonable detail the dates on which services were performed, the number of hours spent on such dates and a brief description of the services rendered. (c) CLIENT shall also reimburse SERVICE PROVIDER its reasonable out-of-pocket expenses in providing the Marketing Services. All such expenses are subject to prior approval by CLIENT and shall not exceed $___. Company will pay SERVICE PROVIDER for the following expenses incurred during the performance of Marketing Services. All travel expenses to and from all work sites; Meal expenses; Administrative expenses; Lodging Expenses if work demands overnight stays; and Miscellaneous travel-related expenses (parking and tolls). (d) Where payment of any amount due is not made on due date, the SERVICE PROVIDER, without prejudice to any other right or remedy it may have, shall be entitled to charge interest on the outstanding amount at a rate of 1.5% per month. Such interest shall be calculated from the due date for payment to the date of actual payment, both days inclusive, compounded monthly in arrears and the CLIENT agrees and undertakes to pay such interest, which it hereby accepts as fair and reasonable, on demand; and suspend the provision of Marketing Services or such portion thereof as the SERVICE PROVIDER in its sole discretion chooses until all payments in arrears have been paid in full. (e) By the last business day of each month, SERVICE PROVIDER shall submit for compensation due for the particular month. Each invoice should include, at a minimum: -invoice number; -the month during which Marketing Services have rendered; -description of the above; the agreed compensation rate; -any authorized and approved expenses pursuant to Clause 2 (c); -other disbursements pursuant to Clause 4. 3. MEDIA COMMISSION. For all advertising space engaged by SERVICE PROVIDER for CLIENT
Pages to are hidden for
"Marketing Services Agreement MARKETING SERVICES AGREEMENT THIS MARKETING SERVICES"Please download to view full document