
Adam Frankel
General Counsel · Technology & AI
15+ years as General Counsel to technology, cloud & AI companies
This document is a Marketing Agreement template designed for use between a client and a marketer. It outlines the scope of services, payment terms, confidentiality obligations, intellectual property ownership, and conditions for termination. The template provides a structured framework for formalizing a marketing service relationship.
This Marketing Agreement (hereinafter referred to as the "Agreement") is made and effective [EFFECTIVE DATE] (the “Effective Date”),
BY AND BETWEEN: | [CLIENT NAME], with an address of [CLIENT ADDRESS], hereinafter referred to as the “Client”. |
BY AND BETWEEN: | [CLIENT NAME], with an address of [CLIENT ADDRESS], hereinafter referred to as the “Client”. |
AND: | [MARKETER NAME], with an address of [MARKETER ADDRESS], hereinafter referred to as the “Marketer”, collectively referred to as the “Parties”. |
The Marketer agrees to provide the following services (referred to as the "Services"):
The Parties agree that the Services must be completed by ________________.
The Parties agree that the total cost of the Services will be ________________.
Specifically, ________________ will be paid upon signing this Agreement, and ________________ will be paid upon completion.
The Parties agree that the Marketer will provide an invoice to the Client every ________________ days upon the completion of the Services.
The Marketer agrees to obtain consent from the Client prior to making a purchase if an expense exceeds ________________.
The Parties agree that the means of payment will be through ________________.
This Agreement shall be effective on the date of signing (the "Effective Date") and will end on ________________.
This Agreement may be terminated under the following circumstances:
This Agreement will be terminated immediately if either Party breaches the Agreement. Specifically, it will also be terminated if a Party breaches a condition in this Agreement and fails to rectify it within ________________ days.
Either Party may terminate this Agreement by providing written notice ________________ days prior to the termination date.
This Agreement will automatically be terminated when both Parties have fulfilled their obligations.
All terms and conditions of this Agreement, including any confidential information exchanged between the Parties, must be kept confidential unless disclosure is required by law.
The Parties are strictly prohibited from disclosing or using this information for any purpose beyond the scope of this Agreement without prior consent.
The obligation to maintain confidentiality will survive the termination of this Agreement and remain in effect indefinitely.
The Parties agree that the Marketer is an independent contractor providing services under this Agreement and does not qualify as an employee under any circumstances.
This Agreement does not create a partnership or any other business relationship between the Parties.
Both Parties are entitled to enter into agreements with other parties as this Agreement does not establish exclusivity.
The Parties agree that all products created by the Marketer will remain the exclusive property of the Client as long as they are relevant to the performance of the Services outlined in this Agreement.
The Marketer acknowledges that any intellectual property provided by the Client will remain the sole property of the Client, including but not limited to copyrights, patents, trade secret rights, and other intellectual property rights associated with ideas, concepts, techniques, inventions, processes, works of authorship, Confidential Information, or trade secrets.
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