Marketing Agreement - free legal template between marketer and client

MARKETING AGREEMENT

This Marketing Agreement (hereinafter referred to as the "Agreement") is made and effective [effective date] (the “Effective Date”),

SERVICES PROVIDED

The Marketer agrees to provide the following services (referred to as the "Services"):

[description one]

[description two]

[description three]

[description four]

[description five]

[description six]

The Parties agree that the Services must be completed by .

PAYMENT AND FEES

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 .

TERMS

This Agreement shall be effective on the date of signing (the "Effective Date") and will end on .

TERMINATION

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.

CONFIDENTIALITY

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.

RELATIONSHIP BETWEEN PARTIES

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.

OWNERSHIP

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.

INTELLECTUAL PROPERTY

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.

Upon termination of this Agreement, the Marketer agrees to refrain from using the aforementioned intellectual property.

LIMITATION OF LIABILITY

Under no circumstances will either Party be liable for any indirect, special, consequential, or punitive damages, including lost profits, arising out of or relating to this Agreement or the transactions it entails, except when such damages result directly from a Party's negligence or breach.

AMENDMENTS

The Parties agree that any amendments made to this Agreement must be made in writing and signed by both Parties.

Any amendments made by the Parties will be applied to this Agreement.

ASSIGNMENT

The Parties agree not to assign any responsibilities in this Agreement to a third party without the written consent of both Parties.

ALTERNATIVE DISPUTE RESOLUTION

Any disputes arising from this Agreement shall be submitted to .

(Arbitration/Mediation/Negotiation) (choose one), in accordance with the laws of .

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties regarding the subject matter herein and supersedes all prior agreements, understandings, inducements, and conditions, whether expressed, implied, oral, written, or of any nature whatsoever.

SEVERABILITY

If any provision of this Agreement is found to be void or unenforceable by a court of competent jurisdiction, the remaining provisions shall still be enforced, in accordance with the Parties' intent.

SIGNATURE AND DATE

The Parties hereby agree to the terms and conditions set forth in this Agreement by signing below: