Alabama marketing service contract template

Alabama Marketing Service Contract

This Alabama Marketing Service Contract (the “Agreement”) is made and entered into as of [Date], by and between:

[Marketing Service Provider Name], a [State] [Entity Type], with its principal place of business at [Address] (“Provider”), and email address [Email Address] and phone number [Phone Number]; and

[Client Name], a [State] [Entity Type], with its principal place of business at [Address] (“Client”), and email address [Email Address] and phone number [Phone Number].

1. Scope of Marketing Services

Provider agrees to provide Client with the following marketing services (the “Services”):

Option A: Digital Marketing Strategy:

Development of a comprehensive digital marketing strategy tailored to Client's industry and business goals in Alabama.

Option B: Social Media Management:

Management of Client’s social media accounts, including content creation, posting, and community engagement.

Option C: Content Creation:

Creation of written, visual, and video content for Client's marketing channels.

Option D: Pay-Per-Click (PPC) Campaigns:

Management of Client’s PPC campaigns on platforms such as Google Ads and Bing Ads.

Option E: Email Marketing:

Design and execution of email marketing campaigns, including list management and analytics.

Option F: Traditional Advertising:

Planning and placement of traditional advertising such as print, radio, or television ads.

Option G: Market Research:

Conducting market research to identify target audiences and market trends in Alabama.

Option H: Analytics Reporting:

Providing regular analytics reports on the performance of marketing campaigns.

Option I: Branding:

Development and maintenance of Client's brand identity.

2. Performance Standards and Deliverables

Option A: Key Performance Indicators (KPIs):

The success of the Services will be measured by the following KPIs: [List KPIs].

Option B: Deliverables:

Provider will deliver the following deliverables: [List Deliverables, e.g., Campaign launch schedules, ad creatives, analytics reports, social posts].

Option C: Approval Process:

Client shall approve all deliverables within [Number] days of submission.

Option D: Progress Reports:

Provider will provide Client with progress reports on a [Frequency, e.g., weekly, monthly] basis in [Format, e.g., written, video conference].

3. Client Obligations

Option A: Feedback:

Client shall provide timely feedback on all deliverables.

Option B: Materials:

Client shall provide Provider with existing marketing materials and access to necessary platforms and data.

Option C: Approval Timelines:

Client shall adhere to the approval timelines outlined in Section 2.

4. Geographic Targeting and Compliance

Option A: Geographic Focus:

The Services will primarily focus on the [Specific region of Alabama, e.g., Birmingham metropolitan area].

Option B: Platform/Channels:

The Services will primarily be conducted on the following platforms: [list of platforms].

Option C: Compliance:

All marketing activities will comply with applicable Alabama state and federal advertising laws, including the Alabama Deceptive Trade Practices Act and CAN-SPAM regulations.

5. Project Timeline

Option A: Key Milestones:

The project timeline includes the following key milestones: [List Milestones and Deadlines].

Option B: Campaign Launch Dates:

Campaign launch dates will be determined in consultation with Client.

6. Service Fees and Payment

Option A: Fee Structure:

Option 1: Flat Fee: The fee for the Services is a flat fee of [Dollar Amount].

Option 2: Retainer: The fee for the Services is a monthly retainer of [Dollar Amount].

Option 3: Performance-Based: The fee for the Services will be based on performance as follows: [Describe Performance Metrics and Payment Structure].

Option B: Payment Terms:

Client shall pay Provider within [Number] days of invoice date.

Option C: Accepted Payment Methods:

Provider accepts the following payment methods: [List Payment Methods, e.g., Check, Credit Card, Wire Transfer].

Option D: Taxes:

Client is responsible for all applicable Alabama sales and use taxes.

Option E: Additional Expenses:

Additional expenses, such as advertising budgets, will be pre-approved by Client.

7. Intellectual Property

Option A: Ownership:

Option 1: Client Ownership: All intellectual property rights in campaign materials, ad creatives, and content created by Provider shall transfer to Client upon final payment.

Option 2: Provider Ownership: Provider retains ownership of intellectual property rights in campaign materials, ad creatives, and content created by Provider. Client shall have a license to use such materials for the duration of this Agreement.

Option B: Client Logos:

Provider may use Client’s logos and trademarks in its portfolio with Client’s prior written consent.

8. Compliance with Laws

Option A: Advertising Laws:

Provider shall comply with all applicable Alabama and federal advertising laws, including the Alabama Deceptive Trade Practices Act.

Option B: Data Privacy:

Provider shall comply with all applicable data privacy laws, including the Alabama Personal Information Protection Act.

Option C: CAN-SPAM Act:

Provider shall comply with the CAN-SPAM Act for all email marketing activities.

9. Confidentiality

Option A: Confidential Information:

Both parties agree to hold confidential all proprietary and non-public information of the other party.

Option B: Survival:

This confidentiality obligation shall survive termination of this Agreement for a period of [Number] years.

10. Data Protection and Privacy

Option A: Privacy Notice:

If handling consumer personal information, Provider shall provide Client with a compliant Alabama-specific privacy notice.

Option B: Security:

Provider shall maintain reasonable security measures to protect consumer personal information.

11. Warranty

Option A: Original Work:

Provider warrants that all creative work is original and does not infringe on any third-party rights.

Option B: Licensing:

Provider warrants that it has obtained all necessary licenses for use of stock images, music, or third-party content.

12. Insurance

Option A: Insurance Requirement:

Provider shall maintain commercial liability insurance with a minimum coverage of [Dollar Amount].

Option B: No Insurance Requirement:

Provider is not required to maintain commercial liability insurance.

13. Limitation of Liability

Option A: Maximum Liability:

Provider’s liability under this Agreement shall be limited to the amount of fees paid by Client to Provider.

Option B: Exclusion of Damages:

Provider shall not be liable for any indirect, consequential, or incidental damages.

14. Amendments

Option A: Written Amendments:

This Agreement may be amended only by a written instrument signed by both parties.

15. Quality Assurance

Option A: Review Periods:

Client shall have [Number] days to review each deliverable.

Option B: Issue Resolution:

Any issues with the Services shall be resolved through good faith negotiations.

16. Dispute Resolution

Option A: Negotiation:

The parties shall first attempt to resolve any disputes through negotiation.

Option B: Mediation:

If negotiation fails, the parties shall attempt to resolve the dispute through mediation in [City, Alabama].

Option C: Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama.

17. Non-Compete/Non-Solicitation

Option A: Non-Compete:

Provider shall not compete with Client in [Specific Industry] within [Specific Geographic Area in Alabama] for a period of [Number] years after termination of this Agreement.

Option B: Non-Solicitation:

Provider shall not solicit Client’s employees or customers for a period of [Number] years after termination of this Agreement.

18. Termination

Option A: Termination for Convenience:

Either party may terminate this Agreement for convenience upon [Number] days’ written notice.

Option B: Termination for Breach:

Either party may terminate this Agreement for breach if the other party fails to cure the breach within [Number] days’ written notice.

19. Remedies

Option A: Liquidated Damages:

In the event of breach, the breaching party shall pay liquidated damages of [Dollar Amount]. (Note: Liquidated damages clauses are subject to Alabama law and may not be enforceable in all cases.)

Option B: Injunctive Relief:

The non-breaching party shall be entitled to injunctive relief to prevent further breach.

20. Force Majeure

Option A: Excused Performance:

Neither party shall be liable for any failure to perform its obligations under this Agreement due to force majeure events.

21. Audit and Record-Keeping

Option A: Advertising Budget Audit:

If handling Client’s advertising budget, Provider shall maintain accurate records of all expenditures and provide Client with an audit upon request.

22. Assignment

Option A: No Assignment:

Neither party may assign this Agreement without the prior written consent of the other party.

23. Severability

Option A: Severable Provisions:

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

24. Entire Agreement

Option A: Complete Agreement:

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

25. Electronic Signature

Option A: Electronic Signature Accepted:

This Agreement may be executed in counterparts and by electronic signature, which shall be deemed an original for all purposes.

26. Alabama Consumer Notice (If Applicable)

Option A: Right to Cancel:

If Client qualifies as a consumer under Alabama law, Client may have the right to cancel this Agreement within [Number] days of signing. [Include specific cancellation instructions as required by Alabama law.]

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Marketing Service Provider Name]

By: [Name]

Title: [Title]

[Client Name]

By: [Name]

Title: [Title]