Alaska marketing independent contractor agreement template

Alaska Marketing Independent Contractor Agreement

This Alaska Marketing Independent Contractor Agreement is made and entered into as of [Date], by and between:

[Client Full Legal Name], a [Client Business Entity Type, e.g., Alaska Corporation], with a physical/mailing address of [Client Address], phone number [Client Phone Number], email [Client Email], and Alaska Business License Number [Client Alaska Business License Number] (hereinafter "Client"), and

[Contractor Full Legal Name], a [Contractor Business Entity Type, e.g., Sole Proprietorship], with a physical/mailing address of [Contractor Address], phone number [Contractor Phone Number], email [Contractor Email], and Alaska Business License Number [Contractor Alaska Business License Number] (hereinafter "Contractor").

1. Scope of Services

Contractor agrees to provide the following marketing services to Client:

Option A: Specific Project

Contractor will perform the following services: [Detailed description of specific marketing services, including project scope, deliverables (campaign strategy, content creation, ad placement, analytics reporting, branding, market research), content approval processes, timelines, milestones, and key performance indicators (KPIs) reflecting result-driven marketing in Alaska industries (tourism, resource development, Native corporations, local companies). Specify project scope, target channels (digital, social, print, broadcast, event, influencer, etc.), campaign goals, deliverables, and KPIs.]

Option B: Ongoing Services

Contractor will perform ongoing marketing services as reasonably requested by Client, including but not limited to: [Detailed description of ongoing marketing services, including target channels (digital, social, print, broadcast, event, influencer, etc.)].

All marketing materials and content created by Contractor are subject to Client's final approval.

Contractor shall adhere to the following timelines and milestones: [Specify timelines and milestones].

2. Term and Termination

Option A: Fixed Term

The term of this Agreement shall commence on [Start Date] and shall continue until [End Date].

Option B: Ongoing Term

The term of this Agreement shall commence on [Start Date] and shall continue until terminated as provided herein.

Termination: Either party may terminate this Agreement upon [Number] days written notice to the other party.

Termination for Cause: Either party may terminate this Agreement immediately upon written notice if the other party materially breaches this Agreement. Material breach includes but is not limited to failure to comply with Alaska data security requirements, misrepresentation of qualifications, or failure to perform services as agreed.

Post-Termination Obligations: Upon termination, Contractor shall deliver all unfinished work to Client and return or destroy all confidential information.

3. Compensation

Option A: Project-Based

Client shall pay Contractor a total fee of [Dollar Amount] for the completion of the services described in Section 1.

Option B: Hourly Rate

Client shall pay Contractor an hourly rate of [Dollar Amount] per hour for services rendered.

Option C: Retainer

Client shall pay Contractor a monthly retainer of [Dollar Amount].

Option D: Commission

Client shall pay Contractor a commission of [Percentage]% based on [Description of basis for commission, e.g., gross sales].

Invoicing: Contractor shall submit invoices to Client on [Frequency, e.g., monthly].

Payment: Client shall pay Contractor within [Number] days of receipt of a valid invoice.

Late Payment: Late payments shall accrue interest at a rate of [Percentage]% per month, not to exceed the maximum rate permitted under Alaska usury laws.

Contractor is responsible for all self-employment and other taxes, including compliance with Alaska Department of Revenue and local sales/excise taxes (if relevant). Contractor is responsible for obtaining and maintaining all necessary Alaska business licenses and city/borough registrations.

4. Independent Contractor Status

Contractor is an independent contractor and is not an employee, agent, or partner of Client.

Contractor is not entitled to any employee benefits, including health insurance, paid leave, workers' compensation, or unemployment benefits under Alaska law.

Contractor is solely responsible for all federal, state, and local taxes.

Contractor will not be subject to Alaska unemployment insurance or workers' compensation.

5. Location and Travel

The principal work location for Contractor shall be [Specify location, e.g., remote, Client's Alaska office].

If travel within Alaska is required, Client shall reimburse Contractor for reasonable travel expenses, including per diem, accommodations, and transportation, in accordance with [Specify reimbursement policy].

6. Confidentiality and Data Security

Contractor shall maintain the confidentiality of all Client information and data, including customer information and proprietary content.

Contractor shall comply with all applicable Alaska and federal data security laws and regulations.

Contractor shall implement and maintain reasonable security measures to protect Client data from unauthorized access, use, or disclosure.

7. Intellectual Property

Option A: Work for Hire

All marketing materials, creative work, and campaign assets created by Contractor shall be considered "work for hire" and shall be owned exclusively by Client.

Option B: Licensing

Contractor grants Client a [Specify type of license, e.g., perpetual, irrevocable, non-exclusive] license to use the marketing materials, creative work, and campaign assets created by Contractor.

8. Subcontracting

Contractor shall not subcontract any of the services under this Agreement without the prior written consent of Client.

If subcontractors are used with Client's written consent, Contractor must disclose the identity of each subcontractor and ensure each subcontractor complies with the terms of this agreement.

9. Representations and Warranties

Contractor represents and warrants that they have the professional qualifications and experience necessary to perform the services under this Agreement.

Contractor represents and warrants that their performance of services will comply with all applicable Alaska marketing/advertising ethics and regulations, including the Alaska Commercial Electronic Mail Act.

Contractor warrants that they will obtain necessary permissions if targeting Alaska Native communities or utilizing culturally sensitive content.

10. Indemnification and Insurance

Contractor shall indemnify and hold harmless Client from any claims, damages, or liabilities arising out of Contractor's performance of services under this Agreement.

Contractor shall maintain commercial general liability insurance with a minimum coverage of [Dollar Amount]. If providing digital marketing services, Contractor shall also maintain cyber liability coverage.

Client shall be named as an additional insured if Contractor performs on-site activities in Alaska or uses Client property or resources.

11. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement due to force majeure events, including natural disasters, extreme weather (common in Alaska), or supply chain delays specific to remote Alaska logistics.

12. Compliance with Laws

Contractor shall comply with all federal and state laws applicable to advertising/marketing, consumer protection, intellectual property, and employment, including relevant Alaska regulations.

13. Reporting and Approval

Contractor shall provide regular performance reports to Client.

Client shall have review and approval rights for all external communications and advertising.

14. Equipment and Technology

Contractor shall be responsible for maintaining all necessary technology, equipment, and local registrations/licenses for their Alaska marketing practice.

15. Non-Solicitation and Non-Compete

During the term of this Agreement and for a period of [Number] months thereafter, Contractor shall not solicit Client's employees or customers.

During the term of this Agreement and for a period of [Number] months thereafter, Contractor shall not engage in any business that directly competes with Client within [Specify geographic area in Alaska, e.g., the Municipality of Anchorage]. These restrictions are reasonable in scope, duration, and geography, tailored to the marketing segment and the realities of Alaska’s marketplace.

16. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved through good-faith negotiation.

If negotiation fails, the parties shall attempt mediation or arbitration in [City, Alaska, e.g., Anchorage], Alaska.

This Agreement shall be governed by the laws of the State of Alaska.

17. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

18. Amendment

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

19. Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.

20. Severability

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

21. Assignment

Contractor shall not assign this Agreement without the prior written consent of Client.

22. Notices

All notices under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, or sent by electronic mail to the addresses set forth above. Electronic delivery is accepted under Alaska law and practice.

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

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[Client Full Legal Name]

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[Contractor Full Legal Name]