Alaska marketing service contract template

Alaska Marketing Service Contract

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

[Service Provider Legal Name], a [State] [Entity Type] with its principal place of business at [Service Provider Address] (hereinafter referred to as "Service Provider"),

and

[Client Legal Name], a [State] [Entity Type] with its principal place of business at [Client Address] (hereinafter referred to as "Client").

1. Scope of Services

Option A: The Service Provider shall provide the following marketing services to the Client (the "Services"): [Detailed description of services, including campaign types: digital marketing, social media management, content creation, SEO/SEM, print media, event marketing, public relations, etc.]. The target audience is [Target Audience Description]. The platforms or media channels to be used are [List of platforms/channels].

Option B: The Services shall be as described in Exhibit A, attached hereto and incorporated by reference.

Option C: The Services shall be defined in project-specific statements of work (SOWs) agreed upon in writing by both parties. Each SOW shall reference this Agreement and be governed by its terms.

Key Performance Indicators (KPIs): [List KPIs, e.g., website traffic, lead generation, conversion rates].

Measurable Goals: [List specific, measurable, achievable, relevant, and time-bound (SMART) goals].

2. Deliverables

Option A: The Service Provider shall deliver the following: [Detailed list of deliverables, e.g., website content, social media posts, advertising campaigns, marketing reports].

Option B: Deliverables shall be as described in Exhibit B, attached hereto and incorporated by reference.

Timelines:

Strategy Development: [Timeline]

Creative Approval: [Timeline]

Campaign Launch: [Timeline]

Reporting: [Timeline]

Approval Process: The Client shall have [Number] days to review and approve each deliverable. Revisions are limited to [Number] rounds.

Content Types and Formats: [Specify content types, formats, and quality standards]. These will adhere to Alaskan market conditions and representations.

3. Client Obligations

Option A: The Client shall provide the Service Provider with timely access to [List of assets, data, approvals needed from the Client].

Option B: The Client shall be responsible for obtaining all necessary local licensing or permits for campaign activities, including, but not limited to, those required for use of images or brands relevant to Alaska.

Option C: The client is responsible for adhering to appropriate cultural representation and compliance with Alaska-specific advertising sensitivities.

4. Location of Services

Option A: The Services will be performed remotely.

Option B: The Services will be performed on-site at [Client Address].

Option C: The Services will be performed in a hybrid manner, with [Percentage]% of the work performed remotely and [Percentage]% performed on-site.

Travel Policy: If travel is required, the Client shall reimburse the Service Provider for reasonable travel expenses, including mileage at the rate of [Dollar Amount] per mile, consistent with Alaska's geographic challenges.

5. Fees and Payment

Option A: Flat-Rate: The total fee for the Services shall be [Dollar Amount].

Option B: Retainer: The Client shall pay the Service Provider a monthly retainer fee of [Dollar Amount].

Option C: Performance-Based: The Service Provider's fee shall be based on the achievement of the following performance metrics: [List performance metrics and corresponding fees].

Payment Schedule: [Specify payment schedule, e.g., monthly, upon completion of milestones].

Late Payment Penalty: Late payments shall be subject to a penalty of [Percentage]% per month.

Alaska Sales Tax: All fees are exclusive of applicable Alaska local and state sales taxes, which shall be added to the invoice.

6. Invoicing

Invoice Submission: The Service Provider shall submit invoices [Frequency, e.g., monthly].

Required Documentation: Invoices shall include [List required documentation, e.g., description of services, hours worked, expenses incurred].

Payment Methods: The Client shall pay invoices via [List acceptable payment methods, e.g., check, ACH transfer].

Grant-Funded/Government Promotions: For grant-funded or government-related promotions, the invoice will include [Specify reporting requirements].

7. Intellectual Property

Option A: All intellectual property rights in creative assets created by the Service Provider shall vest in the Client.

Option B: Intellectual property rights shall be jointly owned by the Client and the Service Provider.

Option C: The Service Provider shall retain ownership of all intellectual property rights.

Permitted Uses: [Specify permitted uses of campaign materials by both parties]. This includes post-contract use of materials.

Portfolio Display: The Service Provider shall have the right to display the campaign materials in its portfolio, subject to the Client's approval. Ensure compliance with Alaska’s intellectual property principles and applicable indigenous representation protections.

8. Confidentiality

Both parties agree to hold confidential all proprietary business, technical, marketing, financial, and customer data obtained during the relationship.

This clause explicitly references Alaska statutes regarding trade secret protection.

Confidentiality obligations shall survive termination of this Agreement.

9. Compliance with Laws

The Service Provider shall comply with all applicable Alaska and federal advertising and consumer protection laws, including but not limited to the Alaska Unfair Trade Practices and Consumer Protection Act, CAN-SPAM, COPPA, and regulations regarding marketing of regulated products (alcohol, cannabis, firearms).

10. Data Privacy and Cybersecurity

The Service Provider shall comply with all applicable Alaska data breach notification laws.

The Service Provider shall protect and properly handle all client and customer data, especially for campaigns collecting consumer information.

11. Warranties

The Service Provider warrants that the Services will be performed in a professional and workmanlike manner.

The Service Provider provides [Specify warranty period] warranty for the service.

Service levels (including response times for urgent campaign issues): [Specify service level]

Exclusions: The Service Provider shall not be liable for damages arising from client content or third-party actions.

12. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to natural disasters, extreme weather, internet outages, utility disruptions, or transportation limitations specific to Alaska.

13. Dispute Resolution

Option A: Any dispute arising out of or relating to this Agreement shall be resolved through mediation in Alaska.

Option B: Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in Alaska.

Location of Hearings: [City, Alaska].

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Alaska, and relevant local court rules.

14. Limitation of Liability

The Service Provider's liability for breach of this Agreement shall be limited to [Dollar Amount].

Neither party shall be liable for indirect or consequential damages.

Indemnification: [Specify indemnification duties for both parties] especially regarding content that is infringing or illegal.

15. Amendments

Any changes to this Agreement must be in writing and signed by both parties.

Minimum notice period for material changes: [Number] days.

16. Termination

Option A: Either party may terminate this Agreement upon [Number] days written notice.

Option B: This Agreement may be terminated immediately upon a material breach of this Agreement.

Effects of Termination: [Specify effects on compensation, return of materials, transition obligations].

17. Insurance

The Service Provider shall maintain general liability insurance, professional liability insurance, and cyber insurance in accordance with Alaska business practices.

Proof of coverage shall be provided to the Client upon request.

18. Alaska Employment Laws

If the Service Provider's personnel are on-site, the Service Provider shall comply with all applicable Alaska employment laws.

[Specify any required background checks or worker safety procedures].

19. Subcontractors

The Service Provider may use subcontractors, subject to the Client's approval.

Subcontractors shall adhere to all applicable Alaska laws.

The Service Provider shall be liable for the conduct of its subcontractors.

20. Assignment

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

21. Permitting and Disclosures

The Service Provider shall comply with all required permitting, disclosures, and local municipality restrictions for conducting marketing activities in Alaska. Examples are anchoring mobile marketing floats, drone use, use of imagery of indigenous populations, or public events.

22. Governmental Client Procurement

If applicable, the Service Provider shall comply with all applicable governmental client procurement requirements, such as Alaska's non-discrimination, minority participation, and pricing rules.

23. Governing Law and Records Retention

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

Both parties shall retain contract records for a period meeting Alaska's business and tax recordkeeping standards.

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

[Service Provider Legal Name]

By: [Service Provider Authorized Signatory Name]

Title: [Service Provider Title]

[Client Legal Name]

By: [Client Authorized Signatory Name]

Title: [Client Title]