Arkansas marketing service contract template

Arkansas Marketing Services Contract

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

• [Marketing Service Provider Legal Name], a [State] [Entity Type] with its principal place of business at [Provider Business Address] (“Provider”),
• Contact Person: [Provider Contact Person Name]
• Email: [Provider Contact Person Email]
• Phone: [Provider Contact Person Phone]

and

• [Client Legal Name], a [State] [Entity Type] with its principal place of business at [Client Business Address] (“Client”),
• Contact Person: [Client Contact Person Name]
• Email: [Client Contact Person Email]
• Phone: [Client Contact Person Phone]

1. Scope of Services

The Provider agrees to provide the following marketing services to the Client:

• Option A: Strategic Marketing Planning
  • Development of a comprehensive marketing strategy.
  • Market analysis and competitor research.
  • Target audience identification and segmentation.
• Option B: Digital Marketing
  • Social media management (platforms: [List Platforms]).
  • Search engine optimization (SEO).
  • Pay-per-click (PPC) advertising (platforms: [List Platforms]).
  • Email marketing campaign development and management.
• Option C: Traditional Marketing
  • Development of advertising campaigns for [Specify Media: TV, Radio, Print].
  • Media placement and negotiation.
• Option D: Content Creation
  • Blog post writing.
  • Video production.
  • Graphic design.
• Option E: Public Relations
  • Press release writing and distribution.
  • Media relations.

2. Deliverables and Performance Metrics

The Provider will provide the following deliverables:

• Option A: Monthly Reports
  • Reports detailing campaign performance and key performance indicators (KPIs).
• Option B: Campaign Performance
  • Increased website traffic by [Percentage]%.
  • Increased social media engagement by [Percentage]%.
  • Conversion rate of [Percentage]% for marketing campaigns.
• Option C: Project Timelines
  • Detailed project timelines with milestones and deadlines.

Acceptance Criteria: Client approval is required for all major deliverables, based on the specifications outlined in each deliverable's description.

3. Client Responsibilities

The Client agrees to:

• Option A: Provide necessary materials
  • Brand guidelines.
  • Product specifications.
  • Historical marketing data.
• Option B: Grant access
  • Access to relevant platforms and accounts.
• Option C: Timely Approvals
  • Provide timely feedback and approvals on deliverables.
  • Deadlines for approvals: [Number] business days.

4. Geographic Coverage

The marketing services will focus on the following geographic area(s):

• Option A: Statewide Coverage
  • The entire state of Arkansas.
• Option B: Regional Focus
  • Specific regions within Arkansas: [List Regions].
• Option C: Specific Demographics
  • Targeting specific demographics within Arkansas: [List Demographics].

5. Compliance with Arkansas Law

The Provider agrees to comply with all applicable Arkansas laws and regulations, including:

• Arkansas Deceptive Trade Practices Act.
• State and local advertising laws.
• Arkansas-specific data protection obligations when collecting or managing personal information.

6. Intellectual Property

• Option A: Client Ownership
  • All intellectual property created under this Agreement will be owned by the Client.
• Option B: Provider Ownership
  • The Provider will retain ownership of all intellectual property, but grants the Client a license to use the materials for marketing purposes. License restrictions: [Specify Restrictions].

The Provider represents that it has secured all necessary licenses for third-party content used in the marketing materials.

7. Fees and Payment

• Option A: Retainer Fee
  • The Client will pay a monthly retainer fee of [Dollar Amount].
• Option B: Hourly Rate
  • The Provider's hourly rate is [Dollar Amount].
• Option C: Project-Based Fee
  • The fee for each project will be determined on a case-by-case basis.

Payment Schedule: Payments are due [Number] days from the invoice date. Arkansas sales tax will be applied as required by the Arkansas Department of Finance and Administration.

8. Performance Reviews and Reporting

• Option A: Reporting Frequency
  • The Provider will provide performance reports on a [Frequency: Weekly, Monthly, Quarterly] basis.
• Option B: Review Meetings
  • Regular review meetings will be held to discuss campaign performance and strategy adjustments. Meeting frequency: [Frequency: Weekly, Monthly, Quarterly].

9. Media Buying

The Provider will handle media buying with transparency and accountability, providing detailed accounting of all media spend.

10. Quality Assurance

The Provider will ensure the quality of all deliverables, offering revisions and remedies for underperforming campaigns.

11. Travel and Meetings

If travel to Arkansas is required, the Client will reimburse the Provider for reasonable travel expenses in accordance with [Company Name]’s travel policy.

12. Confidentiality

Both parties agree to keep confidential all data, trade secrets, and proprietary information, as defined under the Arkansas Uniform Trade Secrets Act (Ark. Code Ann. § 4-75-601 et seq.).

13. Amendment

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

14. Subcontracting

The Provider may not subcontract any services under this Agreement without the prior written consent of the Client.

15. Conflict of Interest

The Provider agrees to disclose any potential conflicts of interest.

16. Termination

• Option A: Termination for Convenience
  • Either party may terminate this Agreement with [Number] days written notice.
• Option B: Termination for Cause
  • Either party may terminate this Agreement for cause if the other party breaches this Agreement.

Financial settlement upon termination will be determined based on services rendered and expenses incurred.

17. Remedies and Liability

The Provider's liability for breach of this Agreement is limited to the fees paid by the Client. The Provider agrees to indemnify the Client against any claims arising from the Provider's violation of Arkansas advertising laws.

18. Client Cooperation

The Client agrees to provide timely approvals and information necessary for the Provider to perform the services.

19. Change Orders

Any changes to the scope of services must be documented in a written change order signed by both parties.

20. Dispute Resolution

Any disputes arising under this Agreement will be resolved through negotiation, followed by mediation or arbitration in Arkansas. Arkansas law and courts will have exclusive jurisdiction.

21. Force Majeure

Neither party will be liable for delays or failures due to force majeure events as defined under Arkansas case law.

22. Disclosures and Notices

All notices under this Agreement must be in writing and delivered to the addresses listed above.

23. Insurance

The Provider maintains professional liability insurance with coverage of at least [Dollar Amount].

24. Equal Opportunity

The Provider is an equal opportunity service provider.

25. Severability

If any provision of this Agreement is held invalid, the remaining provisions will remain in effect.

26. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings. This Agreement will be interpreted under Arkansas principles of contract interpretation.

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

[Marketing Service Provider Legal Name]

By: [Provider Signatory Name]

Title: [Provider Signatory Title]

[Client Legal Name]

By: [Client Signatory Name]

Title: [Client Signatory Title]