Hawaii marketing service contract template

Hawaii Marketing Service Contract

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

[Marketing Service Provider Name], a [State of Incorporation] corporation with its principal place of business at [Provider Address], Hawaii GET License Number: [Provider GET Number], hereinafter referred to as "Provider," and
Primary Contact: [Provider Primary Contact Name], [Provider Primary Contact Title], [Provider Primary Contact Email], [Provider Primary Contact Phone].

[Client Name], a [Client State of Incorporation] corporation with its principal place of business at [Client Address], Hawaii GET License Number (if applicable): [Client GET Number], hereinafter referred to as "Client," and
Primary Contact: [Client Primary Contact Name], [Client Primary Contact Title], [Client Primary Contact Email], [Client Primary Contact Phone].

1. Scope of Services

Provider agrees to provide the following marketing services to Client:

Option A: Digital Campaign Management
Description: Management of online advertising campaigns including [Specify Platforms, e.g., Google Ads, Facebook Ads]. Services will be targeted to the Hawaii market, with consideration for [Specify Target Audience Characteristics, e.g., tourists, local residents].
Addressing any multilingual requirements (for instance, Japanese or Hawaiian language needs) or cultural adaptation necessary for local industries (such as tourism, hospitality, or native Hawaiian-owned businesses).

Option B: Social Media Strategy and Execution
Description: Development and execution of a social media strategy across [Specify Platforms, e.g., Instagram, Facebook, TikTok]. Services include content creation, community engagement, and performance monitoring.

Option C: Content Creation
Description: Creation of various content formats including [Specify Content Types, e.g., blog posts, website copy, video scripts]. Content will be tailored to the Client's brand and target audience in Hawaii.

2. Service Deliverables and Milestones

The following deliverables and milestones will be provided by Provider:

Option A: Digital Campaign Reporting
Deliverable: Monthly performance reports including key metrics such as [Specify Metrics, e.g., impressions, clicks, conversions].
Milestone: Reports will be delivered by the [Day] of each month.

Option B: Social Media Content Calendar
Deliverable: A monthly content calendar outlining planned social media posts.
Milestone: Calendar will be delivered one week prior to the start of each month.

Option C: Website Content Updates
Deliverable: Updated website content as specified by Client, including [Specify Content Types, e.g., new pages, updated product descriptions].
Milestone: Updates will be completed within [Number] business days of Client approval.
Deliverable Review: Client has [Number] days to review deliverables.
Revision Cycles: [Number] revision cycles are allowed.
Revision Limits: After [Number] revision cycles are complete, additional revisions will be billed at $[Rate] per hour.

3. Client Obligations

Client shall provide Provider with the following:

Option A: Brand Assets
Description: Client will provide all necessary brand assets, including logos, brand guidelines, and [Specify Other Assets, e.g., product images, videos].

Option B: Creative Approval
Description: Client will provide timely approval of creative materials submitted by Provider.

Option C: Consumer Data
Description: Client will provide access to consumer data (with proper consent as per Hawaii data privacy laws and relevant federal regulations), subject to applicable privacy laws.

4. Location of Services

Option A: Remote Services
Description: Services will be performed remotely.

Option B: On-Site Services
Description: Services will be performed on-site at [Client Location].
Travel to neighbor islands, specifying per diem rates and reimbursement policies based on Hawaii business norms.

5. Fees and Payment

Provider shall be compensated as follows:

Option A: Fixed Fee
Description: A fixed fee of [Dollar Amount] per month for the services outlined in Section 1.

Option B: Hourly Rate
Description: An hourly rate of [Dollar Amount] per hour for services performed.

Option C: Performance-Based
Description: A performance-based fee of [Percentage] of generated sales or [Dollar Amount] per lead.

Client is responsible for Hawaii General Excise Tax (GET), including who bears the GET liability and relevant GET license numbers.

6. Intellectual Property

Ownership of intellectual property shall be as follows:

Option A: Provider Ownership
Description: Provider retains ownership of all intellectual property created in connection with the services.

Option B: Client Ownership
Description: All intellectual property created in connection with the services is assigned to Client upon full payment.
Including graphic and written material, campaign concepts, digital assets, media placements

Option C: Joint Ownership
Description: Intellectual property will be jointly owned by Provider and Client.

7. Compliance with Laws

Provider shall comply with all applicable federal and Hawaii state laws, including advertising, consumer protection, anti-spam (including the Hawaii Uniform Electronic Transactions Act and federal CAN-SPAM Act), and data privacy requirements.

8. Non-Solicitation and Non-Compete

Option A: Non-Solicitation
Description: During the term of this Agreement and for a period of [Number] months thereafter, Client shall not solicit Provider's employees.

Option B: Non-Compete
Description: During the term of this Agreement and for a period of [Number] months thereafter, Provider shall not provide similar services to Client's direct competitors within [Geographic Area, e.g., the island of Oahu].

9. Service Performance Standards

Provider will maintain service performance standards, transparent reporting timelines, access to real-time analytics dashboards if included, and minimum service levels or uptime commitments for digital campaigns where relevant.

10. Amendment and Termination

This Agreement may be amended or terminated as follows:

Option A: Amendment
Description: This Agreement may be amended by written agreement of both parties.

Option B: Termination
Description: Either party may terminate this Agreement upon [Number] days written notice.
Termination for breach, non-payment, force majeure (including natural disasters prevalent in Hawaii such as hurricanes or volcanic events), or government-ordered interruptions, with corresponding notice periods and mitigation steps.

11. Indemnification

Each party shall indemnify the other against certain claims as follows:

Option A: Provider Indemnification
Description: Provider shall indemnify Client against claims of third-party copyright infringement.

Option B: Client Indemnification
Description: Client shall indemnify Provider against claims arising from Client's products or services.

12. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of Hawaii. Any disputes shall be resolved as follows:

Option A: Mediation
Description: Disputes shall be resolved through mediation in Hawaii.

Option B: Arbitration
Description: Disputes shall be resolved through arbitration in Hawaii.

13. Entire Agreement

This Agreement constitutes the entire agreement between the parties.

14. Signatures

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

[Marketing Service Provider Name]

By: [Provider Signature]

Name: [Provider Printed Name]

Title: [Provider Title]

[Client Name]

By: [Client Signature]

Name: [Client Printed Name]

Title: [Client Title]