Kansas marketing service contract template

Kansas Marketing Service Agreement

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

[Service Provider Legal Name], a [State of Incorporation/Organization] [Entity Type, e.g., LLC], with its principal place of business at [Service Provider Business Address], and designated contact person [Service Provider Contact Name], contact email [Service Provider Contact Email] and phone number [Service Provider Contact Phone] (hereinafter referred to as “Service Provider”),

and

[Client Legal Name], a [State of Incorporation/Organization] [Entity Type, e.g., Corporation], with its principal place of business at [Client Business Address], and designated contact person [Client Contact Name], contact email [Client Contact Email] and phone number [Client Contact Phone] (hereinafter referred to as “Client”).

1. Scope of Services

Option A: General Marketing Services

Service Provider will provide Client with general marketing services as described in Exhibit A, attached hereto and incorporated herein by reference.

Option B: Specific Marketing Services

Service Provider will provide Client with the following specific marketing services (check all that apply):

• Digital Campaign Strategy
• Social Media Management
  • Specify Platforms: [List Platforms]
• Online Ad Design and Placement
  • Specify Platforms: [List Platforms]
• Content Creation
• Public Relations
• Traditional Media Buying
• Digital Media Buying
• SEO/SEM Services
• Email Marketing
• Event Marketing (Kansas-Specific)
• Analytics Reporting
• Other: [Specify Other Services]

Option C: Change Orders

Any changes to the scope of services described above or in Exhibit A require a written change order signed by both parties.

2. Project Deliverables and Timeline

Option A: Defined Deliverables

Service Provider will deliver the following deliverables according to the timeline outlined in Exhibit B, attached hereto and incorporated herein by reference: [Detailed List of Deliverables]

• Campaign Timeframe: [Start Date] - [End Date]
• Minimum Performance Expectations: [Specify Metrics, e.g., Website Traffic, Conversion Rates]
• Milestones/Review Checkpoints: [List Dates and Deliverables for Each Checkpoint]

Option B: Ongoing Services

Service Provider will provide ongoing services as outlined in Exhibit A, with regular reporting as specified in Section 10.

3. Client Responsibilities

Option A: Cooperation

Client agrees to provide Service Provider with all necessary materials and information to perform the services outlined in this Agreement, including, but not limited to:

• Access to Social Media Accounts: [List Accounts]
• Brand Assets: [Logos, Style Guides, Images]
• Product Information: [Detailed Product Descriptions, Pricing]

Option B: Deadlines

Client agrees to provide feedback and approvals on content and deliverables by the following deadlines: [Specify Deadlines for Each Deliverable or Type of Feedback]

Option C: Consequences of Delay

Delays in Client’s provision of materials or approvals may result in delays in the project timeline. Service Provider is not responsible for delays caused by the Client.

4. Service Provision Location and Kansas Compliance

Option A: Kansas Focus

The services provided under this Agreement will primarily focus on the Kansas market.

Option B: Compliance

Service Provider agrees to comply with all applicable Kansas laws and regulations related to advertising and marketing, including but not limited to:

• Kansas Consumer Protection Act
• Restrictions on Marketing to Minors
• Laws on Alcohol/Gambling/Adult Product Promotion (if applicable)
• Local Advertising Standards

5. Legal Compliance

Option A: General Compliance

Service Provider agrees to comply with all applicable federal and state laws and regulations, including but not limited to:

• FTC Guidelines for Advertising
• CAN-SPAM Act Compliance for Email Marketing
• DORA (Data and Online Reputation Management) Best Practices

6. Payment Terms

Option A: Retainer Fee

Client agrees to pay Service Provider a retainer fee of [Dollar Amount] per [Month/Quarter], payable [Payment Schedule, e.g., on the first of each month].

Option B: Hourly Rate

Client agrees to pay Service Provider an hourly rate of [Dollar Amount] for services rendered. Service Provider will provide detailed invoices outlining the hours worked.

Option C: Per-Project Fee

Client agrees to pay Service Provider a per-project fee as outlined in Exhibit C, attached hereto and incorporated herein by reference. [Detail Project Fees]

Option D: Payment Schedule

Payment is due [Number] days from the date of invoice.

Option E: Late Payment

Late payments will accrue interest at a rate of [Percentage]% per month.

Option F: Kansas Sales Tax

Client is responsible for any applicable Kansas sales tax. [Reference Kansas Sales Tax Policies]

Option G: Withholding Taxes

If required by the Kansas Department of Revenue, Client will withhold and remit applicable taxes.

7. Data Privacy

Option A: Compliance

Service Provider agrees to comply with all applicable Kansas data privacy statutes.

Option B: Safeguards

For the collection or processing of personal information, Service Provider will implement and maintain appropriate safeguards to protect the confidentiality, integrity, and availability of such information.

• HIPAA Compliance (if applicable): [Detail Specific Compliance Measures]
• GLBA Compliance (if applicable): [Detail Specific Compliance Measures]

8. Ownership of Work Product

Option A: Client Ownership

Upon full payment, all content, creative assets, campaign data, and methodologies created by Service Provider for Client shall become the sole property of Client.

Option B: Provider Ownership

Service Provider retains ownership of proprietary methodologies and portfolio usage rights. Client is granted a license to use the work product for the duration of this Agreement. [Specify Exclusivity or Non-Compete Language for Kansas Market]

9. Confidentiality

Option A: Non-Disclosure

Service Provider agrees to hold all Client data, performance results, strategy documents, and client/customer information in strict confidence and not disclose such information to any third party without Client’s prior written consent. This obligation shall survive the termination of this Agreement.

10. Third-Party Material Usage

Option A: Licenses

Service Provider is responsible for obtaining all necessary licenses for third-party materials used in the performance of services under this Agreement.

Option B: Indemnification

Service Provider will indemnify Client from any claims arising out of copyright, trademark, or right-of-publicity violations in Kansas related to materials used by Service Provider.

11. Performance Standards and Reporting

Option A: Reporting Frequency

Service Provider will provide Client with campaign reports [Frequency, e.g., weekly, monthly].

Option B: Access to Analytics

Client will have access to analytical dashboards to monitor campaign performance.

Option C: Remediation

If campaign results deviate significantly from agreed objectives, Service Provider will develop and implement a remediation plan. [Leverage Best Practices Familiar in Kansas Business Contexts]

12. Term and Renewal

Option A: Initial Term

The initial term of this Agreement shall be [Number] [Months/Years], commencing on [Start Date].

Option B: Renewal

This Agreement shall automatically renew for successive terms of [Number] [Months/Years] unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.

Option C: Campaign Extensions

Specific campaigns can be extended via written agreement between both parties.

13. Amendment and Notification

Option A: Written Amendments

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

Option B: Official Correspondence

All official correspondence related to this Agreement should be sent to the addresses listed in the introduction.

14. Force Majeure

Option A: Events

Neither party shall be liable for any failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters (including severe weather disruptions common in Kansas), war, terrorism, riots, government regulations, or labor disputes.

Option B: Kansas Events

This clause also covers any local regulatory actions specific to Kansas that prevent either party from fulfilling their obligations.

15. Termination

Option A: Termination for Cause

Either party may terminate this Agreement for cause if the other party materially breaches this Agreement and fails to cure such breach within [Number] days of written notice.

Option B: Termination Without Cause

Either party may terminate this Agreement without cause upon [Number] days written notice to the other party.

Option C: Other Termination Events

This Agreement may also be terminated in the event of:

• Insolvency of either party
• Changes in Kansas or federal law affecting contractual legality

Option D: Settlement of Obligations

Upon termination, all outstanding obligations shall be promptly settled.

16. Consequences of Termination

Option A: Payments

Client shall pay Service Provider for all services performed up to the date of termination.

Option B: Information Transfer

Service Provider will transfer campaign access and information to Client upon termination.

17. Liability and Indemnification

Option A: Limitation of Damages

In no event shall either party be liable to the other for any indirect, incidental, consequential, or punitive damages arising out of or related to this Agreement.

Option B: Mutual Indemnity

Each party agrees to indemnify and hold harmless the other party from and against any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to their respective acts or omissions. [Such as false advertising or slander in Kansas media]

18. Dispute Resolution

Option A: Negotiation

The parties agree to first attempt to resolve any disputes arising out of or related to this Agreement through good faith negotiation.

Option B: Mediation/Arbitration

If negotiation fails, the parties agree to submit the dispute to [Mediation/Arbitration] in [City, Kansas].

Option C: Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Kansas. The parties consent to venue in a Kansas state or federal court.

19. Kansas Consumer Protection Act Compliance

Option A: Disclosure Requirements

For business-to-consumer campaigns, Service Provider agrees to comply with all disclosure requirements under the Kansas Consumer Protection Act.

Option B: Attorney General Guidance

Service Provider will adhere to guidance provided by the Kansas Attorney General for marketing to Kansas residents.

20. Telemarketing (If Applicable)

Option A: Consent

If services involve telemarketing, Service Provider agrees to obtain all necessary consent from consumers as required by Kansas law.

Option B: Registration and Compliance

Service Provider will comply with all applicable Kansas telemarketing registration and do-not-call list requirements.

21. State Agencies/Regulated Industries (If Applicable)

Option A: Healthcare

If Client is a healthcare provider, Service Provider will adhere to all relevant Kansas healthcare regulations.

Option B: Insurance

If Client is an insurance company, Service Provider will adhere to all relevant Kansas insurance regulations.

22. Data Handling

Option A: Retention and Deletion

Service Provider will handle client data, marketing performance metrics, and statistical reports in accordance with Kansas data retention statutes and Client’s instructions. Service Provider will securely delete data after contract completion, as instructed by Client and as required by applicable laws.

23. Kansas Employment Law Considerations (If Applicable)

Option A: On-Site Services

If Service Provider’s staff perform on-site services in Kansas, Service Provider will comply with all applicable Kansas employment laws.

Option B: Background Checks

For regulated industries, Service Provider will conduct background checks on its staff as required by Kansas law.

24. Insurance Requirements

Option A: Coverage

Service Provider shall maintain the following insurance coverage:

• Professional Liability Insurance: [Amount]
• General Liability Insurance: [Amount]
• Workers’ Compensation Insurance (if required in Kansas)

25. Assignment and Subcontracting

Option A: Assignment

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

Option B: Subcontracting

Service Provider may subcontract portions of the services with Client's written consent, which will not be unreasonably withheld.

26. Integration with Client's Vendors

Option A: Coordination

Service Provider will coordinate with Client’s existing Kansas-based vendors, PR partners, or local media outlets to ensure seamless integration of marketing efforts.

27. Entire Agreement, Severability, and Waiver

Option A: Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

Option B: Severability

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

Option C: Waiver

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

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

[Service Provider Legal Name]

By: [Service Provider Signature] Name: [Service Provider Printed Name] Title: [Service Provider Title]

[Client Legal Name]

By: [Client Signature] Name: [Client Printed Name] Title: [Client Title]