Maine marketing service contract template

Maine Marketing Service Contract

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

[Marketing Service Provider Name], a [State of Incorporation] [Entity Type] with its principal place of business at [Business Address] (“Provider”), and

[Client Name], a [State of Incorporation] [Entity Type] with its principal place of business at [Business Address] (“Client”).

1. Scope of Services

Option A: Provider shall provide the following marketing services to Client: [Detailed description of all marketing services, including but not limited to digital ad campaign management (Google Ads, Facebook/Instagram Ads), SEO/SEM optimization, social media marketing and content creation, email marketing campaigns, influencer outreach, local event marketing, media buying, conversion tracking and analytics reporting, marketing strategy development, branding consultation, market research, and Maine-specific public relations or community engagement services].

Option B: Provider shall provide the marketing services outlined in Exhibit A, attached hereto and incorporated herein.

Deliverables will include but are not limited to: [Detailed descriptions of deliverables, including schedule, measurable objectives (KPIs, lead targets, engagement metrics), platform specifications (e.g., preferred ad networks, social channels), content approval workflows, and deadlines for each phase or component, reflecting the unique requirements of the client’s industry and market in Maine].

2. Project Management and Collaboration

Option A: Provider and Client will collaborate according to the following schedule: [Frequency and format of status meetings, approval procedures for significant creative or budgetary changes]. Client shall provide required assets (logos, product information, prior marketing materials, access to web/social accounts) within [Number] days of request. Client-side review/approval deadlines are [Number] days.

Option B: The process for initial needs assessment, strategic planning sessions, and ongoing collaboration shall be as described in Exhibit B, attached hereto and incorporated herein.

Escalation Procedures: In the event of delays in decision-making, the escalation path shall be: [Chain of contacts and responsibilities].

3. Compliance with Laws

Provider shall comply with all applicable Maine and federal advertising and consumer protection laws, including but not limited to the Maine Unfair Trade Practices Act, CAN-SPAM compliance for email marketing, TCPA for telemarketing/SMS campaigns, COPPA and other data privacy requirements for campaigns targeting minors, and all applicable industry-specific Maine regulations overseeing marketing in sensitive industries (e.g., legal, healthcare, cannabis, alcohol).

Provider warrants that all marketing materials will be truthful and not misleading.

Option A: Client is responsible for providing Provider with necessary legal disclaimers and disclosures related to its products/services under Maine law.

Option B: Provider will, at Client’s expense, obtain legal review of marketing materials to ensure compliance with Maine law.

4. Intellectual Property

Option A: All copyrights and rights to use, modify, or distribute campaign content, artwork, copy, video, creative assets, and audience data will be transferred to the Client upon full payment.

Option B: Provider retains ownership of all intellectual property created, but grants Client a [Type of License, e.g., perpetual, non-exclusive] license to use the materials for [Specific Purposes]. Provider retains the right to use completed works in its portfolio.

Any third-party content used will be properly licensed.

5. Data Protection and Privacy

Provider shall comply with all applicable data protection and privacy laws, including Maine’s Chapter 210-B. Provider shall: [Detail storage, access, and usage of client and customer data (including explicit consent, opt-in/opt-out requirements, data retention and destruction policies)].

Option A: In the event of a data breach, [Party Responsible, e.g., Provider] shall be responsible for notification and incident response.

Option B: Client is responsible for all consumer opt-in consents.

6. Fees and Payment

Option A: Total contract value is [Dollar Amount]. Provider shall invoice Client [Frequency, e.g., monthly]. Payment is due within [Number] days of invoice date. Late payments will incur a penalty of [Percentage]% per month.

Option B: Service fees shall be as detailed in Exhibit C, attached hereto and incorporated herein. This includes: [Breakdown of a la carte or bundled pricing, retainer and performance-based compensation (if applicable), out-of-pocket expense guidelines (ad spend, media placement, influencer payments, local event costs), invoicing schedule, payment due dates, late payment penalties, refund and credit policies, and clear reference to Maine sales tax applicability or exemption].

Maine sales tax [Is/Is Not] applicable.

7. Performance and Reporting

Provider shall provide regular progress reports to Client [Frequency, e.g., weekly, monthly]. These reports will include: [Metrics to be reported, campaign performance results].

Milestones and acceptance criteria for each major deliverable are defined in Exhibit D, attached hereto and incorporated herein.

Strategies and deliverables may be adjusted based on campaign performance, subject to Client approval.

8. Location of Work and Expenses

The location of work will be [Remote, Maine-based, on-site at client premises, or hybrid].

Travel expectations: [Detail travel expectations, especially for local Maine market activations].

Reimbursement of travel and local expenses will be in accordance with [Specific Policy/Exhibit], and shall comply with Maine labor law.

9. Subcontractors

Option A: Provider shall not use any subcontractors without Client’s prior written approval.

Option B: Provider may use the following subcontractors: [List of Subcontractors].

Provider is responsible for ensuring that all subcontractors comply with the terms of this Agreement and any applicable Maine licensing or registration requirements.

10. Confidentiality

Both parties agree to hold each other’s proprietary information, trade secrets, customer lists, and unpublished marketing strategies in confidence.

This confidentiality obligation shall continue for [Number] years after termination of this Agreement.

Non-solicitation of Client’s employees or customers is prohibited for [Number] years after termination.

11. Conflict of Interest

Provider warrants that it is not under any restrictions (such as non-competes) that would impede its ability to provide services to Client in Maine.

Provider shall disclose any potential conflicts of interest to Client.

12. Breach and Remedies

A material breach of this Agreement shall include, but not be limited to: [List of conditions constituting breach].

Remedies for breach may include: [Expedited correction, payment of penalties, or re-delivery of non-conforming services].

Provider shall be liable for advertising compliance failures, misrepresentation, copyright infringement, personal data misuse, or third-party disputes resulting from Provider’s negligence.

Client has the right to audit reports, expenditures, and campaign performance results.

13. Term and Termination

This Agreement shall commence on [Start Date] and continue for a term of [Number] [Months/Years].

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

Option B: Termination for cause (material breach) may occur with [Number] days written notice.

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

Upon termination, Provider shall deliver all work completed to date to Client.

14. Amendments and Assignment

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

Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party.

15. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement due to force majeure events, including but not limited to: [Specific to Maine: regional weather, state emergencies].

16. Dispute Resolution

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

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

This Agreement shall be governed by and construed in accordance with the laws of the State of Maine. The exclusive venue for any legal action shall be the [Court, e.g., Cumberland County Superior Court].

The prevailing party in any dispute shall be entitled to recover its reasonable attorney’s fees.

17. Representations and Warranties

Both parties represent and warrant that they are properly organized and authorized under Maine law.

Provider warrants compliance with all applicable Maine professional and business licensing regulations required for marketing services.

18. Insurance

Provider shall maintain the following insurance coverage: [Professional liability, cyber/data privacy, and general business insurance meeting Maine statutory minimums].

19. Taxes

Provider is responsible for collecting and remitting any applicable Maine state taxes.

20. Non-Discrimination

Provider shall conduct its marketing activities in a non-discriminatory manner, in compliance with Maine’s Human Rights Act.

21. Local Market Sensitivity

Client has the right to request modification or early removal of campaigns that risk regulatory scrutiny or public controversy in Maine’s local market.

22. Attachments

The following exhibits are attached hereto and incorporated herein:

Exhibit A: Scope of Services (Detailed)

Exhibit B: Project Management and Collaboration Details

Exhibit C: Fees and Payment Schedule

Exhibit D: Milestones and Acceptance Criteria

23. Entire Agreement, Severability, and Prevailing Language

This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

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

The English language version of this Agreement shall be the prevailing version.

24. Acceptance of Maine-Specific Consumer Protections

By signing below, Client acknowledges and agrees to be bound by all applicable Maine-specific consumer protection laws.

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

[Marketing Service Provider Name]

By: [Name]

Title: [Title]

Date: [Date]

[Client Name]

By: [Name]

Title: [Title]

Date: [Date]