Mississippi marketing independent contractor agreement template

Mississippi Marketing Independent Contractor Agreement

This Mississippi Marketing Independent Contractor Agreement (the “Agreement”) is made and entered into as of [Effective Date], by and between:

• [Client Legal Name], located at [Client Address], Mississippi (“Client”)

and

• [Contractor Legal Name], located at [Contractor Address], Mississippi (“Contractor”).

Scope of Marketing Services

• Option A: The Contractor shall perform the following marketing services for the Client: [Detailed Description of Marketing Services]
• Option B: The Contractor shall provide marketing services as detailed in Exhibit A, which is attached hereto and incorporated by reference.
• Deliverables: [List of Specific Deliverables, e.g., Social Media Posts, Ad Campaigns, Reports]

Project Milestones and Timelines

• Option A: Project milestones and timelines are outlined in Exhibit B, which is attached hereto and incorporated by reference.
• Option B:
  • Milestone 1: [Milestone Description] - Deadline: [Date]
  • Milestone 2: [Milestone Description] - Deadline: [Date]
• Performance Metrics: [Key Performance Indicators (KPIs) to be Tracked]

Review and Approval Procedures

• Option A: All marketing materials must be submitted to the Client for review and approval prior to publication. Client shall provide feedback within [Number] business days.
• Option B: The Contractor will adhere to the Client's brand guidelines and marketing standards, as detailed in Exhibit C.
• Compliance: All marketing activities will comply with applicable laws and regulations, including FTC guidelines and Mississippi advertising regulations.

Work Location and Resources

• Option A: The Contractor will perform services remotely.
• Option B: The Contractor will perform services on-site at the Client’s location.
• Option C: A hybrid model of remote and on-site work at [Client Location] will be required.
• Travel: [Travel Expenses and Reimbursement Policy, if any]
• Resources: The Client will provide the Contractor with access to [Specific Resources, e.g., Marketing Platforms, Data].

Compensation

• Option A: The Client shall pay the Contractor an hourly rate of [Dollar Amount] per hour.
• Option B: The Client shall pay the Contractor a project fee of [Dollar Amount].
• Option C: The Client shall pay the Contractor a monthly retainer of [Dollar Amount].
• Option D: The Client shall pay the Contractor a commission of [Percentage]% on [Sales/Leads Generated].
• Payment Schedule: [Detailed Payment Schedule, e.g., Bi-weekly, Monthly, Upon Completion of Milestones]
• Invoicing: The Contractor shall submit invoices to the Client on [Frequency].
• Late Payment: Late payments will accrue interest at a rate of [Percentage]% per month or the maximum rate allowed under Mississippi law.
• Tax Compliance: Contractor is responsible for all applicable Mississippi state and federal taxes.

Intellectual Property Ownership

• Option A: All work product created by the Contractor under this Agreement shall be considered “work made for hire” under Mississippi law and shall be owned exclusively by the Client.
• Option B: The Contractor retains ownership of all intellectual property rights in the work product, but grants the Client a perpetual, irrevocable, non-exclusive license to use the work product.
• Option C: Ownership of the work product shall be assigned to the Client upon full payment.

Confidentiality and Data Protection

• The Contractor shall maintain the confidentiality of all Client information and data.
• The Contractor shall comply with all applicable data privacy laws and regulations.
• Non-Disclosure: The Contractor shall not disclose any confidential information to any third party without the Client's written consent.

Independent Contractor Status

• The Contractor is an independent contractor and not an employee of the Client.
• The Contractor is responsible for all federal, state (including Mississippi), and local taxes, insurance, and business licenses.
• The Contractor is not entitled to any employee benefits.

Non-Solicitation and Non-Compete

• Non-Solicitation: The Contractor shall not solicit the Client’s customers or employees during the term of this Agreement and for a period of [Number] years after termination.
• Non-Compete: [Specific Non-Compete Restrictions, adhering to Mississippi law, including scope, duration, and geographic limitations. Must be reasonable and enforceable.] Note: Non-compete agreements must be carefully drafted to be enforceable under Mississippi law.

Use of Client Brand and Marketing Guidelines

• The Contractor shall adhere to the Client's brand guidelines and marketing standards, as provided.
• The Contractor shall comply with all applicable laws and regulations.
• Ethical Standards: The Contractor shall conduct all marketing activities in accordance with professional ethics codes.

Liability and Indemnification

• The Contractor shall indemnify and hold harmless the Client from any claims arising from the Contractor’s negligent performance or breach of this Agreement.
• The Contractor shall maintain adequate insurance coverage.
• False Advertising: The Contractor shall be responsible for compliance with Mississippi’s Deceptive Trade Practices Act.

Termination

• Termination for Convenience: Either party may terminate this Agreement upon [Number] days’ written notice.
• Termination for Cause: The Client may terminate this Agreement immediately for cause, including breach of contract or negligent performance.
• Final Payment: Upon termination, the Client shall pay the Contractor for all work completed to the termination date.
• Return of Assets: The Contractor shall return all Client property and data upon termination.

Dispute Resolution

• Internal Negotiation: The parties shall first attempt to resolve any disputes through internal negotiation.
• Mediation/Arbitration: If negotiation fails, the parties agree to [Mediation/Binding Arbitration] in [Mississippi County].
• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi.
• Venue: Venue for any legal action shall be in [Mississippi County].

Compliance with Mississippi Laws

• The Contractor shall comply with all applicable Mississippi laws, including the Mississippi Consumer Protection Act.
• The Contractor shall comply with all applicable advertising and marketing regulations.
• Reporting: The Contractor shall provide industry-standard documentation and reporting for marketing metrics.

Contractor Representations

• The Contractor represents that it is a valid [LLC/Sole Proprietorship] registered in Mississippi.
• The Contractor represents that it is in good standing.

Miscellaneous Provisions

• 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.
• Assignment: This Agreement may not be assigned by either party without the written consent of the other party.
• Notices: All notices under this Agreement shall be in writing and sent to the addresses listed above.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.
• Integration/Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Amendment: This Agreement may be amended only by a written instrument signed by both parties.

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

[Client Legal Name]

By: [Client Authorized Signatory Name]

Title: [Client Title]

[Contractor Legal Name]

By: [Contractor Authorized Signatory Name]

Title: [Contractor Title]