Montana marketing service contract template

Montana Marketing Services Contract

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

• [Marketing Service Provider's Full Legal Name], a [Business Entity Type, e.g., Montana LLC] with its principal place of business at [Business Address], hereinafter referred to as “Provider,”
  • Contact Person: [Name]
  • Email: [Email]
  • Phone: [Phone Number]
• and
• [Client's Full Legal Name], a [Business Entity Type, e.g., Montana Corporation] with its principal place of business at [Business Address], hereinafter referred to as “Client.”
  • Contact Person: [Name]
  • Email: [Email]
  • Phone: [Phone Number]

1. Scope of Services

Provider agrees to provide the following marketing services to Client:

• Option A: Comprehensive Marketing Services
  • Market research, branding strategy, advertising campaign creation, digital marketing (social media, PPC, email marketing, SEO/SEM), traditional advertising (print, radio), content development, public relations, event promotion, analytics and performance reporting, and campaign management.
• Option B: Digital Marketing Services Only
  • Social media management, pay-per-click advertising, email marketing, search engine optimization (SEO), and search engine marketing (SEM).
• Option C: Specific Services
  • [Detailed Description of Specific Services]
    • e.g., SEO audit, PPC campaign setup, Content creation (Number of Articles), Social media Ads management (Number of ads and platforms), email design.

2. Deliverables and Timelines

Provider shall deliver the following deliverables according to the timelines specified below:

• List of Deliverables
  • [Description of Deliverable 1]: [Format], KPI: [KPI 1], Timeline: [Date]
  • [Description of Deliverable 2]: [Format], KPI: [KPI 2], Timeline: [Date]
  • Reporting Schedule: [Frequency, e.g., Monthly] reports to be delivered by the [Day] of each month.

3. Client Approvals and Feedback

Client’s approval is required for the following deliverables before proceeding:

• Option A: All deliverables require approval.
• Option B: Only [Specify deliverables requiring approval] require approval.
• Option C: Feedback Cycle
  • Client shall provide feedback within [Number] business days of receiving a deliverable. Provider shall incorporate feedback and resubmit within [Number] business days. A maximum of [Number] revisions are included per deliverable.

4. Subcontractors

• Option A: No subcontractors will be used without prior written consent from the Client. Any subcontractors used must comply with Montana contractor registration requirements, if applicable.
• Option B: The following subcontractors may be used:
  • [Subcontractor Name 1] for [Service Provided]
  • [Subcontractor Name 2] for [Service Provided]
  • These subcontractors must comply with Montana contractor registration requirements, if applicable.

5. Client Responsibilities

Client shall provide the following materials and information to Provider by the specified deadlines:

• List of Client Responsibilities
  • [Material/Information 1]: Deadline: [Date]
  • [Material/Information 2]: Deadline: [Date]
  • Access Credentials for [Platforms]: Deadline: [Date]

6. Work Location and Expenses

• Option A: Work will be performed remotely.
• Option B: Work will be performed on-site at [Client's Address].
• Option C: Hybrid (Remote/On-site)
  • On-site visits will be scheduled [Frequency, e.g., Weekly]. Travel expenses, if any, will be reimbursed at actual cost, up to a maximum of [Dollar Amount] per month.

7. Fees and Payment

Client shall pay Provider the following fees:

• Option A: Retainer Fee
  • A monthly retainer of [Dollar Amount], payable on the [Day] of each month. This covers [List of Services Covered].
• Option B: Project-Based Fees
  • [Project 1]: [Dollar Amount]
  • [Project 2]: [Dollar Amount]
• Option C: Media Spend Handling
  • Client will directly pay for any media.
  • OR Client shall provide the provider with [Amount] for Media spends. The provider will report spending and make necessary adjustments.
• Payment Schedule: Payments are due [Number] days from the date of invoice. Late payments will accrue interest at the maximum rate permitted under Montana law. Provider is responsible for reporting and remitting all applicable Montana state and local taxes.

8. Intellectual Property

• Option A: Provider retains ownership of all original creative materials. Client is granted a license to use the materials for the duration of this Agreement.
• Option B: All original creative materials developed by Provider under this Agreement shall be owned by Client.
• Option C: Intellectual property will be defined as follows:
  • Original creative materials developed by Provider, excluding Client-supplied materials, shall be owned by Provider until final payment is received, at which time ownership transfers to Client.
  • Provider retains the right to use the deliverables for portfolio purposes, with Client's consent.

9. Confidentiality

Both parties agree to keep confidential all non-public information received from the other party. This includes, but is not limited to, Client’s commercial data, strategy, and trade secrets. Provider shall comply with the Montana Uniform Trade Secrets Act. In the event of unauthorized access, both parties are responsible for notifying each other.

10. Data Privacy

Provider shall comply with all applicable federal and Montana data privacy laws, including the CAN-SPAM Act, and TCPA if applicable. Client is responsible for opting in/out of consumer data.

11. Quality Assurance and Performance

Provider shall provide services in a professional and workmanlike manner, meeting industry standards. Minimum service standards include [Specify Standards]. If services do not meet these standards, Provider shall remedy the defects within [Number] days.

12. Campaign Acceptance

Client shall approve or reject each deliverable within [Number] business days of receipt. If rejected, Client must provide specific reasons for rejection. Provider will make revisions based on the feedback within reasonable timeframe.

13. License Grant

Client grants Provider a limited license to use Client's trademarks and logos solely for the purpose of providing services under this Agreement.

14. Service Delays

Provider is not liable for delays caused by events beyond its reasonable control, including force majeure events as defined under Montana law.

15. Termination

• Option A: Termination for Cause
  • Either party may terminate this Agreement for material breach by the other party. Material breach includes, but is not limited to, failure to pay, failure to deliver services, or misuse of marketing data.
• Option B: Termination for Convenience
  • Either party may terminate this Agreement for convenience with [Number] days written notice.
• Option C: Early Termination Fee
  • If Client terminates this agreement before the end of a term, Client shall pay an early termination fee of [Amount/Percentage]
• Post-Termination Obligations: Upon termination, Provider shall deliver all pending deliverables, cease access to client-owned platforms, and maintain confidentiality.

16. Liability and Indemnification

Provider shall be liable for damages caused by its negligence or willful misconduct. Provider shall indemnify and hold harmless Client from any third-party claims arising from Provider’s services, including IP infringement or false advertising under Montana law.

17. Insurance

Provider shall maintain general liability and professional liability insurance with minimum coverage of [Dollar Amount]. Proof of insurance shall be provided upon request.

18. Dispute Resolution

Any disputes arising under this Agreement shall be resolved through good faith negotiation. If negotiation fails, the parties agree to mediation or arbitration in [City, Montana]. This agreement shall be governed by the laws of the State of Montana.

19. Compliance

Provider shall comply with all applicable Montana and federal marketing laws and regulations, including rules for advertising to Montana minors and the Montana Consumer Protection Act.

20. Representations and Warranties

Provider represents and warrants that it has the authority to enter into this Agreement and that it is in compliance with all required Montana business licenses.

21. Amendment

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

22. Assignment

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

23. Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.

24. Electronic Signatures

This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy.

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

[Marketing Service Provider's Full Legal Name]

By: [Authorized Signature]

Name: [Printed Name]

Title: [Title]

[Client's Full Legal Name]

By: [Authorized Signature]

Name: [Printed Name]

Title: [Title]