Nebraska marketing independent contractor agreement template

Nebraska Marketing Independent Contractor Agreement

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

• [Client Legal Name], located at [Client Address], hereinafter referred to as “Client,” and
• [Contractor Legal Name], located at [Contractor Address], hereinafter referred to as “Contractor.”

1. Scope of Services

The Contractor agrees to perform the following marketing services for the Client:

• Option A: Brand Strategy Consulting
  • Deliverable: [Specific Deliverable, e.g., Brand Guidelines Document]; Deadline: [Date]; Reporting: [Format]; Approvals: [Client Contact Person]; Technologies/Platforms: [List Technologies]
• Option B: Social Media Management
  • Deliverable: [Specific Deliverable, e.g., Monthly Social Media Calendar]; Deadline: [Date]; Reporting: [Format]; Approvals: [Client Contact Person]; Platforms: [List Social Media Platforms]
• Option C: Digital Advertising Campaign Execution
  • Deliverable: [Specific Deliverable, e.g., Google Ads Campaign Report]; Deadline: [Date]; Reporting: [Format]; Approvals: [Client Contact Person]; Platforms: [List Ad Platforms]
• Option D: Content Creation
  • Deliverable: [Specific Deliverable, e.g., Blog Post, Video Script]; Deadline: [Date]; Reporting: [Format]; Approvals: [Client Contact Person]; Tools: [List Tools]

2. Work Location and Access

• Option A: Remote Work
  • The Contractor will perform the services remotely.
  • Data Protection Protocols: [List Protocols]
  • IT Security Requirements: [List Requirements]
• Option B: On-Site Work
  • The Contractor will perform services at the Client's location: [Client Address].
• Option C: Hybrid Arrangement
  • The Contractor will perform services both remotely and on-site as needed. Specific schedule to be agreed upon in advance.
  • Client System Access: [List Client Systems]
  • Use of Proprietary Tools: [List Client Tools]

3. Compensation

The Client shall compensate the Contractor as follows:

• Option A: Hourly Rate
  • The hourly rate is $[Rate] per hour.
• Option B: Per Deliverable/Project Fee
  • The fee per deliverable/project is $[Amount] as outlined in [Attachment/Schedule].
• Option C: Commission-Based Incentive
  • Commission is [Percentage]% of sales generated by leads provided by the Contractor.
• Option D: Reimbursement of Expenses
  • Pre-approved expenses, such as [List Expenses], will be reimbursed with supporting documentation and subject to client approval.
  • Nebraska Specific: Travel expenses for work within Nebraska will be reimbursed at the current IRS mileage rate.

4. Invoicing and Payment

• Invoicing: The Contractor shall submit invoices to the Client [Frequency, e.g., monthly]. Invoices must include date, invoice number, a detailed description of services rendered, and total amount due.
• Payment Timeline: The Client shall pay the Contractor within [Number] days of receipt of a valid invoice.
• Taxes: Contractor is responsible for all self-employment taxes. Client will issue Form 1099.
• Late Payment Interest: Late payments will accrue interest at a rate of [Percentage]% per month, or the maximum rate permitted by Nebraska law, whichever is lower.

5. Ownership of Work Product and Intellectual Property

• Ownership: All marketing materials, campaigns, digital content, logos, and data generated in the course of services shall become the sole property of the Client.
• Assignment: Contractor hereby assigns to Client all right, title, and interest in and to the Work Product.
• Return of Information: Upon termination, Contractor shall return or destroy all Client confidential business information in accordance with Nebraska's Uniform Trade Secrets Act.

6. Confidentiality and Non-Disclosure

• Confidentiality: The Contractor agrees to hold all Client marketing plans, customer data, trade secrets, and sensitive business information in strict confidence.
• Reference to Nebraska Law: Contractor agrees not to engage in any deceptive trade practices as defined in Nebraska’s Uniform Deceptive Trade Practices Act.
• Non-Disclosure Agreement: Contractor will sign Client’s separate non-disclosure agreement as a condition to this agreement.

7. Independent Contractor Status

• Independent Contractor: The Contractor is an independent contractor and not an employee, partner, or joint venturer of the Client.
• Benefits: The Contractor is not entitled to any Client-provided benefits.
• Taxes and Compliance: Contractor is responsible for all applicable federal and Nebraska state and local taxes, registrations, and permits.

8. Liability and Indemnification

• Indemnification: The Contractor agrees to indemnify and hold the Client harmless from any claims arising from the Contractor’s breach of contract, missed deadlines, loss of data, copyright infringement, or violation of third-party intellectual property.
• Insurance: Contractor shall maintain general liability and professional liability insurance in accordance with industry standards and Nebraska commercial practice. [Specify Insurance Requirements].

9. Client Obligations

• Cooperation: The Client agrees to provide timely cooperation, approvals, and access to necessary assets.
• Information: The Client agrees to provide accurate information to avoid project delays or additional charges.

10. Subcontracting

• Option A: Subcontracting Prohibited
  • The Contractor shall not subcontract any of the services under this Agreement.
• Option B: Subcontracting Permitted with Approval
  • The Contractor may subcontract services with the Client’s prior written approval.
  • All subcontractors must comply with Nebraska law and the terms of this Agreement.

11. Non-Solicitation/Non-Circumvention

• Non-Solicitation: The Contractor shall not directly solicit the Client's customers or employees for a period of [Number] months after contract termination.
• Compliance with Nebraska Law: This clause is intended to be compliant with Nebraska's public policy and enforceability principles regarding restraint of trade.

12. Non-Competition

• Option A: No Non-Competition Clause
• Option B: Non-Competition Clause (Narrowly Tailored)
  • During the term of this agreement and for [Number] months after termination, the Contractor shall not engage in [Specific Competing Activities] within [Specific Geographic Area, e.g., Douglas County, Nebraska].
  • This clause is intended to be narrowly tailored in scope, duration, and geography to comply with Nebraska's limits on enforceability of non-compete agreements.

13. Work for Competing Businesses

• Option A: Work Permitted
  • The Contractor may undertake marketing work for other businesses, including those that may be considered competitors of the Client.
• Option B: Work Prohibited Without Consent
  • The Contractor shall not undertake marketing work for any business considered a competitor of the Client without the Client's prior written consent.

14. Records Retention and Audit Rights

• Records Retention: The Contractor shall maintain records of all services performed under this Agreement for a period of [Number] years.
• Audit Rights: The Client shall have the right to audit the Contractor’s records related to this Agreement upon reasonable notice.

15. Term and Termination

• Term: This Agreement shall commence on [Start Date] and continue until [End Date].
• Option A: Automatic Renewal
  • This agreement shall automatically renew for successive [Period] periods 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 Convenience
  • Either party may terminate this Agreement for convenience upon [Number] days written notice.
• Option C: Termination for Cause
  • The Client may terminate this Agreement for cause if the Contractor breaches any material term of this Agreement.
• Settlement: Upon termination, the Client shall pay the Contractor pro-rata for all completed work.

16. Dispute Resolution

• Option A: Negotiation
  • The parties agree to first attempt to resolve any disputes through good faith negotiation.
• Option B: Mediation
  • If negotiation fails, the parties agree to submit any disputes to mediation in [City, Nebraska].
• Option C: Arbitration
  • Any unresolved dispute shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association in [City, Nebraska].
• Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska. Venue for any legal action shall be in [County], Nebraska.

17. Entire Agreement and Amendment

• Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings.
• Amendment: This Agreement may only be amended in writing signed by both parties.
• Electronic Signatures: Electronic signatures shall be valid and binding under Nebraska's Uniform Electronic Transactions Act.

18. Contractor Representation and Warranty

• Representation: The Contractor represents and warrants that they meet all Nebraska requirements for operating as an independent marketing contractor.
• Compliance: The Contractor warrants that they are in compliance with all applicable Nebraska advertising regulations, including prohibitions on deceptive or unfair marketing practices.

19. Force Majeure

Force Majeure: Neither party shall be liable for any failure to perform its obligations under this Agreement due to any cause beyond its reasonable control, including acts of God, war, or government regulation, consistent with Nebraska law.

20. Required Disclosures

Disclosure: Any required disclosures under Nebraska consumer protection or advertising law relevant to the marketing activities being contracted are [Disclose Here, if any].

21. Assignment

• Option A: No Assignment
  • Neither party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party.
• Option B: Assignment Permitted with Approval
  • The Client may assign this agreement to a successor entity with notification to the Contractor.

22. Return of Assets

Return of Assets: Upon termination, the Contractor shall return all Client physical or digital media, passwords, proprietary marketing assets, and records.

23. State-Specific Certifications

Certifications: The Client reserves the right to require any additional state-specific certifications for marketing or advertising professionals if Nebraska updates or adopts any such licensing requirements.

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

[Client Legal Name]

By: [Client Name]

Title: [Client Title]

[Contractor Legal Name]

By: [Contractor Name]

Title: [Contractor Title]