Nebraska marketing service contract template

Nebraska Marketing Services Agreement

This Nebraska Marketing Services Agreement ("Agreement") is made and entered into as of [Date] by and between:

[Service Provider Name], a [Service Provider Entity Type, e.g., Limited Liability Company] organized and existing under the laws of Nebraska, with its principal place of business at [Service Provider Address] ("Service Provider"), and Nebraska Entity Number: [Service Provider Entity Number]. Contact Person: [Service Provider Contact Name], Contact Details: [Service Provider Contact Phone Number] and [Service Provider Contact Email].

[Client Name], a [Client Entity Type, e.g., Corporation] organized and existing under the laws of Nebraska, with its principal place of business at [Client Address] ("Client"), and Nebraska Entity Number: [Client Entity Number]. Contact Person: [Client Contact Name], Contact Details: [Client Contact Phone Number] and [Client Contact Email].

1. Scope of Services

The Service Provider agrees to provide the following marketing services to the Client:

Option A: Digital Marketing Services

• SEO: [SEO Services Details]
• SEM: [SEM Services Details]
• Social Media Marketing: [Social Media Marketing Services Details]

Option B: Market Research Services

• [Market Research Details]

Option C: Content Creation Services

• Copywriting: [Copywriting Services Details]
• Graphic Design: [Graphic Design Services Details]

Option D: Branding Services

• [Branding Services Details]

Option E: Email Marketing

• [Email Marketing Service Details]

Option F: Campaign Management

• [Campaign Management Service Details]

Option G: Traditional Marketing (if needed, specify which)

• [Traditional Marketing Details]

2. Timeline and Milestones

Option A: Campaign Launch Dates

• [Campaign Launch Dates]

Option B: Adjustment Intervals

• [Adjustment Intervals, e.g., Weekly, Monthly]

Option C: Reporting Cycles

• [Reporting Cycles, e.g., Weekly, Monthly]

3. Performance Indicators and Deliverables

Option A: Key Performance Indicators (KPIs)

• [Number/Type of Campaigns]
• [Ad Impressions Target]
• [Lead Generation Target]
• [Audience Growth Target]
• [Content Pieces Target]

Option B: Deliverables

• [List of deliverables, e.g., reports, ad creatives, content calendar]

4. Client Responsibilities

Option A: Approvals

• [Approval Process and Deadlines]

Option B: Branded Assets

• [Specifications and Delivery Method]

Option C: Regulatory Compliance

• [Required Information and Updates]

Option D: Feedback

• [Feedback Method and Deadlines]

5. Communication Protocols

Option A: Regular Meetings

• [Frequency and Method of Communication]

Option B: Escalation Points

• [Contact Information for Escalation]

6. Service Location

Option A: On-Site Services (Nebraska)

• [Location(s) in Nebraska]

Option B: Remote Services

• [Remote Service Details]

Option C: Hybrid Services

• [Details of On-Site vs. Remote Service]

7. Fees and Payment

Option A: Fee Structure

• Retainer: [Retainer Amount]
• Project-Based: [Project Fees]
• Hourly: [Hourly Rate]
• Performance Bonus: [Performance Bonus Structure]

Option B: Sales Tax

• [Applicable Nebraska Sales Tax Information]

Option C: Invoice Schedule

• [Invoice Frequency]

Option D: Payment Terms

• [Payment Due Date]

8. Intellectual Property Rights

Option A: Ownership

• Upon full payment, all rights, title, and interest in and to the deliverables, including copyrights, shall transfer to the Client, subject to Nebraska law.

Option B: License

• [Specify any licenses for third-party materials]

Option C: Portfolio Use

• Service Provider may use anonymized results and deliverables for portfolio purposes.

9. Confidentiality

Both parties agree to maintain the confidentiality of [Business Plans, Campaign Strategies, Customer Lists, etc.] consistent with the Nebraska Uniform Trade Secrets Act.

10. Data Protection

Compliance with all applicable data privacy laws, including CAN-SPAM, TCPA, and Nebraska data breach notification statutes.

11. Compliance with Laws

Client is responsible for compliance with advertising and truth-in-advertising laws, including the Nebraska Uniform Deceptive Trade Practices Act.

Service Provider will adhere to Nebraska law and current Nebraska Attorney General guidelines for marketing practices.

12. Quality Control

Option A: Review Periods

• [Review Periods]

Option B: Revision Processes

• [Revision Processes]

Option C: Error Rectification

• [Error Rectification Process]

13. Material Breach

Material breach includes [Substandard performance, missed deadlines, non-payment]. Damages or remediation may include [Fee refunds, suspension of service].

14. Contract Modification

All modifications must be in writing and signed by both parties.

15. Force Majeure

Neither party shall be liable for delays or failures due to [Natural events, regulatory changes, market disruptions].

16. Termination

Option A: Termination for Cause

• [Specify breach conditions and cure periods]

Option B: Termination for Convenience

• [Notice Period]

Option C: Mutual Agreement

• [Terms of Mutual Agreement]

17. Dispute Resolution

Any disputes shall be resolved through negotiation and mediation within Nebraska. If unresolved, disputes may be submitted to arbitration or litigation with exclusive venue in Nebraska state or federal courts.

18. Insurance

Service Provider shall maintain [Professional liability, cyber liability] insurance.

19. Non-Solicitation

[Non-solicitation terms, if applicable, must comply with Nebraska law regarding geographic and time limitations].

20. Subcontracting

Subcontracting requires Client approval and compliance with Nebraska independent contractor law.

21. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska.

22. Compliance

Compliance with all Nebraska employment, tax withholding, and independent contractor eligibility requirements.

23. Licensing

Compliance with applicable Nebraska state and local licensing or registration obligations for marketing activities.

24. Sector-Specific Regulations

Marketing content targeting regulated Nebraska industries (e.g., financial services, healthcare) will comply with sector-specific regulations.

25. Entire Agreement; Severability

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.

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

[Service Provider Name]

By: [Service Provider Authorized Signatory Name]

Title: [Service Provider Signatory Title]

[Client Name]

By: [Client Authorized Signatory Name]

Title: [Client Signatory Title]