Nevada marketing independent contractor agreement template

Nevada Marketing Independent Contractor Agreement

This Nevada Marketing Independent Contractor Agreement is made and entered into as of [Date], by and between:

• [Client Company Name], a [State of Incorporation] corporation with its principal place of business at [Client Address], Nevada, and Nevada Business License Number (if applicable) [Client Business License Number] ("Client"), and
• [Contractor Company Name or Individual Name], with its principal place of business at [Contractor Address], Nevada, and Nevada Business License Number (if applicable) [Contractor Business License Number] ("Contractor").

1. Scope of Services

• The Contractor agrees to provide the following marketing services to the Client:
  • Option A: Digital Marketing Management: This includes managing all aspects of the Client’s online presence, including but not limited to website updates, SEO, and online advertising.
  • Option B: Campaign Strategy: This includes developing marketing campaigns tailored to the Client’s target audience and business goals.
  • Option C: Content Creation: This includes creating original written, visual, and audio content for the Client’s marketing channels.
  • Option D: Search Engine Optimization (SEO): This includes optimizing the Client's website and content to improve search engine rankings.
  • Option E: Social Media Management: This includes managing the Client's social media accounts and engaging with their audience.
  • Option F: Paid Advertising: This includes creating and managing paid advertising campaigns on various platforms.
  • Option G: Analytics Reporting: This includes providing regular reports on the performance of marketing campaigns.
  • Option H: Brand Development: This includes assisting in developing or refining the Client's brand identity.
  • Option I: Event Marketing: This includes planning and executing marketing events on behalf of the Client.
• Deliverables: The Contractor shall provide the following deliverables: [List of Deliverables].
• Performance Standards: The Contractor will perform services in a professional and workmanlike manner, meeting industry standards and the Client's reasonable expectations.
• Timetable: The Contractor will adhere to the following timetable for completion of services: [Timetable Details].
• Approval Checkpoints: The Client shall have the opportunity to review and approve the Contractor's work at the following checkpoints: [Checkpoint Details].
• Reporting Frequency: The Contractor will provide reports to the Client on a [Frequency, e.g., weekly, monthly] basis.
• Key Performance Indicators (KPIs): The success of the Contractor's services will be measured by the following KPIs: [List of KPIs].

2. Work Location and Access

• The Contractor will perform the services:
  • Option A: Remotely
  • Option B: At Client’s Premises located at [Client Address], Nevada.
  • Option C: At a specified location: [Location Address].
• Access to Client Systems: The Contractor will be granted access to the following Client systems: [List of Systems].
• Restricted Areas: The Contractor will not be permitted access to the following restricted areas of the Client’s premises: [List of Restricted Areas].
• Proprietary Tools: The Contractor may use the following proprietary tools of the Client: [List of Tools].
• Digital Accounts: The Contractor will have access to the following digital accounts: [List of Accounts].
• Data Privacy: The Contractor shall comply with all applicable data privacy regulations, including Nevada Revised Statutes (NRS) Chapter 603A regarding the protection of personal information.

3. Term and Termination

• The term of this Agreement shall commence on [Start Date] and shall:
  • Option A: Continue until [End Date].
  • Option B: Continue until terminated as provided herein.
• Renewal: This Agreement:
  • Option A: Shall automatically renew for successive [Duration, e.g., one-year] terms unless either party provides written notice of termination at least [Number] days prior to the end of the then-current term.
  • Option B: Shall not automatically renew.
• Minimum Service Commitment: The Contractor commits to providing a minimum of [Number] hours of service per [Time Period, e.g., week, month].
• Termination for Cause: Either party may terminate this Agreement for cause upon [Number] days' written notice if the other party materially breaches this Agreement and fails to cure such breach within [Number] days after receiving written notice thereof.
• Termination for Convenience: The Client may terminate this Agreement for convenience upon [Number] days' written notice to the Contractor.
• Upon termination, the Contractor shall return all Client property and transfer all digital accounts to the Client.

4. Compensation and Payment

• The Client shall compensate the Contractor as follows:
  • Option A: Retainer: A monthly retainer of [Dollar Amount].
  • Option B: Hourly: An hourly rate of [Dollar Amount].
  • Option C: Per Deliverable: A fee of [Dollar Amount] per deliverable as defined in Section 1.
  • Option D: Per Campaign: A fee of [Dollar Amount] per marketing campaign.
  • Option E: Commission-Based: A commission of [Percentage]% of [Sales/Revenue].
  • Option F: Blended Fee: A combination of the above, as follows: [Detailed Explanation].
• Payment Schedule: The Client shall pay the Contractor:
  • Option A: Monthly, within [Number] days of receipt of invoice.
  • Option B: Upon completion of each deliverable, within [Number] days of acceptance.
  • Option C: According to the following schedule: [Detailed Payment Schedule].
• Invoicing Procedure: The Contractor shall submit invoices to the Client at [Invoice Email Address or Mailing Address].
• Late Payment Penalties: Late payments shall be subject to a penalty of [Percentage]% per month, or the maximum rate allowed by Nevada law, whichever is lower.
• Expense Reimbursement: The Client shall reimburse the Contractor for reasonable expenses incurred in connection with the services, subject to the Client's prior approval.
• Taxes: The Contractor is responsible for all applicable federal, state (including Nevada Commerce Tax if the threshold is met), and local taxes, including Nevada gross receipts tax, arising out of the compensation paid under this Agreement.

5. Independent Contractor Relationship

• The parties agree that the Contractor is an independent contractor and not an employee of the Client. Nothing in this Agreement shall be construed as creating a partnership, joint venture, or agency relationship between the parties.
• The Contractor is not eligible for unemployment insurance, workers' compensation, or other employee benefits from the Client.
• The Contractor shall maintain their own liability insurance and all necessary business registrations, licenses, and tax filings with the Nevada Department of Taxation and local authorities.

6. Intellectual Property

• Ownership:
  • Option A: All campaign materials, creative content, marketing strategies, and data produced by the Contractor under this Agreement shall become the property of the Client upon payment.
  • Option B: The Contractor retains the right to use the campaign materials, creative content, and marketing strategies for portfolio purposes, subject to the Client's confidentiality obligations.
• Protection of Client Trademarks: The Contractor shall not use the Client's trademarks or trade names without the Client's prior written consent.
• Trade Secrets: The Contractor shall protect the Client's trade secrets in accordance with the Nevada Uniform Trade Secrets Act.

7. Confidentiality

• The Contractor shall keep confidential all information relating to the Client's business, including but not limited to financial information, customer lists, marketing plans, and trade secrets.
• The Contractor shall handle, store, retain, and delete client data in accordance with industry standards and applicable data privacy laws.

8. Non-Solicitation and Non-Compete

• Non-Solicitation: During the term of this Agreement and for a period of [Number] months after termination, the Contractor shall not solicit or attempt to solicit any employee of the Client to leave the Client's employment.
• Non-Compete: During the term of this Agreement and for a period of [Number] months after termination, within [Geographic Area, e.g., Clark County, Nevada], the Contractor shall not engage in any business that directly competes with the Client's business; this provision shall only be enforceable to the extent permitted under Nevada law, which disfavors broad restraints on trade.

9. Warranties and Representations

• The Contractor warrants and represents that:
  • The deliverables provided under this Agreement are original and do not infringe on the intellectual property rights of any third party.
  • The Contractor will comply with all applicable laws and regulations in performing the services.
  • The Contractor possesses the necessary skills, experience, and qualifications to perform the services.
  • The contractor maintains valid professional certifications or Nevada industry registrations: [List of Certifications/Registrations].

10. Indemnification and Liability

• The Contractor shall indemnify and hold harmless the Client from and against any and all claims, losses, damages, liabilities, costs, and expenses arising out of or in connection with the Contractor's breach of this Agreement, negligence, or willful misconduct.
• Limitation of Liability: The Client's liability to the Contractor shall be limited to the amount of compensation paid to the Contractor under this Agreement.
• Insurance: The Contractor shall maintain adequate insurance coverage, including but not limited to professional liability insurance, with limits of at least [Dollar Amount].
• 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, including but not limited to acts of God, war, terrorism, or natural disasters affecting Nevada-based services.

11. Dispute Resolution

• The parties shall attempt to resolve any disputes arising out of or relating to this Agreement through negotiation and mediation.
• If the parties are unable to resolve the dispute through negotiation and mediation, the dispute shall be submitted to binding arbitration in Nevada, in accordance with the Nevada Arbitration Act (NRS 38).
• This Agreement shall be governed by and construed in accordance with the laws of the State of Nevada. The exclusive venue for any litigation arising out of or relating to this Agreement shall be in the state courts located in Nevada.

12. Compliance with Laws

• The Contractor shall comply with all applicable Nevada and local business regulations, including but not limited to city/county business licensing, advertising content standards, gaming/gambling advertising restrictions (if relevant), and telemarketing regulations as per NRS Chapter 597.
• The Contractor shall stay up-to-date on evolving marketing law, FTC advertising guidelines, data protection standards, state consumer protection law, and any sector-specific requirements.

13. Notices

• All notices and other communications under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, or sent by email to the following addresses:
  • To Client: [Client Address], [Client Email Address].
  • To Contractor: [Contractor Address], [Contractor Email Address].

14. Entire Agreement

• This Agreement, including any schedules, exhibits, and addenda, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

15. Miscellaneous

• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Merger: This Agreement constitutes the entire agreement between the parties.
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.
• Assignment/Subcontracting: The Contractor shall not assign or subcontract any of its rights or obligations under this Agreement without the Client's prior written consent.

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

[Client Company Name]

By: [Client Name]

Title: [Client Title]

[Contractor Company Name or Individual Name]

By: [Contractor Name]

Title: [Contractor Title]