Nevada marketing service contract template

Nevada Marketing Service Contract

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

[Marketing Agency Full Legal Name], a [State of Formation] [Entity Type], with its principal place of business at [Marketing Agency Full Address], hereinafter referred to as “Provider,”

• Phone: [Marketing Agency Phone Number]
• Email: [Marketing Agency Email Address]

and

[Client Full Legal Name], a [State of Formation] [Entity Type], with its principal place of business at [Client Full Address], hereinafter referred to as “Client.”

• Phone: [Client Phone Number]
• Email: [Client Email Address]

1. Scope of Services

• Option A: General Marketing Services. Provider will provide Client with the following marketing services in Nevada: [Description of General Marketing Services].
• Option B: Specific Marketing Campaign. Provider will conduct the following specific marketing campaign for Client in Nevada: [Detailed Description of Campaign, including Target Audience and Geographic Area within Nevada].
• Option C: Social Media Management. Provider will manage Client's social media presence on the following platforms: [List of Social Media Platforms], with the goal of [Define Goals, e.g., Increased Engagement, Lead Generation in Nevada].
• Option D: Digital Advertising. Provider will manage digital advertising campaigns for Client through the following channels: [List of Channels, e.g., Google Ads, Social Media Ads], targeting [Specify Target Audience within Nevada].

2. Deliverables and Deadlines

• Option A: Project-Based. The following deliverables will be provided according to the following schedule:
  • [Deliverable 1]: Due [Date]
  • [Deliverable 2]: Due [Date]
  • [Deliverable 3]: Due [Date]
• Option B: Ongoing Services. Deliverables will be provided on a [Weekly/Monthly/Quarterly] basis, including:
  • [Reporting Frequency]: [Weekly/Monthly/Quarterly] reports on key performance indicators (KPIs).
  • KPIs to include: [List of KPIs, e.g., Website Traffic, Lead Generation, Conversion Rates relevant to Nevada market].
• Option C: Approvals. All deliverables require Client approval within [Number] business days.

3. Client Obligations

• Option A: Provision of Materials. Client will provide Provider with all necessary brand assets, including:
  • Logos: High-resolution versions of all logos.
  • Brand Guidelines: Document outlining brand colors, fonts, and messaging.
  • Access to Accounts: Access to relevant social media accounts, website analytics, and advertising platforms.
• Option B: Timely Feedback. Client will provide timely feedback on all deliverables, adhering to the approval timelines outlined in Section 2.
• Option C: Legal Compliance. Client is responsible for ensuring all marketing materials comply with applicable Nevada laws and regulations, including:
  • Advertising Standards: Compliance with NRS Chapter 207 regarding unlawful advertising.
  • Gaming Compliance: Compliance with Nevada Gaming Control Board regulations if applicable to Client's business.
  • Privacy Compliance: Compliance with Nevada Revised Statutes (NRS) 603A for data privacy.

4. Service Location and Permitting

• Option A: Remote Services. Services will be performed remotely by Provider's team.
• Option B: On-Site Services. Services will be performed at the Client's premises located in Nevada at [Client Address].
• Option C: Event Marketing. If this Agreement involves event marketing, Client is responsible for obtaining any necessary permits or licenses required by Nevada law for the event location. Provider to assist with necessary details for client to gain permits.

5. Roles and Staffing

• Option A: Provider's Team. The primary contact for Provider will be [Provider Name], [Provider Title].
• Option B: Client's Team. The primary contact for Client will be [Client Name], [Client Title].
• Option C: Subcontractors. Provider may utilize the following subcontractors: [List of Subcontractors and their Roles]. All subcontractors must be compliant with Nevada licensing requirements if applicable to their services.

6. Fees, Expenses, and Payment

• Option A: Fixed Fee. The total fee for the services outlined in this Agreement is [Dollar Amount].
• Option B: Hourly Rate. Provider's hourly rate is [Dollar Amount] per hour.
• Option C: Performance-Based Fee. Provider will receive a performance-based fee based on the following metrics: [Specify Metrics and Fee Structure].
• Expenses: Client will reimburse Provider for reasonable expenses incurred in connection with the services, including:
  • Travel: Mileage at the IRS standard rate, and other travel costs with prior approval.
  • Advertising Costs: Actual costs of advertising placements.
  • Materials: Costs of any materials purchased for the project.
• Invoicing: Provider will invoice Client [Frequency, e.g., Monthly], and payment is due within [Number] days of the invoice date.
• Nevada Sales/Use Tax: All fees are exclusive of Nevada sales/use tax, which will be added to invoices as applicable.
• Late Payment Penalty: Late payments will be subject to a penalty of [Percentage] per month, not exceeding the maximum rate allowed by Nevada law.

7. Intellectual Property

• Option A: Client Ownership. Upon full payment, Client will own all final creative materials created specifically for them under this agreement.
• Option B: Provider Portfolio Use. Provider reserves the right to use non-protected work created under this Agreement for portfolio purposes, subject to Client's confidentiality obligations.
• Option C: Trademarks/Logos. Client grants Provider a non-exclusive license to use Client's trademarks and logos solely for the purpose of providing the services outlined in this Agreement. Use requires written pre-approval by client.

8. Nevada Advertising Law Compliance

Provider warrants that all marketing materials will comply with Nevada advertising laws, including NRS Chapter 207 regarding unlawful advertising.

Any contests, sweepstakes, or promotions conducted in Nevada will comply with all applicable Nevada laws and regulations, including required disclosures.

Provider will comply with Nevada privacy laws (e.g., NRS 603A) when handling personal data in connection with marketing activities.

9. Confidentiality

Both parties agree to hold each other's confidential information in confidence, including non-public commercial, technical, and customer data.

This obligation will survive the termination of this Agreement.

Exceptions: This obligation does not apply to information that is publicly available, already known to the receiving party, or required to be disclosed by law.

10. Compliance with Laws

Provider will comply with all applicable federal and Nevada state laws and regulations, including the CAN-SPAM Act, Nevada's anti-spam laws, and telemarketing regulations.

All email/SMS marketing will include required disclosures and opt-out provisions as required by Nevada law.

11. Warranties

Provider warrants that the services will be performed in a professional and workmanlike manner and will comply with all applicable Nevada and federal laws.

Provider warrants that the marketing materials will not infringe upon the intellectual property rights of any third party and will not contain any false or deceptive claims.

Provider does not warranty campaign effectiveness unless otherwise expressly agreed upon in a performance-based compensation model.

If any deliverables do not conform to this warranty, Provider will have [Number] days to remedy the non-conformity.

12. Approval and Change Management

Any changes to the scope of services or deliverables must be agreed upon in writing by both parties in compliance with Nevada contract amendment protocols.

Client will provide feedback on deliverables within [Number] business days.

Project adjustments will be made as needed based on feedback and market conditions.

13. Insurance

Provider will maintain the following insurance coverage:

• Errors and Omissions Insurance
• Commercial General Liability Insurance

If events are involved, Provider must have event insurance.

Provider will provide proof of insurance upon request.

Provider will maintain valid Nevada business licenses as required by NRS Chapter 76.

14. Force Majeure

Neither party will be liable for any delay or failure to perform its obligations under this Agreement due to force majeure events, including natural disasters common to Nevada (such as wildfires or extreme heat), or local regulatory interventions.

The affected party will provide prompt notification to the other party and will make reasonable efforts to mitigate the impact of the force majeure event.

15. Termination

Either party may terminate this Agreement for breach, mutual agreement, insolvency, non-payment, or incurrence of illegal conduct under Nevada law.

The terminating party must provide [Number] days written notice to the other party.

Upon termination, Client will pay Provider for all services performed up to the date of termination, and Provider will deliver all work in progress.

16. Liability Limitations and Indemnification

To the extent permitted by Nevada law, Provider's liability for any claims arising out of or related to this Agreement will be limited to the amount of fees paid by Client to Provider under this Agreement.

Client agrees to indemnify and hold Provider harmless from any claims, damages, or expenses arising out of or related to Client's breach of this Agreement or any third-party claims arising from Client's marketing activities in Nevada.

17. Dispute Resolution

Any disputes arising out of or related to this Agreement will be resolved through commercial negotiation, mediation (potentially through a Nevada-certified mediator), and, if necessary, arbitration or litigation exclusively in a Nevada court.

This Agreement will be governed by and construed in accordance with the laws of the State of Nevada.

18. Compliance with Nevada Laws

Both parties agree to comply with all applicable Nevada and federal laws and regulations, including NRS Chapters 598 (Deceptive Trade Practices) and 603A (Personal Information Protection).

19. Representations and Warranties

Each party represents and warrants that it is duly organized, authorized to do business in Nevada, and will not engage in any unlicensed activity prohibited by Nevada law.

20. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, consistent with Nevada contract doctrine.

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

[Marketing Agency Full Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Client Full Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]