New Hampshire marketing service contract template

New Hampshire Marketing Services Contract

This New Hampshire Marketing Services Contract (the "Agreement") is made and effective as of [Date] by and between:

• [Marketing Service Provider's Full Legal Name], a [Business Entity Type, e.g., Limited Liability Company] with its principal place of business at [Address] ("Provider"),
• and
• [Client's Full Legal Name], a [Business Entity Type, e.g., Corporation] with its principal place of business at [Address] ("Client").

1. Services

• Option A: General Marketing Services. Provider will provide the following marketing services to Client: [Description of Services].
• Option B: Specific Marketing Campaign. Provider will execute a marketing campaign for Client as described in Exhibit A attached hereto.
• Option C: Retainer-Based Services. Provider will provide marketing services to Client on a retainer basis as described in Exhibit B attached hereto.

2. Project Schedule and Timelines

• Option A: Specific Timeline. The project timeline shall be as follows: [Specific Timeline Details].
• Option B: Ongoing Services. Services will be provided on an ongoing basis, with key milestones to be agreed upon in writing by both parties.
• Option C: Agile Methodology. The parties will use an agile methodology for project management, with sprints and reviews as defined in Exhibit C.

3. Client Responsibilities

• Option A: Provision of Materials. Client shall provide Provider with the following materials: [List of Materials] within [Number] days of the Effective Date.
• Option B: Approvals and Feedback. Client shall provide approvals and feedback within [Number] days of receiving drafts from Provider.
• Option C: Data Access. Client shall provide Provider with access to the following data: [Description of Data].

4. Service Location

• Option A: Remote Services. All services will be provided remotely.
• Option B: On-Site Services. Services will be provided on-site at [Address]. Provider will visit the Client's premises as needed to perform the services defined in this agreement.
• Option C: Hybrid Services. Services will be provided both remotely and on-site, as agreed upon by both parties.
  • Required on-site visits: [Description of On-Site Visits].
  • Travel Policy: Travel expenses will be [Paid by Provider/Paid by Client/Reimbursed by Client].

5. Fees and Payment

• Option A: Fixed Fee. The total fee for the services is [Amount].
• Option B: Hourly Rate. The hourly rate for the services is [Amount].
• Option C: Performance-Based. Fees will be based on performance metrics as described in Exhibit D.
  • Payment Schedule: [Payment Schedule Details].
  • Late Payment Penalty: A late payment penalty of [Percentage]% will be applied to invoices not paid within [Number] days of the due date.

6. Intellectual Property

• Option A: Client Ownership. All intellectual property created by Provider as a result of this Agreement shall be owned by Client upon full payment.
• Option B: Provider Ownership. Provider retains ownership of all intellectual property, but grants Client a license to use it for [Specific Purpose].
• Option C: Joint Ownership. Intellectual property will be jointly owned by Provider and Client.

7. Confidentiality

• Option A: Standard Confidentiality. Both parties agree to hold each other's confidential information in confidence.
• Option B: Specific Confidential Information. The following information shall be considered confidential: [List of Confidential Information].
• Option C: Term of Confidentiality. The confidentiality obligations shall continue for [Number] years after the termination of this Agreement.

8. Data Protection and Privacy Compliance

• Option A: General Compliance. Provider will comply with all applicable data protection and privacy laws, including CAN-SPAM and any applicable New Hampshire state laws.
• Option B: Specific Requirements. Provider will adhere to the following specific data protection and privacy requirements: [List of Requirements].
• Option C: Data Breach Notification. In the event of a data breach, Provider will notify Client within [Number] hours.

9. Performance Measurement and Reporting

• Option A: Monthly Reporting. Provider will provide monthly reports on campaign performance.
• Option B: Real-Time Dashboard. Client will have access to a real-time marketing dashboard.
• Option C: Agreed-Upon Metrics. Performance will be measured against the following metrics: [List of Metrics].

10. Service Standards and Quality Assurance

• Option A: Industry Standards. Provider will adhere to industry best practices and standards.
• Option B: Specific Standards. Provider will adhere to the following specific service standards: [List of Standards].
• Option C: Revision Policy. Client is entitled to [Number] revisions of each deliverable.

11. Approval and Revision Cycles

• Option A: Standard Approval Process. Client must approve all materials within [Number] days.
• Option B: Revision Limits. Out-of-scope revisions will be subject to additional fees.
• Option C: Expedited Approval. Client can request expedited approval for an additional fee of [Amount].

12. Force Majeure

• Option A: Standard Force Majeure. Neither party shall be liable for any failure to perform its obligations due to force majeure.
• Option B: Specific Events. Force majeure events include, but are not limited to: [List of Events].
• Option C: Notification Requirement. The affected party must notify the other party within [Number] days of the force majeure event.

13. Termination

• Option A: Termination for Cause. Either party may terminate this Agreement for cause upon written notice.
• Option B: Termination for Convenience. Client may terminate this Agreement for convenience upon [Number] days written notice.
• Option C: Effect of Termination. Upon termination, Client shall pay Provider for all services rendered up to the date of termination.

14. Dispute Resolution

• Option A: Negotiation. The parties agree to first attempt to resolve any disputes through negotiation.
• Option B: Mediation. If negotiation fails, the parties agree to submit to mediation in [City, New Hampshire].
• Option C: Arbitration. If mediation fails, the parties agree to submit to binding arbitration in [City, New Hampshire] under New Hampshire law.

15. Liability and Indemnification

• Option A: Indemnification by Client. Client shall indemnify Provider against any claims arising from Client's content or instructions.
• Option B: Indemnification by Provider. Provider shall indemnify Client against any claims arising from Provider's negligence.
• Option C: Limitation of Liability. Provider's liability shall be limited to the amount of fees paid by Client.

16. Representations, Warranties, and Compliance

• Option A: Compliance with Laws. Provider warrants that it will comply with all applicable New Hampshire and federal laws.
• Option B: Accuracy of Information. Provider warrants that all information provided to Client will be accurate and truthful.
• Option C: No Infringement. Provider warrants that its services will not infringe on any third-party intellectual property rights.

17. Non-Solicitation and Non-Compete

• Option A: Non-Solicitation. Client agrees not to solicit Provider's employees for a period of [Number] years after the termination of this Agreement.
• Option B: Non-Compete. Client agrees not to compete with Provider in [Specific Geographic Area] for a period of [Number] years after the termination of this Agreement.
• Option C: No Restriction. Neither party shall be subject to any non-solicitation or non-compete restrictions.

18. Insurance

• Option A: Insurance Required. Provider shall maintain general liability and professional liability insurance.
• Option B: Proof of Insurance. Provider shall provide Client with proof of insurance upon request.
• Option C: Specific Coverage. Provider shall maintain the following specific insurance coverage: [Description of Coverage].

19. Subcontracting

• Option A: Subcontracting Allowed. Provider may subcontract its obligations under this Agreement.
• Option B: Prior Approval Required. Provider must obtain Client's prior written approval before subcontracting any services.
• Option C: Provider Responsibility. Provider shall be responsible for the performance of any subcontractors.

20. Amendments

• Option A: Written Amendments. This Agreement may be amended only in writing, signed by both parties.
• Option B: Email Amendments. This Agreement may be amended via email confirmation from authorized representatives of both parties.
• Option C: No Oral Amendments. No oral amendments to this Agreement shall be valid.

21. Miscellaneous

• Option A: Governing Law. This Agreement shall be governed by the laws of the State of New Hampshire.
• Option B: Severability. If any provision of this Agreement is held to be invalid, the remaining provisions shall remain in effect.
• Option C: Entire Agreement. This Agreement constitutes the entire agreement between the parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

[Marketing Service Provider's Full Legal Name]

By: [Name]

Title: [Title]

[Client's Full Legal Name]

By: [Name]

Title: [Title]