New Mexico marketing service contract template

New Mexico Marketing Service Contract

This New Mexico Marketing Service Contract (the "Agreement") is made and entered into as of [Date], by and between:

[Marketing Service Provider Legal Name], a [State] [Entity Type, e.g., LLC], with its principal place of business at [Address], and its registered agent at [Registered Agent Name], located at [Registered Agent Address] (the "Provider"); and

[Client Legal Name], a [State] [Entity Type, e.g., LLC], with its principal place of business at [Address], and its registered agent at [Registered Agent Name], located at [Registered Agent Address] (the "Client").

Scope of Services

• Option A: General Marketing Services. The Provider shall provide the Client with the following marketing services: [Description of general services, e.g., digital marketing strategy, content creation, social media management].
• Option B: Specific Campaign. The Provider shall provide the Client with services related to a specific marketing campaign: [Description of specific campaign, including campaign name and goals].
• Option C: Project Based Services. The Provider shall deliver the following marketing projects: [List of marketing projects. E.g., new website design, brochure design, video production].

Deliverables and Performance Indicators

• Option A: General Performance. The Provider will deliver [List of deliverables, e.g., monthly reports, social media posts, blog articles]. Performance will be measured by [List of performance indicators, e.g., website traffic, social media engagement, lead generation].
• Option B: Campaign-Specific. The Provider will deliver [List of campaign deliverables, e.g., ad creatives, landing pages, email sequences]. Performance will be measured by [List of campaign-specific metrics, e.g., ROI, CTR, conversion rate, cost per acquisition].

Client Responsibilities

• Option A: Standard Responsibilities. The Client shall provide the Provider with:
  • [List of client responsibilities, e.g., timely approvals, access to data, brand guidelines].
  • The Client shall respond to Provider requests within [Number] business days.
• Option B: Expanded Responsibilities. In addition to the above, the Client shall:
  • Provide [Specific item, e.g., customer testimonials, product samples] within [Number] days of request.
  • Attend weekly update meetings.

Location of Services

• Option A: Remote. Services will be performed remotely.
• Option B: On-Site in New Mexico. Services will be performed on-site at [Client Location] in New Mexico.
• Option C: Hybrid. Services will be performed remotely and on-site at [Client Location] in New Mexico, as needed.

Fees and Payment

• Option A: Monthly Retainer. The Client shall pay the Provider a monthly retainer fee of [Dollar Amount].
• Option B: Project-Based. The Client shall pay the Provider a fee of [Dollar Amount] for the completion of the project described in Section 1.
  • Payment Schedule: [Detail payment schedule, e.g., 50% upfront, 50% upon completion].
• Option C: Hourly Rate. The Client shall pay the Provider at an hourly rate of [Dollar Amount].
  • Invoices will be submitted [Frequency, e.g., monthly].
• Late Payment: Late payments are subject to a [Percentage]% interest charge per month, or the maximum rate allowed by New Mexico law.

Expenses

• Option A: Reimbursable Expenses. The Client shall reimburse the Provider for the following expenses: [List of reimbursable expenses, e.g., media buys, ad spend, travel expenses].
  • All expenses must be pre-approved by the Client in writing.
  • The Provider will provide supporting documentation for all expenses.
• Option B: Included Expenses. All expenses are included in the fees described in Section 5.

Intellectual Property

• Option A: Client Ownership. Upon full payment, all intellectual property rights to creative materials created by the Provider for the Client shall transfer to the Client.
• Option B: License. The Provider grants the Client a [Type of license, e.g., perpetual, non-exclusive] license to use the creative materials created by the Provider.
• Option C: Provider Retention. The Provider retains all intellectual property rights to the creative materials, except for any pre-existing Client IP.

Compliance with Laws

• The Provider shall comply with all applicable federal and New Mexico laws and regulations, including the New Mexico Unfair Practices Act and Consumer Protection laws.
• All marketing materials will comply with ethical standards and non-deceptive marketing conduct.

Confidentiality

• Both parties agree to keep confidential all non-public information relating to the other party's business.
• This includes, but is not limited to, business strategies, customer data, and marketing plans.

Quality Control

• The Provider will ensure the quality of all deliverables.
• The Client has [Number] days to review and approve each deliverable.
• If the Client rejects a deliverable, the Provider will revise it within [Number] days.

Change Requests

• Any changes to the scope of services must be documented in a written change request.
• The change request must be approved by both parties.
• The fees and timeline may be adjusted to reflect the changes.

After-Service Support

• Option A: Limited Support. The Provider will provide [Description of support, e.g., campaign monitoring, reporting] for [Number] days after the completion of the services.
• Option B: No Support. No after-service support is provided.

Remedies for Service Interruption

• The Provider shall not be liable for delays or interruptions caused by force majeure events, internet outages, or third-party platform failures.
• The Provider will make reasonable efforts to mitigate any such delays or interruptions.

Indemnification

• The Provider shall indemnify the Client against any claims of third-party IP infringement, false advertising, or consumer complaints arising from the services provided.
• The Client shall indemnify the Provider against any claims arising from the Client's use of the marketing materials.
• Neither party shall be liable for consequential damages except for intentional wrongdoing or gross negligence as governed by New Mexico law.

Termination

• Either party may terminate this Agreement upon [Number] days written notice.
• The Client shall pay the Provider for all work completed prior to termination.
• Upon termination, both parties shall return or destroy all confidential information.

Dispute Resolution

• Any disputes arising from this Agreement shall be resolved through good faith negotiation.
• If negotiation fails, the parties agree to mediation in New Mexico with a mutually agreed-upon mediator.
• If mediation fails, the parties may pursue arbitration or litigation in state or federal courts located in New Mexico.
• This Agreement shall be governed by the laws of the State of New Mexico.
• The exclusive venue for any disputes shall be in the state or federal courts located in New Mexico.

Record Retention

• The Provider will maintain records of all marketing data and client communications in accordance with New Mexico law.
• The Provider will assist the Client in responding to any regulatory inquiries by New Mexico authorities.

Adjustments for New Mexico

• The Provider reserves the right to adjust the terms, fees, processes, or deliverables to accommodate the unique regulatory, business, and cultural realities of marketing in New Mexico.
• This includes specific concerns for regulated industries (such as cannabis, alcohol, or gaming) or campaigns targeting New Mexico consumers.

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

[Marketing Service Provider Legal Name]

By: [Name]

Title: [Title]

[Client Legal Name]

By: [Name]

Title: [Title]