Oklahoma marketing service contract template

Oklahoma Marketing Service Agreement

This Oklahoma Marketing Service Agreement ("Agreement") is made and effective as of [Date], by and between:

• [Marketing Service Provider Company Name], a [State of Incorporation] corporation with its principal place of business at [Marketing Service Provider Address], hereinafter referred to as "Provider,"
• and
• [Client Company Name], a [State of Incorporation] corporation with its principal place of business at [Client Address], hereinafter referred to as "Client."

1. Scope of Services

• Option A: Digital Marketing Services
  • The Provider will provide the following digital marketing services to the Client:
  • Search Engine Optimization (SEO):
    • Deliverables: [List SEO Deliverables]
    • Objectives: [List SEO Objectives]
    • Deadline: [SEO Deadline]
  • Search Engine Marketing (SEM/PPC):
    • Deliverables: [List SEM/PPC Deliverables]
    • Objectives: [List SEM/PPC Objectives]
    • Deadline: [SEM/PPC Deadline]
  • Social Media Management:
    • Deliverables: [List Social Media Deliverables]
    • Objectives: [List Social Media Objectives]
    • Deadline: [Social Media Deadline]
• Option B: Content Creation Services
  • The Provider will provide the following content creation services to the Client:
  • Blog Posts: [Number] per [Time Period] on [Topic]
  • Website Content: [List Specific Pages]
  • Video Production: [Number] videos of [Length]
• Option C: Media Buying
  • The Provider will procure media placements for the Client, including:
  • Platforms: [List Platforms]
  • Target Markets/Geographic Areas: [List Target Markets/Areas], including specific Oklahoma regions or demographics if applicable.
  • Key Performance Indicators (KPIs): [List KPIs (e.g., website traffic, lead generation, conversion rates, media impressions). KPIs must be measurable and tailored to Oklahoma-based audiences if relevant.]

2. Project Milestones and Timelines

• Option A: Milestone-Based
  • Milestone 1: [Milestone Description]
    • Timeline: [Date]
    • Acceptance Criteria: [Acceptance Criteria]
  • Milestone 2: [Milestone Description]
    • Timeline: [Date]
    • Acceptance Criteria: [Acceptance Criteria]
• Option B: Timeline-Based
  • Phase 1: [Phase Description]
    • Start Date: [Date]
    • End Date: [Date]
    • Reporting Frequency: [Frequency, e.g., Weekly, Monthly]

3. Client Responsibilities

• Option A: Provision of Assets
  • The Client will provide the following assets to the Provider:
  • Product Details: [Details Required] by [Date]
  • Brand Guidelines: [Format] by [Date]
  • Logos: [Format] by [Date]
  • Prior Marketing Materials: [Examples] by [Date]
  • Approvals: [Specify Approval Process]
  • Passwords: [List Accounts]
  • Client Response Time: [Number] business days.
• Option B: Feedback and Approvals
  • The Client will provide feedback and approvals within [Number] business days of receiving deliverables from the Provider.

4. Service Location

• Option A: Remote Services
  • The services will be provided remotely.
• Option B: On-Site Services
  • The services will be provided on-site at the Client's Oklahoma location. [Client Address]
• Option C: Hybrid
  • The services will be provided both remotely and on-site.
  • On-site visits will occur [Frequency].
  • Travel within Oklahoma, if required, will be reimbursed at [Rate per mile] subject to Oklahoma tax law.

5. Payment Terms

• Option A: Fixed Fee
  • The total fixed fee for the services is [Amount].
• Option B: Hourly Rate
  • The hourly rate for the services is [Amount] per hour.
• Option C: Retainer
  • The Client will pay a monthly retainer fee of [Amount].

Cost Itemization:

• Digital Marketing: [Amount]
• Content Creation: [Amount]
• Media Buying: [Amount]

Invoicing:

• Invoices will be issued [Frequency] and must include [Required Documentation per Oklahoma accountancy standards].
• Due Dates: Payment is due within [Number] days of the invoice date.
• Payment Methods: [List Payment Methods]
• Disputed Invoices: Disputes must be submitted in writing within [Number] days of the invoice date.
• Oklahoma Sales Tax: Oklahoma sales tax of [Percentage]% will be applied to taxable services under Okla. Stat. tit. 68.

6. Intellectual Property Rights

• Option A: Ownership
  • Ownership of all marketing collateral created by the Provider will transfer to the Client upon full payment, as per Oklahoma law.
• Option B: Licensing
  • The Provider grants the Client a [Type] license to use the marketing collateral.

Copyright to creative works, campaign data, and analytics will transfer on full payment as per Oklahoma law.

The Provider may use the completed work in its portfolio for self-promotion, subject to client approval and confidentiality obligations.

7. Data Protection

• The Provider will comply with the Oklahoma Consumer Protection Act and any federal laws applicable to marketing data.
• The Provider will obtain consent for data collection and use of client and customer data.
• The Provider will maintain the confidentiality of sensitive information.

8. Compliance Warranties

• The Provider warrants that all marketing content, advertisements, and methods will comply with Federal Trade Commission (FTC) regulations, Oklahoma Deceptive Trade Practices Act, and any industry-specific rules (e.g., alcohol, cannabis, or health care marketing).
• Oklahoma Advertising Law Compliance: The Provider will ensure compliance with Okla. Stat. tit. 15, prohibiting false, misleading, or comparative advertising in violation of state standards.
• The Provider will ensure mandatory disclosures in paid/sponsored content per Oklahoma requirements.
• The Provider will comply with all applicable laws if marketing targets minors or regulated industries.

9. Third-Party Permissions

• Each party is responsible for obtaining necessary third-party permissions (music, images, endorsements).
• The Client is responsible for registering or clearing trademarks within Oklahoma.
• The Client is responsible for conforming to local ordinances on signage or outdoor advertising.

10. Confidentiality

• Both parties agree to hold confidential all business information and marketing strategies.
• This obligation extends [Number] years post-contract.
• Proprietary analytics or methods will be treated as confidential.

11. Social Media and Digital Platform Account Policy

• Ownership of social media and digital platform accounts created for the Client will belong to the Client.
• The Provider will provide login credentials upon termination of the Agreement.
• The Provider will comply with Oklahoma and federal privacy and security standards.

12. Representations and Warranties

• Both parties represent and warrant that they have the licensing, authority, capacity, and absence of conflicting agreements necessary to enter into this Agreement, as per Oklahoma contract law.

13. Insurance and Indemnification

• The Provider will maintain errors and omissions insurance and general liability insurance. [Specify Coverage Amounts]
• The Provider will indemnify the Client for claims arising from infringement, defamation, or regulatory violations under Oklahoma law.
• Limits of liability, exclusion of incidental damages, and any Oklahoma statutory limits are applicable.

14. Amendment

• Any changes to the scope of services (change orders) must be in writing and approved by both parties.
• Pricing impacts and approval workflow will be detailed in the change order.

15. Suspension and Force Majeure

• Either party may suspend performance due to force majeure events, including Oklahoma-specific definitions of excusable delay.
• Notice of suspension must be provided within [Number] days.

16. Termination

• Option A: Termination for Cause
  • Either party may terminate this Agreement for cause with [Number] days' written notice.
• Option B: Termination for Convenience
  • The Client may terminate this Agreement for convenience with [Number] days' written notice.

Upon termination, the Client will pay for all completed work, prorated as necessary.

17. Third-Party Vendors

• The Provider may engage third-party vendors (e.g., print vendors, media outlets).
• The Client is responsible for payment to these vendors.
• The Provider is not liable for vendor performance.

18. Dispute Resolution

• The parties agree to attempt to resolve any disputes through good faith negotiation.
• If negotiation fails, the parties agree to mediation or arbitration in Oklahoma City.
• Any litigation will be governed exclusively by Oklahoma law and venue in appropriate Oklahoma courts.

19. Notice

• All notices must be in writing and delivered by [Delivery Methods, e.g., certified mail, email], with reference to Oklahoma statutes recognizing electronic delivery.
• Notices to Provider: [Provider Notice Address]
• Notices to Client: [Client Notice Address]

20. Equal Opportunity

• Both parties will comply with all applicable Oklahoma and federal equal employment, labor, and anti-discrimination laws.

21. Records Retention

• The Provider will maintain records in compliance with Oklahoma requirements for business and tax documentation.

22. Miscellaneous

• Severability: If any provision of this Agreement is held to be invalid under Oklahoma law, the remaining provisions will remain in effect.
• Entire Agreement: This Agreement constitutes the entire agreement between the parties.
• Assignment: This Agreement may not be assigned without the written consent of both parties, subject to Oklahoma statutes on assignability.
• Execution: This Agreement may be executed in counterparts, and e-signatures are recognized under the Oklahoma Uniform Electronic Transactions Act.

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

[Marketing Service Provider Company Name]

By: [Name]

Title: [Title]

[Client Company Name]

By: [Name]

Title: [Title]