South Carolina marketing service contract template

South Carolina Marketing Service Contract

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

[Marketing Provider Legal Name], a [State] [Business Type, e.g., LLC], with its principal place of business at [Marketing Provider Address], South Carolina, and having a South Carolina business registration number of [Registration Number], hereinafter referred to as "Provider",

and

[Client Legal Name], a [State] [Business Type, e.g., Corporation], with its principal place of business at [Client Address], South Carolina, and having a South Carolina business registration number of [Registration Number], hereinafter referred to as "Client".

1. Scope of Services

Option A: Provider will provide the following marketing services to Client: [Description of Services, e.g., digital advertising strategy, social media management, SEO].

Option B: Provider will provide services as detailed in Exhibit A, attached hereto and incorporated herein by reference.

Option C: Provider will provide the following services, as mutually agreed upon in writing from time to time.

2. Project Scope and Deliverables

Campaign Objectives:

Option A: Increase brand awareness by [Percentage]% within [Timeframe].

Option B: Generate [Number] qualified leads per month.

Option C: Drive [Number] website conversions.

Deliverables:

Option A: Monthly performance reports, content calendars, ad creatives.

Option B: Weekly progress updates, SEO keyword ranking reports, social media post scheduling.

Option C: As specified in Exhibit B, Deliverables Schedule.

Performance Benchmarks (KPIs):

Option A: Impressions, clicks, conversions, ROAS.

Option B: Website traffic, social media engagement, lead generation cost.

Option C: As defined in Exhibit C, KPI Definitions.

3. Compliance with Laws and Regulations

Option A: Provider shall comply with all applicable federal and South Carolina laws and regulations, including FTC advertising regulations, the SC Department of Consumer Affairs rules, CAN-SPAM compliance, and the South Carolina Unfair Trade Practices Act.

Option B: Provider will adhere to industry advertising standards (IAB, ANA, DMA) where applicable.

Option C: Provider will consult with legal counsel to ensure compliance with all relevant laws and regulations.

4. Data Privacy and Security

Option A: Provider shall not use any third-party or client data except as expressly authorized by Client and in compliance with all applicable data privacy laws, including the South Carolina Financial Identity Fraud and Identity Theft Protection Act.

Option B: Provider will implement reasonable security measures to protect client data from unauthorized access or disclosure.

Option C: Provider will obtain all necessary consumer consents and manage opt-out requests in accordance with applicable laws and regulations.

5. Client Approval

Option A: All public-facing content and ad placements must be approved by Client in advance.

Option B: Client will provide feedback and approve content revisions within [Number] business days.

Option C: The review and approval workflow will be as follows: [Description of Workflow].

6. Client Obligations

Option A: Client shall provide Provider with all necessary marketing assets (e.g., brand guidelines, logos, product information) in a timely manner.

Option B: Client will grant Provider access to necessary systems and platforms.

Option C: Client will approve creative concepts within [Number] business days.

7. Location-Specific Marketing

Option A: All marketing activities shall comply with South Carolina-specific promotions laws (e.g., sweepstakes/contest disclosures).

Option B: Provider shall obtain all necessary local event permits.

Option C: Provider shall adhere to all local brand representation standards.

8. Service Fees and Payment

Option A: Client shall pay Provider a retainer fee of [Amount] per month.

Option B: Client shall pay Provider a project-based fee of [Amount].

Option C: Client shall pay Provider hourly at a rate of [Amount] per hour.

Payment Schedule:

Option A: Monthly invoices will be submitted on the [Day] of each month and are due within [Number] days of receipt.

Option B: 50% of the project fee is due upon signing this Agreement, and the remaining 50% is due upon completion of the project.

Option C: Weekly invoices will be submitted and are due within [Number] days of receipt.

Applicable Taxes: Client is responsible for paying all applicable South Carolina state and local sales or use taxes.

9. Intellectual Property

Option A: Client shall own all intellectual property rights in and to all marketing materials and data generated under this Agreement.

Option B: Provider shall retain ownership of all intellectual property rights in and to its proprietary tools and templates, but grants Client a non-exclusive license to use such tools and templates during the term of this Agreement.

Option C: Provider may use anonymized performance results as case studies, subject to Client's confidentiality obligations.

10. Non-Solicitation and Non-Compete

Option A: During the term of this Agreement and for a period of [Number] months thereafter, neither party shall solicit or hire the other party's employees.

Option B: During the term of this Agreement and for a period of [Number] months thereafter, Provider shall not provide similar marketing services to any of Client's direct competitors within [Geographic Area, e.g., South Carolina].

Option C: Any non-compete obligations will be assessed and limited to the extent necessary to be enforceable under South Carolina law.

11. Confidentiality

Option A: Both parties shall protect the other party's non-public commercial, technical, and customer information.

Option B: The confidentiality obligations shall survive the termination of this Agreement for a period of [Number] years.

Option C: Confidential information may be disclosed if required by law or legal process.

12. Quality Assurance

Option A: Provider shall correct any errors in its work promptly and at no additional cost to Client.

Option B: Provider shall respond to Client's inquiries within [Number] business hours.

Option C: If Provider fails to achieve the agreed-upon KPIs, Provider shall [Remedy, e.g., provide additional services at no cost].

13. Project Delays and Change Orders

Option A: Any project delays caused by Client shall not be the responsibility of Provider.

Option B: Any changes to the scope of services must be agreed upon in writing by both parties in a change order.

Option C: Additional service requests will be billed at Provider's standard hourly rate.

14. Breach and Termination

Option A: Either party may terminate this Agreement upon [Number] days' written notice if the other party breaches this Agreement.

Option B: Client may terminate this Agreement at any time for any reason upon [Number] days' written notice.

Option C: Provider may terminate this Agreement if Client fails to pay any invoice within [Number] days of the due date.

Upon termination, Client shall pay Provider for all services performed up to the date of termination.

15. Indemnification and Liability

Option A: Provider shall indemnify and hold Client harmless from any claims arising from Provider's negligence or willful misconduct.

Option B: Client shall indemnify and hold Provider harmless from any claims arising from Client's products or services.

Option C: Neither party shall be liable for any indirect or consequential damages.

The limits of liability shall be in accordance with South Carolina law.

16. Dispute Resolution

Option A: Any disputes arising out of this Agreement shall be resolved through negotiation and mediation.

Option B: If mediation is unsuccessful, the dispute shall be resolved through binding arbitration in [City], South Carolina.

Option C: South Carolina law shall govern this Agreement.

17. Licenses and Registrations

Provider shall maintain all necessary licenses and registrations for operating and advertising in South Carolina.

18. Miscellaneous

Option A: This Agreement constitutes the entire agreement between the parties.

Option B: This Agreement may not be amended except in writing signed by both parties.

Option C: A W-9 form is attached for U.S. tax reporting purposes.

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

[Marketing Provider Legal Name]

By: [Marketing Provider Authorized Name]

Title: [Marketing Provider Title]

Date: [Date]

[Client Legal Name]

By: [Client Authorized Name]

Title: [Client Title]

Date: [Date]