Legal Contract Templates Advertising and Marketing Agency Contract

Writing the Advertising and Marketing Agency Contract document

ADVERTISING MARKETING AGENCY AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Agency and company name Customer Recitals A. Agency is in the business of providing marketing and advertising services for fee. B. Customer desires to have Agency render certain marketing and advertising services the Services as set forth in Exhibit B. C. Agency desires to render certain marketing and advertising services as set forth in Exhibit B. Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Agency hereby agree as follows. 1. Engagement of Services.

Agency agrees to render to Customer services in connection with the planning preparing and creation of marketing services for Customer as follows. a Provide consulting services to Customer in the form of an analysis of Customers current products goods or services as it relates to Customers present and or target markets. b Develop advertising ideas and creative content for Customer for approval for use in future marketing programs. c Prepare estimates of costs and expenses associated with idea and content development and present them to Customer for approval. d Design contract or otherwise arrange for the preparation of creative content advertising campaign management and other related services. e Execute advertising and marketing services as agreed upon in Exhibit B. f Provide proofing services on behalf of Customer in order to check for accuracy completeness adherence to specifications and Customer branding in all forms of contracted advertising that Agency handles on behalf of Customer.

g Audit all invoices and expenses provided by third party to ensure accuracy. h Provide other such services as Customer may request from time to time such as content creation assistance to Customers staff and employees market research analysis or additional project consulting. 2. Specifications. Agency agrees to develop the advertising and consulting services pursuant to the specifications set forth in Exhibit attached hereto the Specifications 3. Services Completion. Agency will use reasonable diligence in the development of the Advertising and Marketing Services and endeavor to deliver to Customer all agreed upon specifications or Milestones outlined in Exhibit no later than delivery date. Customer acknowledges however that this delivery deadline and the other payment milestones listed in Exhibit are estimates and are not required delivery dates. Agency will be retaining all creative source code original works files digital media and other intellectual property for the entire project and providing Customer with the output formats only. Customer shall retain all of its intellectual property rights in any logos graphics text images or other components it owns and transmits to Agency for use in fulfillment or creation of services.

4. Ownership Rights. a Agency shall endeavor to insure that Customer shall be able to retain under the fullest extent under the law any and all intellectual property rights in any text images or other components created for Customer pursuant to this agreement. b Customer agrees that any material content plan or idea prepared by Agency or submitted to Customer for approval at any stage which is not utilized at the termination of this agreement shall remain the property of Agency. Customer agrees to return to Agency any materials it may have of Agency such as artwork mock ups comps text digital media film photos or any other physical embodiment of Agencys creative work performed while under this agreement. c Upon termination or expiration of Agreement Customer agrees to be solely responsible for any additional use of materials and advertisements created by Agency pursuant to this agreement. Additional expenses may include but are not limited to. Fees Licenses Translations Royalties Talent and other associated fees. Agencys obligation in 4. shall not apply with any respect to foreign use. 5. Compensation. For all of Agencys services under this Agreement Customer shall compensate Agency in cash pursuant to the terms of Exhibit attached hereto. In the event Customer fails to make any of the payments referenced in Exhibit by the deadline set forth in Exhibit Agency have the right but are not obligated to pursue any or all of the following remedies. terminate the Agreement withhold all materials services and creative content administered by Agency on behalf of Customer bring legal action. 6. Confidentiality.

Customer and Agency acknowledge and agree that the Specifications and all other documents and information related to the engagement of marketing or advertisement development the Confidential Information will constitute valuable trade secrets of Agency. Customer shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without Agencys prior written consent disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public in any advertising medium or channel prior to the engagement of Agency to provide services or information which was provided to Agency by Customer for publication as requirement of fulfillment of the Specifications. 7. Limited Warranty and Limitation on Damages. Customer agrees to indemnify and hold Agency harmless with respect to any claims loss lawsuit liability or judgment suffered by Customer which results from the use of any material prepared or execution of service by Agency or at the direction of Agency which has been materially changed from the Specifications by any advertisers publishers hosts radio and television broadcasts quotes testimonials print journalism or other third party entity. Agency agrees to obtain and or maintain in force for the length of this agreement at Agencys expense an appropriate liability policy or policies having minimum limit of amount insurance coverage naming Customer as an additional insured and loss payee under such policy or policies as applicable. In the event of any litigation proceeding or suit against Customer by any regulatory agency or in the event of court action challenging any advertising or marketing service prepared by Agency Agency shall assist in the preparation of defense of such action and cooperate with Advertiser. Customer acknowledges that Agency are not responsible for the results obtained by Customer from any creative advertising programs ideas or execution thereof. Customer waives any claim for damages direct or indirect and agrees that its sole and exclusive remedy for damages either in contract or tort is the return of the consideration paid to Agency as set forth in Exhibit attached hereto. 8. Independent Contractor.

Agency will be retained as independent contractors. Agency will be fully responsible for payment of their own income taxes on all compensation earned under this Agreement. Customer will not withhold or pay any income tax social security tax or any other payroll taxes on Agencys behalf. Agency understands that they will not be entitled to any fringe benefits that Customer provides for its employees generally or to any statutory employment benefits including without limitation workers compensation or unemployment insurance. 9. Resources and Equipment. Customer agrees to make available to Agency for Agencys use in performing the services required by this Agreement all logos graphics photos branding collateral items of hardware and software as Customer and Agency may agree are reasonably necessary for such purpose. 10. General Provisions. 10 Entire Agreement. This Agreement contains the entire agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. 10 Governing Law.

This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 10 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Agency and their respective successors and assigns provided that Agency may not assign any of his obligations under this Agreement without Customers prior written consent. 10 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement.

10 Good Faith. Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 10 Right to Withhold Content Creative and Services. In the event Customer fails to make any of the payments set forth on Exhibit within the time prescribed in Exhibit Agency has the right to withhold further content creative and services perform for or on behalf of Customer until payment in full is paid plus accrued late charges of 2% per month. 10 Indemnification. Customer warrants that everything it gives Agency to use in fulfillment of services is legally owned or licensed to Customer. Customer agrees to indemnify and hold Agency harmless from any and all claims brought by any third party relating to any aspect of the services creative or other content including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by Customers products services material supplied by Customer copyright infringement and defective products sold via the advertising or services. Further customer agrees to indemnify Agency from responsibility for problems disruptions caused by third party services and contractors that Customer may use such as media buyers transportation merchant accounts shopping carts shipping hosting services real time credit card processing and other services that relate to the execution of the services outline in this agreement by Agency.

10 Use of Services and Creative Content for Promotional Purposes. Customer grants Agency the right to use the creative content description of services performed results of services and campaign data as it sees fit for promotional purposes. 10 No Responsibility for Theft. Agency has no responsibility for any third party taking all or any part of the content ideas or services provided to Customer by Agency. 10. 10 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. 10. 11 Term of Agreement.

This agreement shall begin on start date and shall continue in full force until terminated by either party upon at least days prior written notice. Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name By signator authorized signature or signer.

Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Agency Initials

How to write my Project Change Request Form (During Maintenance) document (alternate or related contract document)

company name Change Order company name address address city state or province zip or postal code Phone phone number Fax fax number DATE. current date

Order contract reference number Bill To. company name address address city state or province zip or postal code Phone phone number Fax fax number For.

Invoice. Product and or Service Billing. Hourly. hourly rate Fixed Rate. FixedRate Other.

Please provide detailed description of the changes that you would like made to your project. Be as specific as possible. Provide the exact page frame location on the page frame and what corrections need to be made. To avoid duplication and confusion please list all of your corrections on this form. You may attach additional forms as necessary. Agreements PAYMENT TERMS. Net days. 1. 5% Interest monthly on accounts past due days. ACCEPTANCE OF AGREEMENT. The above prices specifications and conditions are hereby accepted. The designer is authorized to execute the project or provide software as outlined in this Agreement. Payment will be made as proposed above. Clients signature Title

How do you write a Contract Dissolution Agreement document? (alternate or related contract document)

PROJECT CANCELLATION AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Consultants and company name Customer Agreements In consideration of the mutual covenants set forth in this Agreement Customer and Consultants hereby agree to cancel any and all work projects or labor as follows. 1. Cancellation of Services. Consultants shall cease any and all computer consulting services described below the Services or Work Product as well as any additional services that Customer has requested. Services include but are not limited to.

a Enter Service or Work Product Description here b Enter Service or Work Product Description here c Enter Service or Work Product Description here d Enter Service or Work Product Description here 2. Termination Obligations.

Upon termination of this Agreement Consultants shall transfer and make available to Customer all property and materials in Consultants possession or subject to Consultants control that are the rightful property of Customer. The Consultant shall make every reasonable effort to secure all written or descriptive matter which pertains to the Services or Work Product and agrees to provide reasonable cooperation to arrange for the transfer of all property contracts agreements supplies and other third party interests including those not then utilized and all rights and claims thereto and therein. In the event of loss or destruction of any such material or descriptive matter Consultants shall immediately notify Customer of the details of the loss or destruction in writing and provide the necessary information for loss statement or other documentation to Customer. 3. Ownership Rights. The Consultant shall have ownership to all Consultants Materials. Consultants Material consists of all copyrightable. a Materials that do not constitute Services or Work Product as defined in Sect Services and Exhibit Specifications b Materials that are solely owned by Consultants or licensed to Consultants. c Materials that are incorporated into the Work Product or part of the Services. Additional material shall include but are not limited to. Insert details about additional material here.

Consultant shall hold all right title and interest in and to Consultants Material. Customer shall not do anything that may infringe upon or in any way undermine Consultants right title and interest in the Consultants Material as described in this paragraph 4. Notwithstanding the above Consultant hereby grants Customer an unrestricted nonexclusive perpetual fully paid up worldwide license for the use or for the sublicense of the use of Consultants Material for the purpose of Insert purpose materials will be used for here. 4. Outstanding Final Compensation and Hold Harmless Agreements. For all of Consultants services rendered to Customer under any Previous Agreement Customer shall compensate Consultants in cash pursuant to the terms of Exhibit attached hereto. By accepting the terms of this offer and signing in the space provided below you hereby release and forever discharge and hold Customer its successors employers employees agents officers directors shareholders affiliates and insurers harmless of all claims suits or liability directly or indirectly related to your employment retainment of services or the termination of such services and specifically and without limitation any claims to pay in lieu of notice wrongful dismissal severance vacation bonus or overtime pay. This release includes but is not limited to all contract and tort claims between Customer and Consultants concerning Customers right to terminate its employees contractors and vendor agreements and claims or rights under local state and federal laws prohibiting employment discrimination. By signing below you agree that these terms represent full and final settlement of any and all claims you have arising out of your employment or contract employment by Customer. 5. Mutual Confidentiality. Customer and Consultants acknowledge and agree that the Specifications and all other documents and information related to the performance production creation or any expression of the services or work product are the property of Customer. Materials provided between Consultants and Customer the Confidential Information including but not limited to documentation product specifications drawings pictures photographs charts correspondence supplier lists financial reports analyses and other furnished property shall be the exclusive property of the respected owner the Owning Party and will constitute valuable trade secrets. Both parties shall continue to keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without prior written consent from the owning party disclose or otherwise make available to anyone either directly or indirectly all or any part of the Confidential Information. Excluded from the Confidential Information definition is anything that can be seen by the public or had been previously made available by the owning party in public venue. 6. Equipment and Expenses. If Customer has made available to Consultants for Consultants use in performing the services for Customer such items of hardware and software as Customer and Consultants may agree are reasonably necessary for such purpose Consultants are obligated to return all Customer property currently in their possession at time and place of Customers choice.

The following equipment and or services have been made available to Consultants and are hereby required to be return to Customer. a Insert Equipment or Services description here b Insert Equipment or Services description here c Insert Equipment or Services description here 7. Expenses. Consultants will not be reimbursed for any expenses incurred in connection with the Services or Work Product whether direct or indirect without the express written approval of Customer. 8. General Provisions. 8 Entire Agreement.

This Agreement contains the entire Agreement between the parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings written or oral between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both of the parties hereto. 8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of state or province. Exclusive jurisdiction and venue shall be in the county County state or province Superior Court. 8 Binding Effect. This Agreement shall be binding upon and inure to the benefit of Customer and Consultants and their respective successors and assigns provided that Consultants may not assign any of his obligations under this Agreement without Customers prior written consent. 8 Waiver. The waiver by either party of any breach or failure to enforce any of the terms and conditions of this Agreement at any time shall not in any way affect limit or waive such partys right thereafter to enforce and compel strict compliance with every term and condition of this Agreement. 8 Good Faith.

Each party represents and warrants to the other that such party has acted in good faith and agrees to continue to so act in the negotiation execution delivery performance and any termination of this Agreement. 8 No Right to Assign. Consultants have no right to assign sell modify or otherwise alter this Agreement except upon the express written advance approval of Customer which consent can be withheld for any reason. Customer may freely assign its rights and obligations under this Agreement. 8 Attorneys Fees. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement the prevailing party shall be entitled to recover its actual attorneys fees and costs including expert witness fees. Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below. EXECUTED as of the date first written above.

company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name

By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Customer Initials Consultant Initials