Legal Contract Templates Email Marketing Creative by Agency Agreement

How do you write a Email Marketing Creative by Agency Agreement document?

AGENCY EMAIL CREATIVE AND DESIGN SERVICES 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 Email Creative and Design services for fee. B. Customer desires to have Agency render certain Email Creative and Design Services the Services as set forth in the Specifications Exhibit C. Agency desires to render Email Creative 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 Email Creative and Design Services including. a Create Insert Design Mockup and Comp Count design mockups and comps for all templates or content to be created or used in future Email Marketing Email Marketing Campaigns Ad hoc individual sending of email or any other use that the Customer deems significant and required in the Specifications.

b Create final design concept for each template or content based on the feedback from the initial number of design mockups. Customer may request additional design mockups beyond the initial number of design mockups for an additional fee of Insert Rate for Additional Mockups per mockup. c Conduct compatibility testing for all templates or components across an agreed number of standard email clients. Standard email clients may include but are not limited to. Outlook Thunderbird Mac and PC Eudora Mac Mail Web based email clients Gmail Yahoo Hotmail Horde Open Web Mail and any others required in the Specifications. For the purpose of this Agreement compatibility testing shall be LIMITED to just the Email Creative Services templates or other components created by Agency under this Agreement. Agency is not responsible for the compatibility of any future content Customer may use in connection with the Email Creative and Design Services provided by Agency. Compatibility testing shall also be limited to current available builds of email clients and Agency shall not be responsible for how any template or content provided to customer renders or displays in future email clients. d Demonstrate to Customer the results of all compatibility testing by either the use of screenshots sent to the customer or through live login to provided email account or email client. e Work with Customers marketing department in order to aid initial content creation and development and present results to Customer for approval. f Provide detailed accounting for all pre approved expenses associated with the services as described in the Specifications. Expenses may include but are not limited to. stock and royalty free photography third party testing services additional templates and source code any third party contractors or sub contractors required for fulfillment of the Specifications and all transportation courier or transit charges. g Audit all invoices and expenses provided by third party vendors to ensure accuracy. h Provide other 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. All services are subject to Agencys hourly rate of hourly rate per hour.

i Execute all other creative and design services as agreed upon in Exhibit B. 2. Specifications. Agency agrees to develop the Email Creative and Design Services pursuant to the Specifications set forth in Exhibit attached hereto the Specifications All services not included in the Specifications shall be deemed to be extra and subject to the Agencys hourly billable rate. 3. Services Completion. Agency will use reasonable diligence in the development of the Email Creative and Design 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 retain all creative source code original works files digital media and other intellectual property for the entire project and provide 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 ensure 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 that 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 Agencys such as artwork mockups 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 this 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 payment referenced in Exhibit by the deadline set forth in Exhibit Agency has the right but is 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 or 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 that 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 claim loss lawsuit liability or judgment suffered by Customer that results from the use of any material prepared or execution of service by Agency or at the direction of Agency that has been materially changed from the Specifications by any vendors employees advertisers publishers hosts radio and television broadcasts quotes testimonials print journalism or other third party entity.

Customer further agrees to indemnify and hold Agency harmless with respect to any results display or rendering issues compatibility issues or any other design problem or issue resulting from the use of any Email Creative and Design Services template or content provided to Customer by Agency. Agency shall provide an example of how each email client or browser displays the Email Creative and Design Services to the Customer and also provide the opportunity to sign off with Customers approval of such. Demonstration that the Email Creative and Design Services render and display correctly in one particular email client or browser does not mean that they will display for every possible instance user or configuration that may exist. Customer further acknowledges that Agency is not responsible for interference from any recipients Operating System OS Web Browser Firewall Spyware Spyware Blocker Anti Spam or Anti Virus programs security settings network setting or anything else that may interfere with the Email Creative and Design Services Template or Content displaying properly and as intended. 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 Customer. Customer acknowledges that Agency is not responsible for the results obtained by Customer from any creative services 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. 7 Right of Refusal. Agency reserves the right to refuse any service at any time that appears to violate its Acceptable Use Policy AUP or appears to violate industry standards community standards or Local State or Federal Law. Agency will make available to Customer its AUP prior to the engagement of this Agreement. Agency reserves the sole right to determine what constitutes violation of its policies and procedures. 7 No Warranty on Results Obtained from Use of Services. Agency is not responsible for the results obtained from any of the services rendered under this Agreement.

7 Compliance with the CAN SPAM Act of 2003. Agency and Customer and all email campaigns or related communications sent on behalf of the Customer by the Agency or the Agencys agents or vendors must comply with the CAN SPAM Act of Controlling the Assault of Non Solicited Pornography and Marketing Act which establishes requirements for those who send commercial email. 8. Independent Contractor. Agency will be retained as independent contractor. Agency will be fully responsible for payment of its 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 it 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 its 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.

How to write my Project Contract Acceptance Signoff Form document (alternate or related contract document)

company name Project Acceptance Signoff address address city state or province zip or postal code Phone phone number DATE. current date Order WorkOrder Client.

company name city state or province zip or postal code Phone phone number For. General Description of Project Deliverables Please initial the following sections which detail the projects deliverables contracted between company name and company name and sign the Acceptance of Agreement at the bottom of this document. Initials Description of Completed Milestone Acceptance of Milestone #1 description here

Acceptance of Milestone #2 description here Acceptance of Milestone #3 description here Acceptance of Milestone #n description here Acceptance of Project per Contract Specifications. ACCEPTANCE OF AGREEMENT. I certify that have received the above project deliverables from company name and that the deliverables listed above have been demonstrated delivered or otherwise completed to my satisfaction. Best Practice Note. If billing by credit card the above line should include permission to charge their credit card. This helps reduce your chargeback exposure. Example. Florentine Design Group LLC may now charge the final installment of 390 to AMEX ************345 for completion of the project.

Clients signature

Writing the Advertising and Promotion Contract document (alternate or related contract document)

ADVERTISING AND PROMOTION AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name Company and company name Customer Recitals Customer and Company desire to exchange advertising and links and cross promote one another using variety of marketing and advertising services the Services as set forth in Exhibit B. Agreements In consideration of the mutual covenants set forth in this Agreement Company and Customer hereby agree as follows. 1. Advertising and Promotion. Customer shall arrange for the placement of advertising and promotion of Company and agrees to fulfill the following duties. Insert specific partnership duties and arrangements here.

2. Specification and Services Completion. Marketing Material shall mean any programming coding graphic design linking or other collateral required by either party to fulfill its obligations under the Specifications. Both parties will use reasonable diligence in the development of the Advertising and Marketing Material and endeavor to complete all agreed upon Specifications outlined in Exhibit no later than start date. Both parties acknowledge that this delivery deadline listed in Exhibit shall be an estimate and is not required delivery date. Both Customer and Company shall retain all intellectual property rights in any logos graphics text images or other components owned and transmitted to either party for use in fulfillment or creation of Specifications or Services. 3. Compensation. For all of Companys Services under this Agreement Customer shall compensate Company 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 Company has the right but is not obligated to pursue any or all of the following remedies. terminate the Agreement; withhold all materials Services and creative content administered by Company on behalf of Customer; bring legal action.

4. Confidentiality. Customer and Company 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 each party. Both parties shall keep the Confidential Information in confidence and shall not at any time during or after the term of this Agreement without the others 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. 5. General Provisions. 5 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 parties hereto. 5 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. 5 Binding Effect.

This Agreement shall be binding upon and inure to the benefit of both parties and their respective successors and assigns provided that neither party assigns any of their obligations under this Agreement without the others prior written consent. 5 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. 5 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. 5 Right to Withhold Content and Creative Services. In the event that single party fails in its obligations as set forth on Exhibit within the time prescribed in Exhibit the other party has the right to withhold further content and Services performed for or on behalf of the other party until such obligations are met. 5 Indemnification. Both parties warrant that everything they give one another to use in fulfillment of Specifications is legally owned or licensed. Both parties agree to indemnify and hold harmless one another from any and all claims brought by any third party relating to any aspect of the content and Services including but without limitation any and all demands liabilities losses costs and claims including attorneys fees arising out of injury caused by either partys products services material supplied copyright infringement and or defective products sold via the advertising or Services of either party.

5 Use of Services and Creative Content for Promotional Purposes. Both parties may advertise use or otherwise promote the creative content description of Services performed results of Services and campaign data as they see fit for promotional purposes. 5 Placement of Tracking Codes. Both parties may use tracking codes URLs or other IDs to evaluate the effectiveness of any and all advertising. 5. 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. 5. 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 thirty days prior written notice. The parties represent and warrant that on the date first written above they are authorized to enter into this Agreement in its entirety and duly bind their respective principals by their signatures 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 Company Initials Customer Initials