Company Letterhead
{{company_name}}
{{company_address}}
Phone: {{phone}}
Email: {{email}}
Website: {{website}}
Marketing Consulting Agreement
This Marketing Consulting Agreement ('Agreement') is made and entered into as of {{effective_date}} ('Effective Date') by and between:
{{client_company_name}}, a company duly registered under the laws of {{client_company_jurisdiction}}, with its principal place of business at {{client_company_address}} ('Client'); and
{{consultant_company_name}} (or {{consultant_individual_name}}), a company duly registered under the laws of {{consultant_company_jurisdiction}} (or an individual residing at {{consultant_address}}), with its principal place of business at {{consultant_company_address}} ('Consultant').
Collectively referred to as 'Parties' and individually as 'Party'.
1. Scope of Services
The Client hereby engages the Consultant to provide marketing consulting services ('Services') as more fully described in Schedule A, attached hereto and incorporated by reference.
The Services shall include, but not be limited to: {{list_of_services}}.
2. Term and Termination
This Agreement shall commence on the Effective Date and shall continue in full force and effect until {{end_date}} ('Term'), unless terminated earlier in accordance with the provisions herein.
Either Party may terminate this Agreement upon {{notice_period}} days' written notice to the other Party for any reason.
Either Party may terminate this Agreement immediately upon written notice if the other Party breaches any material term of this Agreement and fails to cure such breach within {{cure_period}} days of receiving notice thereof.
3. Fees and Payment
In consideration for the Services rendered by the Consultant, the Client shall pay the Consultant a fee of {{fee_amount}} {{currency}} ({{currency_word}}) per {{payment_T_M_Q_A}} (e.g., hour, month, project, etc.).
Payment shall be made within {{payment_due_days}} days of receipt of an invoice from the Consultant.
All invoices shall be sent to {{client_invoice_email}}.
The Client shall also reimburse the Consultant for all reasonable and approved out-of-pocket expenses incurred in the performance of the Services, provided such expenses are supported by original receipts and approved in advance by the Client.
4. Confidentiality
Each Party acknowledges that, in the course of performing this Agreement, it may obtain confidential information relating to the other Party's business, including but not limited to, trade secrets, business plans, marketing strategies, and customer lists ('Confidential Information').
Each Party agrees to hold all Confidential Information in strict confidence and not to disclose it to any third party or use it for any purpose other than as necessary to fulfill its obligations under this Agreement, without the prior written consent of the disclosing Party.
5. Intellectual Property
Any intellectual property, including but not limited to, copyrights, trademarks, and patents, developed or created by the Consultant in the course of performing the Services shall be the sole and exclusive property of the Client upon full payment of all fees due under this Agreement.
The Consultant agrees to assign all rights, title, and interest in such intellectual property to the Client upon request.
6. Indemnification
The Consultant shall indemnify, defend, and hold harmless the Client from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Consultant's performance of the Services, including any breach of this Agreement or any negligent or willful acts or omissions of the Consultant.
The Client shall indemnify, defend, and hold harmless the Consultant from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with the Client's business operations or any breach of this Agreement by the Client.
7. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall either Party be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any content obtained from the Services; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
8. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of {{governing_jurisdiction}}.
Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the rules of {{arbitration_institution}}.
The place of arbitration shall be {{arbitration_city}}, {{arbitration_country}}.
9. Entire Agreement
This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to such subject matter.
10. Signatures
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
FOR THE CLIENT:
_____________________________
Name: {{client_signatory_name}}
Title: {{client_signatory_title}}
Date: {{client_signature_date}}
FOR THE CONSULTANT:
_____________________________
Name: {{consultant_signatory_name}}
Title: {{consultant_signatory_title}}
Date: {{consultant_signature_date}}
SCHEDULE A: SCOPE OF SERVICES
{{detailed_scope_of_services}}
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