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 effective as of {{effective_date}} ('Effective Date'), by and between:
{{client_company_name}}, a company duly incorporated and existing under the laws of {{client_country}}, with its registered office located at {{client_address}} (hereinafter referred to as 'Client'); and
{{consultant_company_name}} / {{consultant_individual_name}}, a company duly incorporated and existing under the laws of {{consultant_country}}, with its registered office located at {{consultant_address}} OR an individual residing at {{consultant_address}} (hereinafter referred to as 'Consultant').
The Client and the Consultant are hereinafter collectively referred to as the 'Parties' and individually as a 'Party'.
1. Scope of Services
1.1. The Client hereby engages the Consultant to provide marketing consulting services ('Services') as more specifically described in Schedule A, attached hereto and forming an integral part of this Agreement.
1.2. The Services shall include, but not be limited to: {{list_of_services_bullet_points}}
1.3. Any changes to the scope of Services must be mutually agreed upon in writing by both Parties.
2. Term and Termination
2.1. This Agreement shall commence on the Effective Date and shall continue in full force and effect until {{end_date}} or until the completion of the Services, unless terminated earlier in accordance with the provisions of this Agreement.
2.2. Either Party may terminate this Agreement by providing {{notice_period}} days' written notice to the other Party.
2.3. Either Party may terminate this Agreement immediately upon written notice if the other Party commits a material breach of this Agreement and fails to remedy such breach within {{cure_period}} days of receiving written notice thereof.
3. Compensation and Payment
3.1. In consideration for the Services provided by the Consultant, the Client shall pay the Consultant a fee of {{fee_amount}} per {{fee_basis, e.g., hour, month, project}} ('Fee').
3.2. Payment shall be made by the Client to the Consultant on a {{payment_frequency, e.g., weekly, monthly, upon completion}} basis, within {{payment_terms}} days of receipt of a valid invoice from the Consultant.
3.3. All expenses reasonably incurred by the Consultant in the performance of the Services shall be reimbursed by the Client upon presentation of valid receipts, provided such expenses were pre-approved by the Client in writing.
4. Confidentiality
4.1. Both Parties acknowledge that during the course of this Agreement, they may have access to confidential and proprietary information belonging to the other Party. Both Parties agree to keep such information strictly confidential and not to disclose it to any third party without the prior written consent of the disclosing Party.
4.2. Confidential information includes, but is not limited to, business plans, financial data, customer lists, marketing strategies, and trade secrets.
5. Intellectual Property
5.1. All intellectual property rights, including copyrights and trademarks, arising from the Services performed by the Consultant under this Agreement shall belong to the Client upon full payment of the Fee.
5.2. The Consultant agrees to assign all such intellectual property rights to the Client upon request.
6. Independent Contractor Relationship
6.1. The Consultant shall perform the Services as an independent contractor and not as an employee, agent, or partner of the Client.
6.2. The Consultant shall be solely responsible for all taxes, including income tax and social security contributions, arising from the compensation received under this Agreement.
7. Limitation of Liability
7.1. Neither Party shall be liable to the other for any indirect, incidental, consequential, or punitive damages arising out of or in connection with this Agreement.
7.2. The total liability of the Consultant to the Client for any claims arising out of or in connection with this Agreement shall not exceed the total fees paid by the Client to the Consultant.
8. Governing Law and Dispute Resolution
8.1. This Agreement shall be governed by and construed in accordance with the laws of {{governing_country}}.
8.2. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or invalidity thereof, shall be settled by amicable negotiation between the Parties.
8.3. If the Parties are unable to reach an amicable settlement, the dispute shall be referred to mediation in accordance with the rules of {{mediation_body}}.
8.4. If mediation fails, the dispute shall be finally resolved by arbitration in accordance with the rules of {{arbitration_body}}, by one arbitrator appointed in accordance with the said rules. The seat of the arbitration shall be {{arbitration_city}}.
9. Entire Agreement
9.1. 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.
9.2. No amendment, modification, or waiver of any provision of this Agreement shall be effective unless made in writing and signed by both Parties.
Signatures
IN WITNESS WHEREOF, the Parties hereto have executed this Marketing Consulting 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}}
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