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Marketing Consulting Agreement

This Marketing Consulting Agreement template is used when a business engages a consultant to provide marketing services. It outlines the scope of work, payment terms, and confidentiality agreements between both parties.

Updated 15d ago
marketingconsultingagreementservice contractSMESouthern Africa

{{company_name}}

{{company_address}}

Phone: {{phone}} | Email: {{email}} | Web: {{website}}

Marketing Consulting Agreement

Marketing Consulting Agreement

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

MARKETING CONSULTING AGREEMENT

This Marketing Consulting Agreement (the 'Agreement') is made and entered into on this {{date_of_agreement}} by and between:

{{client_company_name}}, a company duly incorporated under the laws of {{client_company_jurisdiction}}, with its principal place of business at {{client_company_address}} (hereinafter referred to as the 'Client');

AND

{{consultant_company_name}}, a company/individual duly incorporated/residing under the laws of {{consultant_company_jurisdiction}}, with its principal place of business/residence at {{consultant_company_address}} (hereinafter referred to as the 'Consultant').

Collectively referred to as the 'Parties' and individually as a 'Party'.

1. ENGAGEMENT AND SERVICES

1.1 The Client hereby engages the Consultant to provide marketing consulting services as detailed in Schedule A (the 'Services').

1.2 The Consultant agrees to perform the Services with due care, skill, and diligence, and in accordance with commercially reasonable standards and practices.

1.3 The term of this Agreement shall commence on {{start_date}} and shall continue until {{end_date}}, unless terminated earlier in accordance with the provisions of this Agreement.

2. COMPENSATION AND PAYMENT

2.1 In consideration for the Services rendered by the Consultant, the Client shall pay the Consultant a fee of {{fee_amount}} ({{currency}}) as per the payment schedule outlined in Schedule B.

2.2 All invoices shall be submitted by the Consultant to the Client on {{invoice_submission_date}} and shall be due and payable within {{payment_due_days}} days of receipt.

2.3 Any expenses incurred by the Consultant in performing the Services shall be reimbursed by the Client upon presentation of valid receipts, provided such expenses were pre-approved in writing by the Client.

3. CONFIDENTIALITY

3.1 Both Parties agree that during the course of this Agreement, they may have access to confidential information belonging to the other Party. 'Confidential Information' means any non-public information, including but not limited to business plans, marketing strategies, financial data, and customer lists.

3.2 Each Party agrees to keep all Confidential Information strictly confidential and not to disclose or use such information for any purpose other than as necessary to fulfill its obligations under this Agreement.

4. INTELLECTUAL PROPERTY

4.1 All intellectual property rights, including but not limited to copyrights, trademarks, and trade secrets, arising from the Services performed by the Consultant under this Agreement shall be the sole property of the Client upon full payment of all fees.

4.2 The Consultant agrees to assign all such intellectual property rights to the Client and to execute any documents necessary to give effect to such assignment.

5. INDEMNIFICATION

5.1 Each Party agrees to indemnify, defend, and hold harmless the other Party from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with any breach of this Agreement by the indemnifying Party.

6. TERMINATION

6.1 Either Party may terminate this Agreement by providing {{notice_period_days}} days' written notice to the other Party.

6.2 This Agreement may be terminated with immediate effect by either Party if the other Party commits a material breach of this Agreement and fails to remedy such breach within {{cure_period_days}} days of receiving written notice thereof.

7. GOVERNING LAW AND DISPUTE RESOLUTION

7.1 This Agreement shall be governed by and construed in accordance with the laws of {{governing_jurisdiction}}.

7.2 Any dispute arising out of or in connection with this Agreement shall first be resolved through good faith negotiations between the Parties. If the dispute cannot be resolved through negotiation, the Parties agree to submit to the exclusive jurisdiction of the courts of {{arbitration_jurisdiction}}.

8. ENTIRE AGREEMENT

8.1 This Agreement, together with its Schedules, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written.

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

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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