This document sets forth an agreement whereby a company hires a consultant for the
provision of marketing services. This short-form sample agreement sets forth standard
terms and conditions for a consulting agreement. The specific duties to be performed
by the consultant can be listed and described in the scheduled exhibit at the end of the
document. The consultant performs all services as an independent contractor. This
agreement can be customized to best fit the needs of the contracting parties.
THIS CONSULTANT AGREEMENT (the “Agreement”) made as of ___________
[Instruction: Insert Date], by and between ___________ [Instruction: Insert Name of
Company], ___________ [Instruction: Insert Address] (“Company”) and ___________
[Instruction: Insert Name of Marketing Consultant], ___________ [Instruction: Insert
WHEREAS, Consultant is an independent contractor skilled at creating and implementing
marketing strategies and offering other valuable business services;
WHEREAS, Company desires to engage Consultant and, subject to the terms and conditions
hereof, Consultant agrees to such accept such engagement.
NOW, THEREFORE, in consideration of the promises and other good and valuable
consideration set forth, the parties agree as follows:
1. Engagement. Throughout the duration of the Term, as such term is defined in paragraph 3
hereof, Consultant shall provide, on a non-exclusive basis, the Services, set forth in Exhibit “A”,
attached hereto and incorporated herein. Consultant shall use Consultant's best efforts to
perform the Services in a manner satisfactory to Company.
A. Provided that Consultant fully performs all of Consultant’s material obligations
hereunder, in full consideration of all rights granted herein, Company hereby agrees to pay
Consultant the Fee, as such term is defined in Exhibit “A” hereof.
B. Consultant shall not be authorized to incur any expenses on Company’s behalf, without
the prior written consent of Company. In the event that Company approves any expenses,
Company shall reimburse Consultant upon Company’s receipt of reasonable evidence that the
amount involved was expended and related to Services rendered hereunder,
C. Any compensation due hereunder shall be due and payable within thirty (30) days of
Company’s receipt of an itemized invoice from Consultant. In the event Company fails to make
full payment of the amounts due hereunder within said thirty (30) day period Consultant may
charge a late payment penalty of ___________ percent (___%) [Instruction: Insert
Percentage], compounded [Instruction: Choose One: monthly // annually], on any unpaid
3. Term and Termination. Consultant shall serve as a marketing consultant for Company for a
period (the “Term”) commencing on the date hereof, and terminating upon the earlier of (A) the
date that Consultant completes the Services, or (B) thirty (30) days following either parties’
written notice of their intention to terminate the Term.
4. Restrictive Covenants.
A. Despite the non-exclusive nature of Consultant’s engagement, Consultant agrees that
during the Term of this Agreement and for a period of ___________ (___) [Instruction: Insert
Duration] [Instruction: Choose One: months // years] thereafter, Consultant will refrain from
performing any consulting or other services for any company, person or entity whose business or
proposed business is directly competitive with the products or services or proposed products or
services of Company.
B. Consultant shall keep Company's Confidential Information, including but not limited to:
business secrets, customer, supplier, logistical, financial, research, and development information,
confidential and shall not disclose them to any third party without the prior written consent of
Company. Notwithstanding the foregoing, the term “Confidential Information” shall not include
any information which: (i) can be demonstrated to have been in the public domain or was
publicly known or available prior to the date of the disclosure to Consultant; (ii) can be
demonstrated in writing to have been rightfully in the possession of Consultant prior to the
disclosure of such information to Consultant by Company; (iii) becomes part of the public
domain or publicly known or available by publication or otherwise, not due to any unauthorized
act or omission on the part of Consultant; or (iv) is supplied to Consultant by a third party
without binder of secrecy, so long as that such third party has no obligation to Company or any
of its affiliated companies to maintain such information in confidence.
C. Consultant agrees that any breach by Consultant of