This Marketing Services Agreement is an agreement between a company (a client) and
marketing consultant for the provision of marketing services. The marketing consultant
will provide expert advice on developing the client's marketing strategy, including
traditional and online marketing strategies, direct marketing campaigns, development of
corporate identity and branding, and the development of campaigns to launch new
products. A consultant may be engaged to manage all marketing activities for an
organization, to assist in specific areas, or to undertake individual projects. This
agreement should include specific terms for the services the marketing consultant has
agreed to render as well as restrictive covenants such as non-competition, non-
solicitation, non-disclosure of confidential information, and ownership of work product.
MARKETING SERVICES AGREEMENT
This Marketing Services Agreement (this “Agreement’) is herby made and entered into
on this ______ day of _____________, 20__ (the “Effective Date”) by and between
____________________________ (“Client”) and ______________________ (“Service
WHEREAS Client is engaged in the business of manufacturing and supplying
WHEREAS, Service Provider is engaged in the business of advising, directing, and
managing business methods and systems for marketing, promotion, and sales for companies and
WHEREAS, Client wishes to obtain the services of Service Provider for the purpose of
marketing and selling its products.
NOW, THEREFORE, in consideration of the premises and mutual obligations contained
herein, and intending to be legally bound, the parties hereto agree as follows:
A. MARKETING SERVICES
1. Service Provider shall consult with and assist Client in the execution of its
branding strategy for the purpose of successfully differentiating Client’s products and services.
Service Provider shall provide the services (“Marketing Services”) more particularly set forth in
Appendix “1” attached hereto.
2. The foregoing services shall be performed in accordance with milestones
established by Client, shall be consistent with the documented discussions Client and Service
Provider have had to date, and shall be subject to such performance measures for each stage of
performance as the parties shall identify prior to commencement of each stage of Marketing
Services. Service Provider will perform the Services in a timely and professional manner,
consistent with industry standards, at a location, place, and time that Service Provider deems
appropriate, and in accordance with this Agreement. The manner and means that Service
Provider chooses to perform the Services shall be within Service Provider’s sole discretion and
3. Service Provider, in consultation with Client, will determine the method, details,
and means of performing the work to be carried out for Client. In addition, Client shall be
entitled to exercise a broad general power of supervision and control over the results of work
performed by Service Provider to ensure satisfactory performance. This power of supervision
shall include the right to inspect, stop work, make suggestions or recommendations as to the
details of the work, and request modifications to the scope of the Marketing Services.
Modifications to the scope of the Marketing Services by Client resulting in additional services to
be rendered by Service Provider shall be compensated accordingly. Modifications to the scope
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of the Marketing Services by Client resulting in the extension of the duration of any assignment
will not limit Service Provider’s ability to attain any bonus associated with said assignment.
B. COMPENSATION AND PAYMENT TERMS
1. In consideration for Service Provider rendering the Marketing Services, Client
Alternative 1: (a) Pay ______ dollars ($____) as an advance deposit prior to
Service Provider’s commencement of Marketing Services and (b) pay ______ dollars ($____)
per month/hour due and payable upon receipt of invoices from Service Provider on net ____ (__)
day’s terms. Such an advance deposit shall not be refundable.
Alternative 2: Pay to Service Provider a monthly retainer of ______ dollars
($____) due and payable upon receipt of invoices from Service Provider on net _____ (__) day’s
Alternative 3: Pay Service Provider in accordance with Appendix “2” attached
2. Service Provider shall submit written, signed reports of the time spent performing
Marketing Services, itemizing in reasonable detail the dates upon which services were
performed, the number of hours spent on such dates and a brief description of the services
3. Client shall also r