Terms of Agreement for Marketing Services
This Terms of Agreement ("Agreement") outlines the terms and conditions between [Your Company Name] ("Marketer") and [Client Name] ("Client") for the provision of marketing services (the "Services").
Scope of Work*
The Marketer agrees to provide the Services as described in the Scope of Work document attached hereto as Exhibit A.
Term and Termination*
· The term of this Agreement shall begin on [Start Date] and continue for a period of [Length of Term] months/years.
· Either party may terminate this Agreement with [Number] days' written notice to the other party.
· Upon termination, the Marketer shall return all Confidential Information (as defined below) to the Client.
Confidential Information*
· The Marketer acknowledges that all information and materials provided by the Client, including but not limited to trade secrets, marketing strategies, and customer data, are confidential and proprietary ("Confidential Information").
· The Marketer agrees to keep Confidential Information confidential and not disclose it to any third party without the prior written consent of the Client.
Intellectual Property*
· The Marketer retains ownership of all intellectual property rights in and to the Services, including but not limited to any materials, ideas, concepts, and strategies developed by the Marketer.
· The Client grants the Marketer a non-exclusive license to use its trademarks, logos, and branding materials for the purpose of providing the Services.
Payment Terms*
· The Client shall pay the Marketer the fees set forth in the Scope of Work document attached hereto as Exhibit A.
· Payments shall be made within [Number] days of receipt of the Marketer's invoice.
Warranty Disclaimer*
· The Marketer warrants that the Services will be performed in a professional and workmanlike manner.
· The Marketer disclaims all other warranties, express or implied, including but not limited to any implied warranties of merchantability or fitness for a particular purpose.
Limitation of Liability*
· In no event shall the Marketer be liable for any indirect, special, incidental, or consequential damages, including but not limited to lost profits, business interruption, or loss of data.
· The Marketer's liability for damages shall be limited to the amount of fees paid by the Client to the Marketer under this Agreement.
Governing Law and Jurisdiction*
· This Agreement shall be governed by and construed in accordance with the laws of [Governing Law].
· Any disputes arising out of or related to this Agreement shall be resolved through [Dispute Resolution Process].
Entire Agreement*
· This Agreement constitutes the entire understanding between the parties and supersedes all prior or contemporaneous agreements or understandings.
· This Agreement may not be amended or modified except in writing signed by both parties.
