Free Marketing Agreement Creator - Create Online

MARKETING SERVICES AGREEMENT

This Marketing Services Agreement (the "Agreement") is made and entered into as of [Effective Date], by and between DigitalBuzz Marketing, a [State] corporation ("DigitalBuzz") and XYZ Tech Solutions, a [State] corporation ("Client") (collectively, the “Parties”).

1. SCOPE OF SERVICES

1.1. Marketing Services

For the duration of this Agreement, DigitalBuzz agrees to provide comprehensive digital marketing services to the Client, including but not limited to search engine optimization (SEO), social media management, and content marketing (hereinafter referred to as the "Services").

1.2. Campaign Duration

The campaign will run for a duration of twelve (12) months from the Effective Date of this Agreement (the "Campaign Duration").

2. RESPONSIBILITIES AND OBLIGATIONS

2.1. DigitalBuzz's Responsibilities

DigitalBuzz will design and implement digital marketing strategies to achieve the objectives of increasing brand visibility, driving organic website traffic, and generating high-quality leads for the Client. DigitalBuzz agrees to develop, manage, and execute marketing campaigns as well as regularly report and analyze key performance indicators (KPIs), such as website traffic, lead conversion rates, and social media engagement.

2.2. Client's Responsibilities

The Client shall provide DigitalBuzz with any and all information, resources, and assistance reasonably necessary for DigitalBuzz to effectively perform the Services, including, without limitation, timely access to Client's personnel, systems, and facilities, as well as periodical business and industry updates.

3. PERFORMANCE METRICS

The Parties shall mutually agree upon performance metrics and targets for the Services, which may be modified from time to time during the Campaign Duration. The Parties shall review progress towards these performance metrics on a regular basis to ensure the success of the campaign and to determine any necessary adjustments to marketing strategies or targets.

4. COMPENSATION AND PAYMENT TERMS

4.1. Compensation

For the performance of the Services, Client will pay DigitalBuzz a total fee of [Total Fee]. The Parties may mutually agree to additional fees for any requested additional services not covered by this Agreement, including but not limited to ad spending, creative digital assets, or premium software subscriptions.

4.2. Payment Terms

Client shall pay DigitalBuzz according to the following payment schedule: [Payment Schedule]

4.3. Late Payments

Any undisputed invoice not paid within thirty (30) days of receipt shall be subject to a late payment fee equal to the lesser of one and a half percent (1.5%) per month or the maximum rate allowed by applicable law, calculated from the invoice date.

5. INDEPENDENT CONTRACTOR RELATIONSHIP

It is understood and agreed that the relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed to create an employment, partnership, or agency relationship between the Parties, nor shall either Party have the authority to bind the other in any manner whatsoever.

6. CONFIDENTIALITY

Both Parties agree to treat any and all information received from the other Party, whether verbally or in writing, as confidential if such information is not generally known to the public or could reasonably be considered to be proprietary or trade secret in nature. This obligation to maintain confidentiality shall survive the termination or expiration of this Agreement for a period of two (2) years.

7. WARRANTIES AND LIMITATION OF LIABILITY

7.1. Warranties

DigitalBuzz represents and warrants that it has the necessary skills, competence, and expertise to perform the Services and that its performance shall be in accordance with the satisfactory standards of professionalism and the applicable industry. However, DigitalBuzz offers no guarantees or warranties, expressed or implied, regarding the results or achievements of the marketing campaigns, including but not limited to the Client's increase in website traffic, leads, or sales.

7.2. Limitation of Liability

Except for breaches of confidentiality, in no event shall either Party be liable to the other Party for any consequential, incidental, exemplary, punitive, or special damages, including without limitation loss of profits, revenue, or business opportunities, whether in contract, tort, negligence, or otherwise, even if such Party has been advised of the possibility of such damages In any case, the aggregate liability of DigitalBuzz shall not exceed the total amount paid by the Client under this Agreement.

8. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the United States and the laws of the [State], without giving effect to any conflict of law principles. Any controversy or claim arising out of or in connection with this Agreement, or the breach thereof, shall be resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

9. TERM AND TERMINATION

9.1. Term

This Agreement shall commence on the Effective Date and continue throughout the Campaign Duration unless terminated earlier in accordance with the terms of this Agreement.

9.2. Termination for Convenience

Either Party may terminate this Agreement for convenience upon written notice to the other Party, provided that such termination shall be effective no earlier than thirty (30) days after the receipt of such written notice.

9.3. Termination for Cause

Either Party may terminate this Agreement for cause, including but not limited to a material breach of this Agreement or inability of the other Party to perform its obligations under this Agreement, upon written notice of the breaching Party, which shall have a period of thirty (30) days to remedy such breach to the satisfaction of the non-breaching Party. If the breach is not remedied within this period, the non-breaching Party may terminate this Agreement immediately by written notice to the breaching Party.

10. SURVIVAL

Sections 6, 7, and 8 of this Agreement shall survive the expiration or termination of this Agreement.

11. MISCELLANEOUS

11.1. Entire Agreement

This Agreement together with any executed attachments constitutes the entire understanding between the Parties and supersedes all prior writings, conversations, understandings, and negotiations concerning the subject matter of this Agreement.

11.2. Amendment

This Agreement may only be modified or amended in a writing signed by both Parties.

11.3. Severability

If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such provision shall be modified to the minimum extent necessary to make it conform to the requirements of law and the intent of the Parties, and all other provisions of this Agreement will nevertheless remain in full force and effect.

11.4. Force Majeure

Neither Party shall be deemed to be in default of this Agreement by reason of delay in performance or other obligations caused by any means beyond its reasonable control, including but not limited to acts of God, natural disasters, labor strikes, or war.

IN WITNESS WHEREOF, the Parties have executed this Marketing Services Agreement on the Effective Date.

_________________________ _________________________
DigitalBuzz Marketing XYZ Tech Solutions
By:________________________________ By:______________________________
Name: _____________________________ Name: __________________________
Title: _____________________________ Title: ___________________________
Date: _____________________________ Date: ___________________________