The Marketing Consultant Retainer Agreement is essential for businesses seeking to establish a formal, ongoing relationship with marketing professionals in the United States. This document provides a legal framework for the engagement, detailing monthly or quarterly retainer fees, service expectations, deliverables, and performance metrics. It addresses key aspects such as intellectual property rights, confidentiality, and compliance with federal and state marketing regulations. The agreement is particularly valuable for companies requiring consistent marketing support while maintaining flexibility in service scope and protecting both parties' interests.
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1. Parties: Identification of the marketing consultant and the client company, including full legal names and addresses
2. Background: Context of the agreement and brief description of why the parties are entering into this arrangement
3. Definitions: Key terms used throughout the agreement defined for clarity
4. Scope of Services: Detailed description of marketing services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination
6. Compensation: Retainer fee structure, payment terms, and additional expenses
7. Intellectual Property Rights: Ownership and usage rights of marketing materials and deliverables
8. Confidentiality: Protection of sensitive information shared between parties
1. Non-Compete: Restrictions on working with competitors during and after the agreement term
2. Insurance Requirements: Specific insurance coverage requirements for the consultant
3. Performance Metrics: Detailed KPIs and performance measurement criteria
4. Data Protection: Specific requirements for handling and protecting customer data and personal information
1. Schedule A - Detailed Service Description: Comprehensive list of marketing services and deliverables
2. Schedule B - Fee Schedule: Detailed breakdown of retainer fees and additional charges
3. Schedule C - Key Performance Indicators: Specific metrics for measuring success and performance targets
4. Schedule D - Approved Subcontractors: List of pre-approved third-party service providers
5. Appendix 1 - Client Brand Guidelines: Client's branding requirements and specifications
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