Marketing Consultant Retainer Agreement Template for United States

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Key Requirements PROMPT example:

Marketing Consultant Retainer Agreement

"I need a Marketing Consultant Retainer Agreement for my tech startup that includes specific KPI targets and social media deliverables, with a monthly retainer of $5,000 starting January 2025, and strong IP protection clauses as we'll be sharing proprietary product information."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

Independent Contractor Classification: IRS guidelines and regulations governing the classification of independent contractors versus employees, critical for establishing the correct business relationship

FTC Regulations: Federal Trade Commission regulations governing advertising and marketing practices, including truth in advertising and consumer protection measures

CAN-SPAM Act: Federal law governing commercial email practices and requirements for marketing communications via email

Intellectual Property Laws: Federal and state laws protecting copyrights, trademarks, and patents, crucial for marketing content creation and ownership rights

Federal Privacy Laws: Laws governing the collection, storage, and use of customer data in marketing activities

State Labor Laws: State-specific regulations regarding contractor classification and working relationships

State Advertising Regulations: State-specific rules and requirements for advertising and marketing practices

State Privacy Laws: State-specific privacy regulations, such as CCPA in California, governing data protection and privacy rights

Truth in Advertising Laws: Federal and state regulations ensuring accurate and truthful advertising claims and marketing materials

Social Media Marketing Guidelines: Platform-specific and federal guidelines governing social media marketing practices and disclosures

Industry-Specific Marketing Restrictions: Specialized regulations for marketing in regulated industries such as healthcare, financial services, or alcohol

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

Common Law Contract Principles: Fundamental contract law principles including offer, acceptance, consideration, and capacity

Data Protection Requirements: Legal obligations regarding data security, privacy protection, and compliance with international standards like GDPR

Professional Liability Considerations: Legal requirements and best practices regarding professional liability insurance and risk management for marketing consultants

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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