Marketing Contractor Agreement Generator for United States

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Key Requirements PROMPT example:

Marketing Contractor Agreement

"I need a Marketing Contractor Agreement for hiring a digital marketing specialist to manage our social media campaigns and email marketing for 6 months starting January 2025, with specific KPIs for follower growth and engagement rates."

Document background
The Marketing Contractor Agreement serves as a crucial legal framework for businesses engaging external marketing expertise in the United States. This document is essential when companies need specialized marketing services without creating an employer-employee relationship. It addresses key aspects such as service scope, compensation, intellectual property rights, and confidentiality while ensuring compliance with federal and state contractor classification requirements. The agreement protects both parties' interests while establishing clear expectations and deliverables for marketing projects.
Suggested Sections

1. Parties: Identifies the contracting parties and their legal status

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Services: Details the marketing services to be provided

5. Term and Termination: Specifies contract duration and termination conditions

6. Compensation: Details payment terms, rates, and invoicing procedures

7. Independent Contractor Status: Clarifies the relationship between parties

8. Intellectual Property Rights: Addresses ownership of created materials and existing IP

9. Confidentiality: Protects sensitive business information

Optional Sections

1. Non-Compete: Restricts contractor from working with competitors (include when protecting market position is crucial)

2. Insurance Requirements: Specifies required insurance coverage (include for high-risk marketing activities)

3. Performance Metrics: Defines KPIs and success metrics (include for performance-based contracts)

4. Subcontracting: Rules for engaging additional contractors (include when subcontracting might be needed)

5. Data Protection: Specific data handling requirements (include when handling personal or sensitive data)

Suggested Schedules

1. Schedule A - Scope of Work: Detailed description of marketing services and deliverables

2. Schedule B - Fee Schedule: Detailed breakdown of rates and payment terms

3. Schedule C - Brand Guidelines: Client's branding requirements and standards

4. Schedule D - Key Performance Indicators: Specific metrics for measuring success

5. Schedule E - Approved Subcontractors: List of pre-approved subcontractors if applicable

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 defining contractor status vs employee, including control factors, financial arrangements, and relationship type between parties

Fair Labor Standards Act (FLSA): Federal law establishing wage, hour, and overtime standards, relevant for ensuring contractor classification doesn't violate employment standards

FTC Regulations: Federal Trade Commission regulations governing advertising, marketing practices, and consumer protection requirements

Copyright Act and DMCA: Federal laws protecting creative works and digital content, crucial for marketing materials and content creation

CAN-SPAM Act: Federal law governing commercial email practices and digital marketing communications

Americans with Disabilities Act (ADA): Federal law requiring accessible design for digital content and marketing materials

Internal Revenue Code Section 1706: Tax code section specifically addressing treatment of independent contractors and tax obligations

Intellectual Property Protection: Laws covering trademarks, patents, copyrights, and trade secrets relevant to marketing materials and brand assets

Privacy and Data Protection Laws: Federal and state laws governing data collection, usage, and protection, including CCPA and state-specific regulations

State Labor Laws: State-specific regulations governing contractor relationships and employment standards

Truth in Advertising Regulations: Federal and state requirements for honest and transparent advertising practices

Contract Formation Requirements: Basic contract law elements including offer, acceptance, consideration, and statutory requirements under Statute of Frauds

Non-Compete Regulations: State-specific laws governing enforcement and limitations of non-compete clauses in contractor agreements

Social Media Platform Policies: Platform-specific guidelines and requirements for marketing activities on social media channels

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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