This Marketing Agreement ("Agreement") is made and entered into as of [Date] by and between:

Marketing Agency:

  • [Your Name/Business Name]
  • [Your Address]



  • [Client Name]
  • [Client Address]


WHEREAS, Agency desires to provide marketing services to Client, and Client desires to engage Agency for such services.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows:


Agency agrees to provide the following marketing services for Client:

  • [List specific marketing services to be performed, e.g., develop marketing strategy, create marketing materials, manage social media marketing, conduct email marketing campaigns, run online advertising campaigns, etc.]

Scope of Work

A detailed Scope of Work outlining the specific deliverables, timelines, and responsibilities for each marketing service will be attached as Exhibit A to this Agreement.

Client Responsibilities

Client agrees to:

  • Provide Agency with all necessary information and materials related to Client's products or services.
  • Cooperate with Agency in the performance of the services.
  • Approve all marketing materials and campaigns before launch (unless otherwise agreed).


  • Fee Structure: [Specify fee structure, e.g., fixed fee, hourly rate, retainer fee, performance-based fee, or a combination]
  • Total Fee: [USD/CAD amount] (if applicable)
  • Payment Schedule: [Specify payment schedule, e.g., upfront payment, milestone payments, monthly payments]
  • Payment Methods: [Specify accepted methods, e.g., cash, check, bank transfer]

Term and Termination

  • Term: This Agreement shall commence on the Start Date (defined in Exhibit A) and continue for a period of [Term Length] (or until the completion of the project as defined in Exhibit A).
  • Termination: This Agreement may be terminated by either party upon written notice to the other party for any reason. In the event of termination by Client without cause, Client will compensate Agency for services rendered up to the date of termination.

Intellectual Property

  • Agency-Created Materials: Agency shall own all intellectual property rights in and to materials created by Agency specifically for Client under this Agreement (unless otherwise agreed). Client shall receive a non-exclusive license to use such materials for marketing purposes during the Term of this Agreement.
  • Pre-Existing Materials: Client shall retain ownership of all intellectual property rights in materials provided to Agency by Client.


Both parties agree to hold confidential all non-public information of the other party disclosed during the course of this Agreement. Confidential information does not include information that is already publicly known or that is independently developed by the receiving party.


Agency agrees to provide Client with regular reports on the performance of the marketing campaigns (as defined in the Scope of Work).

Representations and Warranties

Each party represents and warrants that it has the full right, power, and authority to enter into this Agreement and to perform its obligations hereunder.


Agency agrees to indemnify, defend, and hold harmless Client from and against any and all claims, demands, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to Agency's performance of services under this Agreement.

Limitation of Liability

Agency's liability under this Agreement shall be limited to the total fees paid by Client under this Agreement.

Dispute Resolution

[Optional: Specify the method for resolving any disputes arising from the Agreement (e.g., mediation, arbitration).]


All notices required or permitted hereunder shall be in writing and shall be deemed given when delivered personally, sent by certified or registered mail, postage prepaid, return receipt requested, or sent by overnight courier service to the addresses set forth above.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of [Your State] (USA) or the Province of [Your Province] (Canada), as applicable.

Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.


If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.


Marketing Agency:


Signed: ____________________________________________

Name: ____________________________________________

Date: ____________________________________________


Signed: ____________________________________________

Name: ____________________________________________

Date: ____________________________________________