Templates

Marketing contract template with AI

A professional Marketing contract template you can use as-is or customize in our contract builder.

Includes

What Marketing contract includes

SERVICES

FEES & PAYMENT

SCHEDULE & CANCELLATIONS

ACCESS, KEYS & SAFETY

PETS & SPECIAL CONDITIONS

EXCLUSIONS

TERM & TERMINATION

LIABILITY & DAMAGE

GOVERNING LAW & DISPUTE RESOLUTION

GENERAL PROVISIONS

SIGNATURES

AI-generated Marketing contract template PDF

Marketing Services Agreement

This Marketing Services Agreement (the "Agreement") is dated as of ____________ (the "Effective Date"), by and between __________________________ (the "Service Provider") and __________________________ (the "Client") (collectively, the "Parties"). The Parties agree as follows:

This is a general-purpose US-focused marketing services template based on the brief provided. It is not legal advice. Local requirements and specific business needs may require changes.

Core terms

1. SERVICES:

1.1 Scope of Services. Service Provider will perform marketing strategy, campaign, and content services for Client (the "Services"). 1.2 Description of Services. The Services may include: (a) marketing strategy planning; (b) campaign planning and management; (c) content planning, creation, and revisions; and (d) related consulting and reporting, as agreed in writing by the Parties. 1.3 Service Schedule or Appendix. The Parties may describe detailed monthly deliverables, campaigns, and reporting cadence in one or more written schedules, statements of work, or appendices (each, a "Service Schedule"). If there is any conflict between this Agreement and a Service Schedule, this Agreement will control unless the Service Schedule clearly states that it will control for a specific item. 1.4 Changes to Services. Either Party may request changes to the Services. No change will be binding unless both Parties agree in writing, including any impact on fees, timelines, or deliverables. 1.5 Standard of Performance. Service Provider will perform the Services using reasonable care and skill, in a professional manner consistent with generally accepted marketing industry practices. 1.6 Client Responsibilities. Client will provide timely access to information, branding assets, approvals, and tools or platforms that Service Provider reasonably needs to perform the Services. Delays in Client’s responses may delay delivery dates.

This clause explains what marketing work the Service Provider will do, how the details can be described in a Service Schedule, and that changes must be agreed in writing. It also states that the work will be done to a professional standard and that the Client must provide needed information and approvals.

2. FEES & PAYMENT:

2.1 Fees. Client will pay Service Provider a flat fee of $1,500 (one thousand five hundred US dollars) per month for the Services, unless the Parties agree otherwise in a signed writing. 2.2 Billing and Payment Timing. Service Provider will bill the monthly fee on the 1st day of each month, in advance of Services for that month. Client must pay each invoice within ten (10) calendar days of the invoice date, unless the invoice states a different due date agreed by the Parties. 2.3 Payment Method. Payments may be made by check, bank transfer, credit card, or other methods accepted by Service Provider. Service Provider may require electronic payment for recurring monthly fees. 2.4 Late Payments. If Client does not pay any undisputed amount by the due date, Service Provider may: (a) charge a late fee of the lesser of 1.5% per month or the maximum rate allowed on the overdue amount; and/or (b) suspend or delay Services until Client pays all overdue amounts. Service Provider will give Client at least five (5) calendar days’ written notice before suspending Services for non-payment. 2.5 Disputed Amounts. If Client disputes any portion of an invoice in good faith, Client must notify Service Provider in writing within ten (10) calendar days of the invoice date, describe the disputed amount, and pay the undisputed portion when due. The Parties will work together in good faith to resolve the dispute. 2.6 Expenses. Unless stated in a Service Schedule, the monthly fee does not include third-party costs such as ad spend, media buys, software subscriptions, stock media, or printing. Client will either (a) pay such third-party costs directly; or (b) reimburse Service Provider for approved costs within ten (10) calendar days after receiving documentation.

This clause sets a $1,500 flat monthly fee, billed on the 1st in advance, explains how and when the Client must pay, what happens if payment is late, and how disputes and extra expenses like ad spend are handled.

3. SCHEDULE & CANCELLATIONS:

3.1 Service Period and Cadence. The Parties expect the Services to be ongoing on a monthly basis. Specific milestones, content calendars, and reporting dates may be described in a Service Schedule or monthly plan agreed by the Parties. 3.2 Meetings and Reviews. The Parties will schedule regular check-in meetings and reporting reviews (for example, monthly or as stated in a Service Schedule). Either Party may request to reschedule a meeting with reasonable notice. 3.3 Client Cancellations or Rescheduling of Meetings. Client may cancel or reschedule a scheduled strategy, review, or content meeting without charge if Client gives at least forty-eight (48) hours’ notice by email or other written method accepted by Service Provider. If Client cancels or reschedules a meeting with less than forty-eight (48) hours’ notice, Service Provider may charge a late rescheduling fee equal to a reasonable percentage of the estimated time cost for that meeting, not to exceed the value of that meeting under the monthly plan. 3.4 Service Suspension by Service Provider. Service Provider may reschedule meetings or temporarily pause non-critical work for staffing or operational reasons, but will give Client reasonable advance notice and use reasonable efforts to avoid negative impact on active campaigns. 3.5 Campaign Changes and Approvals. Client will review and approve drafts, content, and campaign plans in a timely manner. If Client does not provide approvals or feedback within the timeframes set out in a Service Schedule or within a reasonable period, delivery dates may shift, but the monthly fee will still be due.

This clause explains how the monthly work and meetings will be scheduled, how cancellations and rescheduling work, and that 48 hours’ notice is needed to avoid a late rescheduling fee. It also notes that delays in Client approvals may push timelines but not reduce the monthly fee.

4. ACCESS, KEYS & SAFETY:

4.1 Access to Systems and Accounts. Client will provide Service Provider with the access, permissions, and credentials reasonably needed to perform the Services, such as access to advertising platforms, analytics tools, content management systems, and brand assets. 4.2 Security Practices. Service Provider will use reasonable care to protect Client’s confidential access credentials and will not share them outside its staff, contractors, or agents who need access to perform the Services. 4.3 Client Policies. If Client has written security, brand, or communication policies and provides them to Service Provider, Service Provider will use reasonable efforts to follow those policies while performing the Services. 4.4 No On-Site Requirements. Unless the Parties agree otherwise in writing, the Services will be performed remotely and will not require on-site work at Client’s premises.

This clause covers access to the Client’s digital tools and accounts, reasonable security practices for credentials, following Client policies where provided, and that work is assumed to be remote unless the Parties agree otherwise.
Risk & exceptions

5. PETS & SPECIAL CONDITIONS:

5.1 No Pets On-Site. The Parties do not expect pets or animals to be involved in the performance of the Services because the Services are primarily marketing and remote in nature. 5.2 Special Conditions. If the Parties later agree that Services will be performed on-site at a location with special conditions (such as restricted areas, access rules, or safety requirements), they will describe those conditions in writing and follow any agreed procedures.

This clause notes that pets are not relevant to these marketing services and explains that any special on-site conditions will be documented if they arise later.

6. EXCLUSIONS:

6.1 Services Not Included. Unless specifically stated in a Service Schedule, the Services do not include: (a) legal, tax, or regulatory advice; (b) guarantees of specific results such as sales volume, revenue, or customer numbers; (c) software development or website coding beyond minor content edits; or (d) public relations crisis management. 6.2 Third-Party Platforms and Results. Client understands that performance of campaigns depends on many factors that Service Provider does not control, such as changes by advertising platforms, algorithms, competitors, and market conditions. Service Provider does not promise any minimum return on ad spend or similar metrics unless expressly stated in a Service Schedule. 6.3 Out-of-Scope Work. If Client requests work that is outside the scope of the Services or Service Schedule, Service Provider may offer to perform such work under a separate written agreement or a change order with additional fees.

This clause lists types of work that are not included, explains that marketing results depend on external factors, and states that extra work requires separate agreement or fees.

8. LIABILITY & DAMAGE:

8.1 Limitation of Liability. To the maximum extent allowed, each Party’s total liability to the other for all claims arising out of or related to this Agreement will be limited to one thousand US dollars (USD $1,000) in the aggregate. 8.2 Exclusion of Certain Damages. Neither Party will be responsible to the other for any lost profits, loss of business, loss of data, or any indirect, special, or consequential damages that arise from this Agreement or the Services, even if advised that such damages were possible. 8.3 Exceptions. The limits in this Section 8 will not apply to: (a) a Party’s obligation to pay fees or approved expenses under this Agreement; (b) a Party’s intentional misconduct; or (c) a Party’s breach of confidentiality obligations. 8.4 Third-Party Services and Platforms. Service Provider is not responsible for acts or failures of third-party service providers, platforms, or vendors, including advertising networks, social media platforms, email providers, or hosting services, except to the extent caused by Service Provider’s failure to follow Client’s clear written instructions.

This clause caps each Party’s total financial responsibility at $1,000, excludes certain types of large indirect damages, and carves out exceptions like intentional misconduct, unpaid fees, and confidentiality breaches. It also limits responsibility for third-party platforms.
Legal wrap-up

7. TERM & TERMINATION:

7.1 Term. This Agreement will start on the Effective Date and will continue on a month-to-month basis until ended under this Section 7. 7.2 Termination for Convenience. Either Party may terminate this Agreement for any reason by giving the other Party at least thirty (30) calendar days’ prior written notice. Services and billing will continue through the end of the then-current monthly period, unless the Parties agree otherwise in writing. 7.3 Termination for Cause. Either Party may terminate this Agreement if the other Party materially breaches this Agreement and does not fix the breach within fifteen (15) calendar days after receiving written notice describing the breach. 7.4 Effect of Termination. Upon termination: (a) Client will pay Service Provider all fees earned and approved expenses incurred through the effective date of termination; (b) Service Provider will deliver any work-in-progress and reasonable documentation prepared up to the effective date, to the extent paid for by Client; and (c) each Party will return or destroy the other Party’s confidential information upon request, subject to reasonable backup and record-keeping practices. 7.5 Surviving Provisions. Any clauses that by their nature should continue after termination, including payment obligations, confidentiality, intellectual property ownership or license terms, limitations of liability, and dispute resolution, will continue to apply.

This clause sets a month-to-month term, allows either Party to end the Agreement with 30 days’ notice or sooner if there is a serious uncured breach, and explains what happens on termination, including payment of earned fees and handling of work-in-progress and confidential information.

9. GOVERNING LAW & DISPUTE RESOLUTION:

9.1 Governing Law. This Agreement will be governed by and interpreted under the laws of the state selected below, without regard to its conflict-of-laws rules: State: ________________________________. 9.2 Good Faith Negotiation. If a dispute arises out of or relates to this Agreement, the Parties will first try to resolve it through good faith discussions between business representatives. 9.3 Mediation. If the dispute is not resolved within thirty (30) calendar days after written notice of the dispute, either Party may propose non-binding mediation with a mutually agreed mediator. The Parties will share the mediator’s fees equally. 9.4 Litigation. If the dispute is not resolved through negotiation or mediation, either Party may bring a claim in the state or federal courts located in the state and county selected below, and the Parties agree to the personal jurisdiction of those courts: County: ________________________________. State: ________________________________. 9.5 Attorneys’ Fees. In any action between the Parties arising from this Agreement, the court may award reasonable attorneys’ fees and costs to the prevailing Party, if appropriate.

This clause lets the Parties choose which state’s law applies, encourages good faith discussion and optional mediation before going to court, and sets where any lawsuit must be filed.

10. GENERAL PROVISIONS:

10.1 Independent Contractor. Service Provider is an independent contractor and not an employee, partner, or agent of Client. Service Provider is responsible for its own taxes, benefits, and insurance. 10.2 Intellectual Property and Licenses. Unless a Service Schedule states otherwise, and subject to full payment of all fees due, Client will own the final marketing content and deliverables that Service Provider creates specifically for Client under this Agreement, excluding any Service Provider pre-existing materials, tools, or templates. Service Provider grants Client a non-exclusive, worldwide, royalty-free license to use, copy, and display such pre-existing materials only as part of or together with the deliverables. 10.3 Confidentiality. Each Party will keep the other Party’s non-public business, marketing, and technical information confidential and will use it only to perform or receive the Services. This obligation does not apply to information that is or becomes public without breach, is received from another source without duty of confidentiality, or is independently developed. 10.4 Assignment. Neither Party may assign or transfer this Agreement without the other Party’s prior written consent, except that either Party may assign this Agreement to a successor in connection with a merger, acquisition, or sale of substantially all of its assets. 10.5 Notices. Formal notices under this Agreement must be in writing and sent by email with confirmation, certified mail, or a recognized courier to the contact information the Parties provide below, or to updated contact information given in writing. 10.6 Entire Agreement. This Agreement, together with any Service Schedules, is the entire agreement between the Parties about the Services and replaces all prior proposals, understandings, or communications about the same subject. 10.7 Amendments. Any change to this Agreement or a Service Schedule must be in a written document signed or otherwise clearly agreed to by both Parties. 10.8 No Waiver. If a Party delays or does not enforce a right under this Agreement, that does not mean the Party waives that right. 10.9 Severability. If any part of this Agreement is found to be invalid or unenforceable, the rest of the Agreement will remain in effect, and the Parties will replace the invalid part with a valid term that best matches the original intent. 10.10 Counterparts and Electronic Signatures. This Agreement may be signed in counterparts and by electronic signatures or scanned copies, which will be treated the same as original signatures.

This clause covers the independent contractor relationship, ownership of deliverables and licenses to pre-existing materials, confidentiality, assignment, notice methods, and standard terms like entire agreement, amendments in writing, no waiver, severability, and electronic signatures.

11. SIGNATURES:

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. SERVICE PROVIDER: Name: __________________________________________ Title: ___________________________________________ Company (if any): _________________________________ Signature: _______________________________________ Date: ___________________________________________ CLIENT: Name: __________________________________________ Title: ___________________________________________ Company (if any): _________________________________ Signature: _______________________________________ Date: ___________________________________________

This clause provides signature lines for both Parties to formally agree to the contract terms.

FAQ

FAQ

What is a Marketing contract?

A Marketing contract is a service agreement tailored to Marketing contract work. It defines scope, fees, schedule, responsibilities, and risk allocation, and the exact clauses vary by service category.

Who is this contract for?

For service providers and clients, including independent contractors, freelancers, agencies, managed service firms, homeowners, property managers, and businesses.

How to get a Marketing contract customizable?

Describe your service in plain language, the AI turns it into a structured brief and generates the draft. Then you can rewrite a clause with one click and download the final contract.

How to write a Marketing contract?

Start with parties and scope, then add fees, schedule, access, and deliverables. Emphasize risk sections like cancellations, liability, damages, exclusions, termination, and dispute handling.

Can I download the contract as PDF or Word?

Yes. After the draft is generated, you can export it as PDF or Word when available.

Is this a contract builder or just a template?

It's an advanced AI contract generator built on professional contract knowledge, producing a ready-to-use agreement rather than a static template.

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