NURSING HOME MARKETING AGREEMENT
This Nursing Home Marketing Agreement (hereinafter referred to as the "Agreement") is made and entered into on this day of [DATE], by and between [YOUR COMPANY NAME], a [insert legal form of the company, e.g., corporation, LLC, etc.] organized and existing under the laws of [State/Country of Incorporation], with its principal place of business located at [Your Company Address] (hereinafter referred to as the "Company"), and [PARTNER COMPANY NAME], a [insert legal form of the company] organized and existing under the laws of [State/Country of Incorporation], with its principal place of business located at [Partner Company Address] (hereinafter referred to as the "Partner").
ARTICLE 1: DEFINITIONS AND INTERPRETATIONS
1.1 Definitions: In this Agreement, unless the context otherwise requires, the following terms shall have the following meanings:
"Confidential Information" means all non-public information, technical data, trade secrets, or know-how, including, but not limited to, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, or other business information disclosed by one party to the other, either directly or indirectly.
"Marketing Services" refers to the services outlined in Article 4 of this Agreement.
1.2 Interpretation: In this Agreement, unless the context otherwise requires:
References to an article, section, or annexure are to the article, section, or annexure of this Agreement.
References to a party include its successors and permitted assigns.
The headings are for convenience only and shall not affect the interpretation of this Agreement.
ARTICLE 2: PURPOSE
2.1 The purpose of this Agreement is to engage the Partner to utilize its marketing services to promote the Company’s nursing home facilities, with the goal of increasing the Company’s customer base and improving its market position through the planning, development, and execution of effective marketing strategies.
ARTICLE 3: DURATION
3.1 This Agreement shall commence on the date of its execution and continue in effect for a period of [TIME PERIOD], unless terminated earlier in accordance with Article 7 of this Agreement.
ARTICLE 4: SERVICES
4.1 Scope of Services: The Partner agrees to provide the following marketing services to the Company:
Conducting market research to identify potential customer bases and market trends.
Developing comprehensive marketing plans, including strategies for digital, print, and event marketing.
Executing promotions and advertising campaigns designed to enhance the visibility and attractiveness of the Company’s nursing home facilities.
Providing regular performance reports detailing the outcomes of marketing efforts and recommending adjustments to strategies as necessary.
4.2 Standards of Performance: The Partner shall perform all services under this Agreement diligently, professionally, and to the highest industry standard.
ARTICLE 5: PAYMENT TERMS
5.1 Fees: The Company shall pay the Partner a fee of [$ AMOUNT] per annum, payable in monthly installments of [insert monthly payment amount].
5.2 Expenses: The Company shall reimburse the Partner for any pre-approved out-of-pocket expenses incurred in the performance of the services under this Agreement.
5.3 Invoicing and Payment: The Partner shall submit monthly invoices for the services rendered in the preceding month. The Company shall pay each invoice within [number of days, e.g., 30] days of receipt.
ARTICLE 6: CONFIDENTIALITY
6.1 The Partner agrees to maintain the confidentiality of all Confidential Information of the Company obtained in the course of this Agreement and not to use such information for any purpose other than the performance of its obligations under this Agreement.
ARTICLE 7: TERMINATION
7.1 Termination for Cause: Either Party may terminate this Agreement with 30 days' written notice to the other Party if the other Party materially breaches any of its obligations under this Agreement and fails to cure such breach within the notice period.
7.2 Effect of Termination: Upon termination, the Partner shall return to the Company all documents, work products, and Confidential Information of the Company in its possession.
ARTICLE 8: GOVERNING LAW AND DISPUTE RESOLUTION
8.1 This Agreement shall be governed by and construed in accordance with the laws of the state of [LOCATION], without giving effect to any choice or conflict of law provision or rule.
8.2 Any disputes arising out of or related to this Agreement shall be resolved through mediation, and if unresolved, then by arbitration in accordance with the rules of the American Arbitration Association.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written.
[YOUR COMPANY NAME]
Signature:
Name:
[Name of Signatory]
Title:
[Title of Signatory]
Date:
[Date of Signing]
[PARTNER COMPANY NAME]
Signature:
Name:
[Name of Signatory]
Title:
[Title of Signatory]
Date:
[Date of Signing]
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