Architecture Marketing Agreement

This Architecture Marketing Agreement ("Agreement") is made and entered into as of [Effective Date], by and between [Your Company Name], a [State/Country] corporation with its principal place of business at [Your Company Address] ("Company"), and [Marketing Partner Name], a [State/Country] corporation with its principal place of business at [Marketing Partner Address] ("Marketing Partner"). Company and Marketing Partner are collectively referred to herein as the "Parties" and individually as a "Party."

WHEREAS, Company is engaged in the business of providing architectural services and wishes to enhance its market presence and client base;

WHEREAS, Marketing Partner specializes in marketing services and has the expertise and resources to assist Company in achieving its marketing objectives;

WHEREAS, Company desires to engage Marketing Partner to provide marketing services as described herein, and Marketing Partner agrees to provide such services in accordance with the terms and conditions set forth in this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Parties agree as follows:

I. Scope of Marketing Services

A. Description of Services: Marketing Partner shall provide the following marketing services:

1. Digital Marketing: Including but not limited to, search engine marketing (SEM), display advertising, and online reputation management.
   

2. Social Media Management: Creating, curating, and managing content across social media platforms such as Facebook, Instagram, LinkedIn, and Twitter.
   

3. Content Creation: Developing original content including blog posts, articles, whitepapers, and video content.
   

4. Search Engine Optimization (SEO): Enhancing the visibility of Company's website through on-page and off-page SEO techniques.
   

5. Email Marketing: Designing and executing email marketing campaigns to promote Company's services and engage with clients.
   

6. Event Promotion: Planning and promoting events such as webinars, seminars, and industry conferences.

B. Marketing Channels: The marketing services will be executed across various channels including digital platforms, social media, email, and industry events to maximize outreach and engagement.

C. Geographical Area: The marketing efforts will focus primarily on [Territory], with the potential to expand based on mutual agreement.

D. Target Audience: The target audience includes potential clients, industry professionals, and key stakeholders within the architectural sector.

II. Duration of Agreement

A. Effective Date: This Agreement shall commence on [Effective Date].

B. Term of Agreement: The initial term of this Agreement shall be two (2) years from the Effective Date.

C. Renewal and Extension: The Agreement may be renewed for additional one (1) year terms upon mutual written agreement of the Parties, provided that notice of renewal is given at least thirty (30) days prior to the expiration of the current term.

III. Responsibilities of the Parties

A. Responsibilities of the Company:

1. Provide Access: Company shall provide Marketing Partner with access to necessary information, materials, and resources required for the execution of marketing services.
   

2. Timely Approvals: Company shall review and approve marketing materials and campaigns in a timely manner to avoid delays in execution.
   

3. Feedback and Collaboration: Company shall provide constructive feedback and collaborate with Marketing Partner to refine and improve marketing strategies.

B. Responsibilities of the Marketing Partner:

1. Professional Conduct: Marketing Partner shall use its best efforts to promote Company's services in a professional and ethical manner.
   

2. Execution of Services: Marketing Partner shall execute the marketing services as detailed in this Agreement and Appendix A.
   

3. Reporting: Marketing Partner shall provide regular reports on marketing activities and performance metrics as specified in Section V.

IV. Compensation and Payment Terms

A. Monthly Retainer Fee: Company agrees to pay Marketing Partner a monthly retainer fee of $5,000 for the marketing services provided under this Agreement.

B. Payment Schedule: Payments shall be due on the first day of each month. Marketing Partner shall invoice Company at least fifteen (15) days prior to the due date.

C. Reimbursement of Expenses: Any additional expenses incurred by Marketing Partner in the course of providing the marketing services, such as advertising costs, travel expenses, and event fees, shall be reimbursed by Company, provided that such expenses are pre-approved by Company.

D. Taxes and Duties: Company shall be responsible for all taxes, duties, and charges imposed by any governmental authority related to the fees paid under this Agreement.

E. Late Payment Penalties: Any payment not made within thirty (30) days of the due date shall incur a late fee of 1.5% per month on the outstanding amount.

V. Performance Metrics and Reporting

A. Key Performance Indicators (KPIs): The effectiveness of the marketing services will be measured using the following KPIs:

1. Website Traffic: Increase in the number of visitors to Company's website.

2. Lead Generation: Number of qualified leads generated through marketing.

3. Social Media Engagement: Growth in followers, likes, shares, and comments.

4. Conversion Rate: Percentage of leads converted into clients.

5. Return on Investment (ROI): Financial return generated from marketing activities compared to the cost.

B. Reporting Requirements: Marketing Partner shall provide Company with detailed reports on a monthly basis, outlining the performance against the KPIs, along with insights and recommendations for improvement.

C. Performance Reviews: Quarterly performance reviews will be conducted to assess the overall effectiveness of the marketing efforts. During these reviews, the Parties will discuss the results, address any issues, and make necessary adjustments to the marketing strategy.

D. Corrective Actions: If the marketing services do not meet the agreed-upon KPIs for two consecutive quarters, the Parties will collaborate to identify and implement corrective actions to improve performance.

VI. Intellectual Property Rights

A. Use of Company’s IP: Marketing Partner is granted a non-exclusive, non-transferable license to use Company's trademarks, logos, and other intellectual property solely for the purpose of performing the marketing services specified in this Agreement.

B. Use of Marketing Partner’s IP: Company is granted a non-exclusive, non-transferable license to use Marketing Partner’s proprietary tools and methodologies in the execution of the marketing services.

C. Protection of IP: Both Parties agree to take all necessary steps to protect the intellectual property rights of the other Party. This includes, but is not limited to, implementing security measures and restricting access to authorized personnel only.

D. Infringement Procedures: In the event of any suspected infringement of intellectual property rights, the affected Party shall promptly notify the other Party. The Parties shall cooperate in investigating and addressing any such infringement.

VII. Confidentiality

A. Definition of Confidential Information: Confidential information includes any non-public information disclosed by one Party to the other Party under this Agreement, including business plans, marketing strategies, financial data, and proprietary information.

B. Obligations of Confidentiality: Both Parties agree to maintain the confidentiality of any confidential information disclosed during the term of this Agreement. Neither Party shall disclose such information to any third party without the prior written consent of the disclosing Party.

C. Duration of Confidentiality Obligations: The obligations of confidentiality shall continue for a period of two (2) years after the termination of this Agreement.

D. Exceptions: Confidential information does not include information that is publicly known, already known to the recipient, independently developed, or lawfully disclosed by a third party.

VIII. Termination

A. Termination by Company: Company may terminate this Agreement with thirty (30) days' written notice for any material breach of this Agreement by Marketing Partner, provided that the breach is not cured within the notice period.

B. Termination by Marketing Partner: Marketing Partner may terminate this Agreement with thirty (30) days' written notice for any material breach of this Agreement by Company, provided that the breach is not cured within the notice period.

C. Termination for Convenience: Either Party may terminate this Agreement for convenience with ninety (90) days' written notice to the other Party.

D. Effects of Termination: Upon termination, Marketing Partner shall cease all marketing activities and return or destroy all confidential information and marketing materials provided by Company. Company shall pay Marketing Partner for all services rendered up to the date of termination.

E. Survival of Obligations: The obligations of confidentiality, indemnification, and any other provisions that by their nature should survive termination shall remain in effect after the termination of this Agreement.

IX. Indemnification and Liability

A. Indemnification by Company: Company agrees to indemnify and hold Marketing Partner harmless from any claims, damages, and expenses arising out of Company’s use of the marketing services provided under this Agreement.

B. Indemnification by Marketing Partner: Marketing Partner agrees to indemnify and hold Company harmless from any claims, damages, and expenses arising out of Marketing Partner’s provision of the marketing services under this Agreement.

C. Limitation of Liability: Marketing Partner's liability under this Agreement shall be limited to the amount of fees paid by Company in the six (6) months preceding the claim. Neither Party shall be liable for any indirect, incidental, or consequential damages.

D. Insurance Requirements: Both Parties shall maintain adequate insurance coverage to cover their respective indemnification obligations under this Agreement.

X. Dispute Resolution

A. Negotiation and Mediation: The Parties agree to attempt to resolve any disputes arising out of this Agreement through good faith negotiations. If the dispute cannot be resolved through negotiation within thirty (30) days, the Parties shall submit the dispute to mediation.

B. Arbitration: If the Parties cannot resolve the dispute through mediation within sixty (60) days, the dispute shall be submitted to arbitration in [Jurisdiction] in accordance with the rules of the [Arbitration Organization]. The decision of the arbitrator shall be final and binding.

C. Jurisdiction and Venue: Any arbitration proceedings shall be conducted in [Jurisdiction], and the award of the arbitrator shall be enforceable in any court of competent jurisdiction.

XI. Miscellaneous Provisions

A. Entire Agreement: This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, whether written or oral.

B. Amendments and Modifications: Any amendments or modifications to this Agreement must be in writing and signed by both Parties.

C. Assignment and Subcontracting: Neither Party may assign or subcontract its rights or obligations under this Agreement without the prior written consent of the other Party.

D. Notices: Any notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by certified mail, or sent by email with confirmation of receipt.

E. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of [State/Country].

F. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

G. Force Majeure: Neither Party shall be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, war, terrorism, and natural disasters.

Signatures

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.

Company

[Name]

[Date]

Marketing Partner

[Name]

[Date]

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