Car Rental Marketing Contract
Car Rental Marketing Contract
This Car Rental Marketing Contract (the "Contract") is made and entered into as of [Effective Date], by and between [Your Company Name], with its principal place of business at [Your Company Address], [City, State, ZIP Code], and contact information [Your Company Number], [Your Company Email] (hereinafter referred to as "Car Rental Company"), and [Marketing Agency Name], with its principal place of business at [Marketing Agency Address], [City, State, ZIP Code], and contact information [Marketing Agency Number], [Marketing Agency Email] (hereinafter referred to as "Marketing Agency").
Whereas, Car Rental Company is engaged in the business of providing car rental services and desires to promote its services to a broader audience; and
Whereas, Marketing Agency is a professional marketing firm specializing in developing and implementing marketing strategies; and
Whereas, Car Rental Company wishes to retain Marketing Agency to provide marketing services under the terms and conditions set forth in this Contract.
Now, Therefore, in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows:
1. Definitions
1.1 "Services" means the marketing services to be provided by Marketing Agency as described in Exhibit A attached hereto.
1.2 "Deliverables" means all materials, documents, presentations, and other items to be delivered by Marketing Agency as part of the Services.
1.3 "Term" means the duration of this Contract as specified in Section 4.
1.4 "Fees" means the compensation to be paid by Car Rental Company to Marketing Agency for the Services as specified in Exhibit B attached hereto.
1.5 "Confidential Information" means any information that is proprietary or confidential and is either clearly labeled as such or identified as Confidential Information by the disclosing party.
2. Scope of Services
2.1 Description of Services
Marketing Agency agrees to provide Car Rental Company with marketing services as detailed in Exhibit A. These services include but are not limited to:
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Market research and analysis
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Development of marketing strategies
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Design and implementation of advertising campaigns
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Social media management
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Content creation and distribution
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Search engine optimization (SEO)
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Performance tracking and reporting
2.2 Deliverables
Marketing Agency shall deliver all Deliverables to Car Rental Company in accordance with the timeline and specifications outlined in Exhibit A. All Deliverables must be approved by Car Rental Company before final implementation.
2.3 Changes to Services
Any changes to the scope of Services must be agreed upon in writing by both parties. Additional fees may apply for any changes or additional services requested by Car Rental Company.
3. Responsibilities of the Parties
3.1 Responsibilities of Marketing Agency
Marketing Agency shall:
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Perform the Services with the highest professional standards.
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Devote the necessary time and resources to ensure timely completion of the Services.
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Communicate regularly with Car Rental Company regarding the progress of the Services.
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Obtain Car Rental Company's approval before making any significant changes to the marketing strategies or Deliverables.
3.2 Responsibilities of Car Rental Company
Car Rental Company shall:
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Provide Marketing Agency with all necessary information and materials to perform the Services.
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Respond promptly to Marketing Agency’s requests for feedback and approvals.
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Make timely payments to Marketing Agency in accordance with Exhibit B.
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Designate a primary contact person to liaise with Marketing Agency.
4. Term and Termination
4.1 Term
This Contract shall commence on [Effective Date] and shall continue for a period of [Number] months/years, unless terminated earlier in accordance with this Section 4.
4.2 Termination for Convenience
Either party may terminate this Contract for any reason by providing [Number] days written notice to the other party.
4.3 Termination for Cause
Either party may terminate this Contract immediately upon written notice if the other party breaches any material term of this Contract and fails to cure such breach within [Number] days after receipt of written notice of the breach.
4.4 Effect of Termination
Upon termination of this Contract for any reason:
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Marketing Agency shall cease all Services immediately.
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Car Rental Company shall pay Marketing Agency for all Services performed up to the effective date of termination.
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Marketing Agency shall return all Confidential Information and Deliverables to Car Rental Company.
5. Fees and Payment
5.1 Fees
Car Rental Company agrees to pay Marketing Agency the fees set forth in Exhibit B for the performance of the Services.
5.2 Payment Terms
Invoices shall be submitted by Marketing Agency on a monthly basis. Payments are due within [Number] days of the invoice date. Late payments shall incur interest at a rate of [Percentage] per month.
5.3 Expenses
Car Rental Company shall reimburse Marketing Agency for all reasonable and necessary expenses incurred in the performance of the Services, provided that such expenses are pre-approved by Car Rental Company.
6. Confidentiality
6.1 Confidential Information
Each party agrees to maintain the confidentiality of the other party’s Confidential Information. Neither party shall use the other party’s Confidential Information for any purpose other than performing its obligations under this Contract.
6.2 Return of Confidential Information
Upon termination of this Contract, each party shall return or destroy all Confidential Information of the other party in its possession.
7. Intellectual Property
7.1 Ownership of Deliverables
All Deliverables created by Marketing Agency for Car Rental Company under this Contract shall be the sole property of Car Rental Company. Marketing Agency agrees to assign all rights, title, and interest in the Deliverables to Car Rental Company.
7.2 Pre-existing Intellectual Property
Each party shall retain ownership of its pre-existing intellectual property. Nothing in this Contract shall transfer any ownership rights in pre-existing intellectual property from one party to the other.
7.3 License to Use
Marketing Agency grants Car Rental Company a non-exclusive, royalty-free license to use Marketing Agency’s pre-existing intellectual property solely for the purpose of using the Deliverables.
8. Representations and Warranties
8.1 Marketing Agency Warranties
Marketing Agency represents and warrants that:
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It has the right and authority to enter into this Contract and perform the Services.
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The Services will be performed in a professional and workmanlike manner.
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The Deliverables will not infringe upon any third-party intellectual property rights.
8.2 Car Rental Company Warranties
Car Rental Company represents and warrants that:
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It has the right and authority to enter into this Contract.
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It will provide Marketing Agency with all necessary information and materials to perform the Services.
9. Indemnification
9.1 Indemnification by Marketing Agency
Marketing Agency agrees to indemnify, defend, and hold harmless Car Rental Company from any and all claims, liabilities, damages, and expenses arising out of or related to Marketing Agency’s breach of this Contract or its negligence or willful misconduct.
9.2 Indemnification by Car Rental Company
Car Rental Company agrees to indemnify, defend, and hold harmless Marketing Agency from any and all claims, liabilities, damages, and expenses arising out of or related to Car Rental Company’s breach of this Contract or its negligence or willful misconduct.
10. Limitation of Liability
10.1 Limitation of Liability
In no event shall either party be liable to the other for any indirect, incidental, consequential, or punitive damages arising out of or related to this Contract, even if the party has been advised of the possibility of such damages. The total liability of either party to the other for any claim arising out of or related to this Contract shall not exceed the total amount of fees paid by Car Rental Company to Marketing Agency under this Contract.
11. Miscellaneous
11.1 Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
11.2 Dispute Resolution
Any disputes arising out of or related to this Contract shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
11.3 Severability
If any provision of this Contract is held to be illegal, invalid, or unenforceable, the remaining provisions shall continue in full force and effect.
11.4 Waiver
No waiver of any breach of this Contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision hereof.
11.5 Entire Agreement
This Contract, including all exhibits hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and representations, whether written or oral.
11.6 Amendments
This Contract may be amended only by a written instrument executed by both parties.
11.7 Counterparts
This Contract may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
11.8 Notices
Any notices required or permitted to be given under this Contract shall be in writing and shall be deemed to have been given when delivered personally, sent by confirmed facsimile, or sent by certified or registered mail, postage prepaid, return receipt requested, to the addresses set forth above.
In Witness Whereof, the parties hereto have executed this Car Rental Marketing Contract as of the day and year first above written.
[Your Company Name]
By:
[Your Name]
[Your Title]
[Marketing Agency Name]
By:
[Name]
[Title]
Exhibit A: Description of Services
[Detailed description of the marketing services to be provided by Marketing Agency.]
Exhibit B: Fees
[Detailed description of the fees to be paid by Car Rental Company to Marketing Agency, including payment terms and schedule.]
