Marketing Employment Contract Sample
Marketing Employment Contract Sample
This Marketing Employment Contract ("Contract") is made and entered into as of [Month Day, Year], by and between [Your Company Name], a company organized and existing under the laws of the State of [State], with its principal office located at [Your Company Address] (hereinafter referred to as "Company"), and [Employee’s Full Name], residing at [Employee’s Address] (hereinafter referred to as "Employee").
1. Position and Duties
1.1 Position
The Company agrees to employ Employee in the position of Marketing Manager. Employee agrees to perform the duties and responsibilities as described in the attached Exhibit A, which may be amended from time to time by mutual agreement.
1.2 Duties and Responsibilities
Employee shall diligently and effectively perform all duties assigned by the Company, including but not limited to overseeing marketing strategies, managing marketing campaigns, analyzing market trends, coordinating with internal teams, and executing other related tasks. Employee agrees to adhere to the Company’s policies and procedures as outlined in the Company’s Employee Handbook and other relevant documentation.
1.3 Reporting
Employee shall report directly to [Name], [Title], or to such other person as the Company may designate.
2. Employment Term
2.1 Term
The term of this Contract shall commence on [Month Day, Year] and shall continue until terminated by either party in accordance with the provisions of this Contract.
2.2 At-Will Employment
Employment with the Company is at-will. Either party may terminate the employment relationship at any time, with or without cause or advance notice, subject to the provisions of this Contract regarding notice and severance.
2.3 Probationary Period
The first [0] months of employment shall be considered a probationary period, during which time either party may terminate employment with [0] days’ notice.
3. Compensation and Benefits
3.1 Base Salary
The Company agrees to pay Employee a base salary of $[0], payable in [bi-weekly] installments in accordance with the Company’s standard payroll practices, subject to applicable withholdings and deductions.
3.2 Performance Bonuses
Employee may be eligible for performance bonuses based on the achievement of specific goals and objectives, as outlined in the Company’s Bonus Plan. The details of such bonuses will be communicated separately and are not guaranteed.
3.3 Benefits
Employee shall be eligible to participate in the Company’s employee benefits program, which includes health insurance, dental and vision coverage, a 401(k) retirement plan with company match, and other benefits as described in the Company’s benefits handbook. The Company reserves the right to modify or terminate its benefits program at any time.
3.4 Vacation and Leave
Employee shall be entitled to [0] days of paid vacation per year, accrued monthly or as per the Company’s policy. Employee is also entitled to sick leave, personal days, and other types of leave in accordance with the Company’s Employee Handbook and applicable state and federal laws.
3.5 Expense Reimbursement
The Company will reimburse Employee for all reasonable and necessary expenses incurred in the performance of Employee’s duties, including but not limited to travel, entertainment, and office supplies, provided such expenses are pre-approved by the Company and documented in accordance with Company policy.
4. Confidentiality and Non-Disclosure
4.1 Confidential Information
Employee agrees to maintain the confidentiality of all proprietary and confidential information of the Company, including but not limited to trade secrets, business plans, marketing strategies, client lists, and financial information. This obligation shall continue during and after the term of employment.
4.2 Non-Disclosure
Employee shall not, without prior written consent from the Company, disclose any confidential information to any third party or use such information for any purpose other than the performance of Employee’s duties under this Contract. Any disclosure required by law shall be promptly reported to the Company.
4.3 Ownership of Work Product
Any work product created by Employee during the term of employment, including but not limited to marketing materials, reports, and digital content, shall be the sole property of the Company.
5. Non-Compete and Non-Solicitation
5.1 Non-Compete
During the term of employment and for a period of [0] months following termination of employment, Employee agrees not to engage in or be associated with any business that competes with the Company’s marketing services within a [Geographic Area] radius. This restriction shall apply to any business that provides similar products or services to those offered by the Company.
5.2 Non-Solicitation
For a period of [0] months following termination of employment, Employee agrees not to solicit or attempt to solicit any of the Company’s clients or employees for the purpose of providing services that are competitive with those offered by the Company. This includes prohibitions against encouraging clients to terminate their relationship with the Company.
5.3 Non-Disparagement
Employee agrees not to make any disparaging statements or comments about the Company, its employees, or its business practices, either during or after the term of employment.
6. Termination
6.1 Termination by Company
The Company may terminate Employee’s employment at any time, with or without cause, subject to applicable laws and any severance benefits outlined in this Contract. Grounds for termination for cause include but are not limited to violation of Company policies, misconduct, or failure to perform duties satisfactorily.
6.2 Termination by Employee
Employee may terminate employment by providing 0] weeks’ written notice to the Company. Employee’s resignation will be considered final upon the expiration of the notice period.
6.3 Severance
In the event of termination without cause, Employee may be entitled to severance pay as outlined in the Company’s severance policy. The details of the severance package, if applicable, will be provided at the time of termination.
6.4 Return of Property
Upon termination of employment, Employee agrees to return all Company property, including but not limited to documents, equipment, and electronic devices. Failure to return Company property may result in deductions from final compensation.
7. Dispute Resolution
7.1 Arbitration
Any disputes arising under or related to this Contract shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in [City, State]. Both parties agree to share equally the costs of arbitration.
7.2 Legal Fees
In the event of arbitration or legal action, the prevailing party shall be entitled to recover reasonable attorney’s fees and costs incurred in connection with the dispute.
7.3 Mediation
Prior to arbitration, the parties agree to attempt to resolve any disputes through mediation, which shall be conducted in [City, State]. Mediation is a non-binding process, and either party may choose to proceed to arbitration if mediation is unsuccessful.
8. Miscellaneous
8.1 Entire Agreement
This Contract constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof. No other agreements, promises, or representations, other than those contained in this Contract, shall be binding.
8.2 Amendments
This Contract may be amended or modified only by a written agreement signed by both parties. Any waiver of a provision of this Contract must be in writing and signed by the party waiving the right.
8.3 Severability
If any provision of this Contract is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties agree to negotiate in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that most closely reflects the original intent.
8.4 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. Any legal actions arising from this Contract shall be brought in the state or federal courts located in [County, State].
8.5 Notices
All notices required under this Contract shall be in writing and shall be sent to the addresses set forth above or such other addresses as may be designated in writing. Notices may be delivered by hand, mailed via certified mail, or sent via email with confirmation of receipt.
8.6 Acknowledgment
Employee acknowledges that they have had the opportunity to review this Contract with legal counsel of their choice and have had the opportunity to ask questions and seek clarification on any provisions. Employee understands and agrees to all terms and conditions set forth in this Contract.
IN WITNESS WHEREOF, the parties hereto have executed this Marketing Employment Contract as of the day and year first above written.
[Your Company Name]
By:
[Your Name]
[Title]
[Month Day, Year]
Employee
By:
[Full Name]
[Month Day, Year]
