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Marketing Subcontractor Agreement Template for United States

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Key Requirements PROMPT example:

Marketing Subcontractor Agreement

"I need a Marketing Subcontractor Agreement for hiring a social media specialist to manage our company's LinkedIn and Twitter accounts, with specific performance metrics and the ability to terminate with 30 days' notice, starting March 1, 2025."

Document background
The Marketing Subcontractor Agreement serves as a critical document in the U.S. marketing industry, establishing clear parameters for outsourced marketing services. This agreement is particularly relevant when primary contractors need to engage specialized expertise or additional resources to fulfill client obligations. It addresses key aspects such as service scope, deliverables, payment terms, and intellectual property rights, while ensuring compliance with federal and state regulations. The document is essential for protecting both parties' interests and maintaining transparency in the contractual relationship, particularly important in the dynamic U.S. marketing landscape where subcontracting is common practice.
Suggested Sections

1. Parties: Identifies the contracting parties - the main contractor and subcontractor

2. Background: Context of the agreement and brief description of the business relationship

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of marketing services to be provided

5. Term and Termination: Duration of agreement and termination conditions

6. Compensation: Payment terms, rates, and invoicing procedures

7. Independent Contractor Status: Clarification of relationship between parties

8. Intellectual Property Rights: Ownership and usage rights of marketing materials

9. Confidentiality: Protection of sensitive information

Optional Sections

1. Non-Compete: Restrictions on working with competitors (use when protecting market position is crucial)

2. Data Protection: Handling of personal data and compliance requirements (use when handling customer data or operating in regulated markets)

3. Performance Metrics: Specific KPIs and performance standards (use when quantifiable results are essential)

4. Insurance Requirements: Required insurance coverage (use when services involve significant risk)

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of marketing activities and deliverables

2. Schedule B - Fee Schedule: Detailed pricing and payment terms

3. Schedule C - Brand Guidelines: Client's branding requirements and standards

4. Schedule D - Service Level Agreement: Performance standards and metrics

5. Appendix 1 - Compliance Requirements: Industry-specific regulatory requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Independent Contractor Classification: IRS guidelines defining the criteria for proper classification of independent contractors vs employees, crucial for subcontractor agreements

Fair Labor Standards Act (FLSA): Federal law establishing standards for wage and hour requirements, though primarily focused on employees, important for proper contractor classification

FTC Regulations: Federal Trade Commission regulations governing advertising and marketing practices, including truth-in-advertising requirements

CAN-SPAM Act: Federal law setting rules for commercial email practices and messages, crucial for email marketing activities

Americans with Disabilities Act (ADA): Federal law requiring accessibility considerations in digital marketing and web content

Copyright Act: Federal law protecting original works of authorship, crucial for marketing content creation and ownership

Trademark Law (Lanham Act): Federal law governing trademarks, service marks, and unfair competition in marketing materials

Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues and online content protection

California Consumer Privacy Act (CCPA): State law protecting California residents' privacy rights and data handling requirements

Children's Online Privacy Protection Act (COPPA): Federal law imposing requirements for collecting data from children under 13

General Data Protection Regulation (GDPR): EU privacy law with potential implications for US companies marketing to EU customers

State Labor Laws: Various state-specific regulations governing working relationships and contractor classifications

State Contract Laws: State-specific requirements for contract formation, enforcement, and interpretation

Industry-Specific Marketing Guidelines: Sector-specific regulations and guidelines governing marketing practices in particular industries

NAD Guidelines: Self-regulatory guidelines from the National Advertising Division for truth and accuracy in advertising

Platform-Specific Rules: Guidelines and requirements specific to different social media and marketing platforms

Uniform Commercial Code (UCC): Standardized state laws governing commercial transactions and contracts

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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