The terms of service is as follows:

Summary

The purpose of this Marketing Consulting Agreement (“agreement”) is to clearly define and establish the expectations of the Client regarding services offered by the Consultant.

1. Consulting Services

(a) Subject to the terms and conditions of this agreement, Client retains Consultant as a marketing consultant advisor to perform the consulting services described in this document and in the attached Scope of Work Form.

Both this agreement and/or the attached Scope of Work Form may be changed or amended when necessary if mutually agreed upon by Client and Consultant.

(b)It is understood that the purpose of the consulting is to provide online and/or offline marketing services, marketing advice and/or management of marketing and promotion projects.

(c)The Client agrees to engage the services of Consultant to perform marketing related services for the Company as an independent contractor and not as an employee of the Client.

2. Term of On-Going Service

If applicable, Client agrees to pay Consultant any on-going management/maintenance fees for services described in the Scope of Work Form.

The term of this on-going management/maintenance agreement shall be for a period of [# Days/Weeks/Years] commencing on [Start Date]. This management/maintenance agreement may be terminated by either party by giving (30) days’ written notice to the other party.

3. Compensation

Client agrees to pay Consultant total fees for services rendered according to payment terms noted in the attached Scope of Work Form.

4. Expense Reimbursement

The Client agrees to reimburse Consultant for any applicable expenses incurred during the service agreement period that are directly related to rendering services described in the Scope of Work Form.

5. Restriction On Use Of Confidential Information

In the event that the Consultant and Client gain access to and become familiar with various trade secrets, including but not limited to formulas, techniques, know how, inventions, processes, and compilations of information, records, and specifications that are owned by either party and that are regularly used in the operation of the businesses of the Consultant and Client; during the term of engagement under this agreement both parties mutually agree that they shall not disclose any of these trade secrets, directly or indirectly, or use them in any way, either during the term of this agreement or at any later time, except as required in the course of both party’s engagement as set forth in this agreement.

6. Binding Arbitration

It is the intent of the parties that all disputes, controversies and claims between Consultant and Client concerning, relating to, stemming from or arising from this Agreement shall be fully, completely and finally resolved by binding arbitration between them.

7. Limitation of Liability

(a)In no event shall the Consultant, it’s employees, consultants, sub-contractors, agents, officers or directors be held liable for any indirect, incidental, consequential, punitive, special, exemplary damages or acts of omission incurred during the performance of services on the part of the Consultant, it’s employees, consultants, sub-contractors, agents, officers or directors.

(b)The Company shall hold the Consultant free and harmless from any obligations, costs, claims, judgments, attorneys’ fees, and attachments arising from or growing out of the services rendered to the Company pursuant to the terms of this agreement or in any way connected with the rendering of services, except when the same shall arise due to the willful misconduct or gross negligence of the Consultant and the Consultant is adjudged to be guilty of willful misconduct or gross negligence by a court of competent jurisdiction.

8. Your State Law Applies

This agreement is executed pursuant to, is intended to be performed according to interpretation of the laws of the State of [Your State].