This (the "Contract") is made effective as of , by and between , of , , , and , of , , .
has a background in social media marketing and is willing to provide services to based on this background.
desires to have services provided by .
Therefore, the parties agree as follows:
. DESCRIPTION OF SERVICES. Beginning on , will provide the following services (collectively, the "Services"):
. PERFORMANCE OF SERVICES.
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| a. | shall implement social media plans and strategies that help sell its products or services. |
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| b. | shall conduct research to understand consumer behavior and what motivates consumers' purchase of a product. shall use that research to design approaches specific to 's needs. |
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| c. | shall interact with the sales and product teams to determine the social media marketing strategy. |
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| d. | shall monitor social media conversations and own community engagement on 's various social media accounts (e.g. Facebook, LinkedIn, Instagram, Twitter, etc.). |
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| e. | shall measure web traffic, monitor social media metrics, and suggest content optimization. |
The manner in which the Services are to be performed and the specific hours to be worked by shall be determined by . will rely on to work as many hours as may be reasonably necessary to fulfill 's obligations under this Contract.
. RELATIONSHIP OF PARTIES. It is understood by the parties that is an independent contractor with respect to , and not an employee of . will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of .
personally holds an interest in the Intellectual Property that is described on the attached Exhibit A and which is not subject to this Contract. . NOTICES. All notices required or permitted under this Contract shall be in writing and shall be deemed delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
IF for :
,
IF for :
,
Such address may be changed from time to time by either party by providing written notice to the other in the manner set forth above.
. ENTIRE CONTRACT. This Contract contains the entire contract of the parties and there are no other promises or conditions in any other contract whether oral or written. This Contract supersedes any prior written or oral contracts between the parties.
. AMENDMENT. This Contract may be modified or amended if the amendment is made in writing and is signed by both parties.
. SEVERABILITY. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
. APPLICABLE LAW. This Contract shall be governed by the laws of the .
. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
. SIGNATORIES. This Contract shall be signed on behalf of by and on behalf of by and effective as of the date first written above.