Marketing Services Agreement | maxCEOS Digital

Summary: What You’re Agreeing To

At maxCEOS Digital, we believe in clarity, confidence, and strong partnerships. This Marketing Services Agreement outlines how we work with you - our valued client - to deliver high-performance marketing solutions. It defines what’s included in your services, how payments and ownership work, and what you can expect from us (and what we expect from you). There are no surprises, just clear boundaries that help ensure a professional and successful working relationship. If you have any questions, don’t hesitate to reach out.

GENERAL MARKETING SERVICES AGREEMENT

This General Marketing Services Agreement (the "Agreement") is entered into by and between maxCEOS Digital, LLC ("Company"), and the client identified in the associated invoice, proposal, or scope of work ("Client"). This Agreement governs the marketing services provided by Company to Client.

1. SERVICES

Company agrees to provide marketing services as outlined in the agreed-upon proposal or scope of work ("SOW"). The SOW may include strategy, design, advertising, branding, automation, digital asset creation, copywriting, web development, SEO, email marketing, campaign management, and other related services. Services are rendered on a tiered or project basis as agreed upon. Any change to the scope must be agreed to in writing.

2. TERM & TERMINATION

This Agreement shall remain in effect for the term outlined in the SOW or for one month if on a monthly tier, and will auto-renew unless either party provides written notice of non-renewal at least 10 days prior to the renewal date. Either party may terminate with written notice if the other materially breaches the Agreement and fails to cure such breach within 10 days of notice.

3. FEES & PAYMENT

Client agrees to pay Company according to the rates outlined in the SOW. Payments are due upfront or on the schedule agreed to. Late payments may result in paused work or additional fees. All payments are non-refundable once work has commenced.

4. CLIENT RESPONSIBILITIES

Client agrees to provide timely access to necessary materials, approvals, logins, and information. Delays by Client may impact timelines. Client acknowledges that marketing performance depends on many factors and no guarantees are made.

5. OWNERSHIP & LICENSE

All deliverables produced by Company will remain Company property until payment is received in full. Upon full payment, Client receives a non-exclusive, royalty-free license to use the deliverables for business purposes. Company retains rights to display work in portfolios unless otherwise agreed.

6. CONFIDENTIALITY

Both parties agree to keep all proprietary information confidential. This includes marketing strategies, pricing, and business operations.

7. INDEPENDENT CONTRACTOR

Company is an independent contractor and not an employee, partner, or agent of Client. Client has no authority to bind Company, and vice versa.

8. DISCLAIMERS

Company does not guarantee specific results. Marketing outcomes may vary based on factors beyond Company’s control. Client accepts full responsibility for business decisions and actions resulting from marketing services.

9. LIMITATION OF LIABILITY

Company’s total liability is limited to the amount paid by Client for the services in the three months prior to the claim. Company is not liable for indirect, incidental, special, or consequential damages.

10. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Alabama. Any legal action must be brought in Baldwin County, Alabama.

11. ENTIRE AGREEMENT

This Agreement, including any SOWs or attached addenda, constitutes the full agreement between the parties. No oral representations or agreements are binding unless in writing and signed by both parties.

12. CHANGES

Company reserves the right to modify this Agreement with written notice. Continued use of services after notice constitutes acceptance.

IN WITNESS WHEREOF, this Agreement is made effective upon Client's acceptance of services, payment, or signature, whichever occurs first.

Last updated: April 2025