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This is an agreement between a consultant and a company or individual for social media consultation services. The consultant is hired to provide the company with their best advice, information, judgment, and knowledge pertaining to mass exposure on social media websites. In addition, this agreement can be customized to include the specific duties or services the consultant will provide. This agreement can be used by small businesses or other entities that want to hire a consultant to help manage and market their social media accounts.
This is an agreement between a consultant and a company or individual for social media consultation services. The consultant is hired to provide the company with their best advice, information, judgment, and knowledge pertaining to mass exposure on social media websites. In addition, this agreement can be customized to include the specific duties or services the consultant will provide. This agreement can be used by small businesses or other entities that want to hire a consultant to help manage and market their social media accounts. CONSULTING AGREEMENT THIS CONSULTING AGREEMENT (“Agreement”) is made and entered into as of the ___ day of _____, 20__, [Instruction: Insert date.] by and among _____ [Instruction: Insert company name.], a _____ [Instruction: Insert company formation information.] (“Company”), and _____ [Instruction: Insert consultant’s name.] (“Consultant”). WITNESSETH: WHEREAS, Consultant is recognized as having expertise in the area of social media relations and consulting; and WHEREAS, the Company desires to retain Consultant to provide services related to and in support of efforts in which Consultant has expertise; and WHEREAS, Consultant is in the business of providing such consulting services and has agreed to provide the services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of this Agreement and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Consultant shall furnish the Company with his best advice, information, judgment and knowledge with respect to the services related to and in support of efforts in which Consultant has expertise which is to be provided in accordance with this Agreement. Specifically, Consultant shall _____. [Comment: Insert specific duties Consultant shall have under Agreement.] These tasks include, but are not limited to, assisting with the development of a social media strategy, coaching on best practices for leveraging social media technologies, and the development of tools and resources to measure success in using social media tools. The Consultant shall set his own general hours of work and shall provide his own workspace, office equipment and computer equipment to perform the services hereunder, the Company being interested only in Consultants timely and full completion of tasks assigned. 2. The Consultant agrees to keep Company advised as to Consultant’s progress in performing the services hereunder and the Consultant will, as requested by the Company, prepare written reports with respect thereto. The time required to prepare any such written reports will be considered time devoted to the performance of the services hereunder. 3. The term of this Agreement shall begin on _____ [Instruction: Insert commencement date.] and shall, subject to the provisions for termination set forth herein, continue until and terminate on _____ [Instruction: Insert termination date.]. 4. For all services that Consultant renders to the Company or any of its subsidiaries or affiliates during the term hereof, the Company will pay Consultant ___________ ($___) dollars. Company shall pay such amount within thirty (30) calendar days of receipt of any invoice from Consultant. [Instruction: Insert applicable payment agreement, including any revision to the hours/days of services. Parties may also wish to consider whether or not such payment includes work for any of Company’s subsidiaries or affiliates, or just Company and make necessary appropriate changes.] Late payments by Company shall be subject to late penalty fees of © Copyright 2013 Docstoc Inc. 2 ___________ (_____%) percent [Instruction: Insert number.] per month from the due date until the amount is paid. 5. [Optional: If expenses are to be paid, same should be carefully set forth in this paragraph. See the remainder of the paragraph for sample expense language (this particular language is from an agreement for advertising services, but can be tailored to any other industry).] Company also agrees to pay Consultant’s fees for all third party charges incurred on Company’s behalf at our net cost. Company shall reimburse Consultant for all travel expenses, including but not limited to hotels, meals, etc., in connection with servicing Company’s account. Such reimbursement shall not be limited to the above, and may include special services and charges originated on Company’s behalf by Consultant, incurred in servicing Company’s account. 6. In view of the Consultant’s access to the Company's confidential information (“Confidential Information”), the Consultant further agrees that the Consultant will not, without Company's prior written consent, design, write, develop or otherwise create, directly or indirectly, any software or computer code that is similar in any way to that provided, developed, modified or otherwise tested and maintained under this Agreement for any third party during the term of this Agreement and for a period of two (2) years after the termination of this Agreement. Except as specifically authorized by the Company, the Consultant will not for two (2) years after the termination of this Agreement: (i) request or advise any supplier, customer or other person, firm, partnership, association, corporation or business organization, entity or enterprise having business dealings with the Company or any subsidiary or affiliate of the Company to withdraw, curtail or cancel such business dealings; or (ii) induce or attempt to influence any employee or consultant of the Company or any subsidiary or affiliate of the Company to terminate his or her employment or consulting relationship with the Company or such subsidiary or affiliate. “Confidential Information” means information in any form, not generally known to the public, disclosed to or acquired by the Consultant directly or indirectly from the Company or any clients, customers, business partners or affiliates of the Company during the term hereof, including, without limitation: (i) information relating to the research, developments, systems, operations, clients, customers, and business activities and business plans and planning of the Company; (ii) information received from any clients, customers, business partners or Affiliates of the Company; (iii) information specifically designated by the Company as confidential; and, (iv) information relating to the Company’s products, including software products, and all computer code relating to such products, and specifically to include all computer code disclosed to or developed by the Consultant during the term hereof. The Consultant agrees not, at any time, to disclose any Confidential Information to any person not an employee or recognized consultant of the Company, nor will the Consultant use Confidential Information for any purpose other than as required to perform his services hereunder. Further, the Consultant agrees not, at any time, or in any way, to take or reproduce Confidential Information unless required by the Company for the Consultant to perform services hereunder. The Consultant will, upon the termination hereof, return to the Company all Confidential Information in his possession or under his control whether such Confidential Information. The Consultant hereby acknowledge and agree that all original works of authorship, inventions, developments, improvements, or trade secrets, including computer code, which are or shall be created by the Consultant, solely or © Copyright 2013 Docstoc Inc. 3 jointly with others, during the term of or within the scope of this engagement, whether protectable by copyright or patent, are/shall be “works made for hire” as that term is defined in the United States Copyright Act (17 U.S.C. Section 101), and shall be owned exclusively by the Company. Consultant shall promptly disclose to the Company, shall hold in trust for the sole right and benefit of the Company, and shall assign to the Company all his right, title and interest in and to, such works of authorship, inventions, developments, improvements, or trade secrets, including computer code. The Consultant hereby agrees to timely and fully cooperate with the Company, including providing signatures and testimony, to protect such works of authorship, inventions, developments, improvements, or trade secrets, including computer code, under applicable foreign and domestic patent and copyright laws, and from unauthorized use by third parties. i. In the event Consultant shall violate or threaten to violate the Confidential Information and intellectual property provisions of this Agreement, damages at law will be an insufficient remedy and the Company shall be entitled to equitable relief including but not limited to injunction, monetary damages, punitive damages, and specific liquidated damages in the amount of __________ ($_____) dollars [Instruction: Insert dollar amount.] for disclosure of such information and/or for unauthorized use of such information. In addition, other remedies or rights available to the Company and no bond or security will be required in connection with such equitable relief. ii. The existence of any claim or cause of action that Consultant may have against the Company will not at any time constitute a defense to the enforcement by the Company of the restrictions or rights provided herein, but the failure to assert such claim o
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