Toolkit: Plan, Launch, and Build

Social Media Consultant Agreement

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.



Social Media Consultant Agreement
View entire document as plain text
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

Documents are provided by DocStoc and are not a product of Businessweek editorial

U.S. Has Further to Go for Healthy Economy: Yellen Play

U.S. Has Further to Go for Healthy Economy: Yellen