Employment Agreement with Digital Account Manager
Employment agreement made ______________ (date) , between __________________ (Name
of Employer) , a corporation organized and existing under the laws of the state of
______________ (name of state) , with its principal office located at ________________
________________________________ (street address, city, state, zip code) , referred to herein
as Employer, and _____________________ (Name of Employee) , of ___________
_________________________________ (street address, city, state, zip code) , referred to herein
as Employee.
Whereas, Employer is engaged in the business of Digital Marketing , and maintains an office at
__________________________________________ (street address, city, state, zip code) ; and
Whereas, Employee has been engaged as a Digital Account Manager and has had a sufficient
amount of experience in the above-designated marketing field; and
Whereas, Employee is willing to be employed by Employer, and Employer is willing to employ
Employee, on the terms, covenants, and conditions set forth in this Agreement;
Now, therefore, for and in consideration of the mutual covenants contained in this agreement,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
I. EMPLOYMENT
A. Employer employs, engages, and hires Employee as a Digital Account Manager
and Employee accepts and agrees to such hiring, engagement, and employment, subject
to the general supervision and pursuant to the orders, advice, and direction of Employer.
B. Employee, as Digital Account Manager, shall satisfactorily manage the needs and
expectations of Employer’s digital clients as well as provide strategic leadership for the
Employer’s research and implementation teams in such offices to which Employee is
assigned. Employee shall help the customers of Employer manage their citations
campaigns, along with coordinating the management of reporting, data analysis and
quality assurance of customers. Employee agrees to work with a team of digital data
experts and fulfillment teams to gain new customers for the proprietary solutions of
Employer.
C. Employee shall perform such other duties as are customarily performed by
one holding such position in other, same, or similar businesses or enterprises as that
engaged in by Employer, and shall also additionally render such other and unrelated services and
duties as may be assigned to him from time to time by Employer.
II. BEST EFFORTS OF EMPLOYEE. Employee agrees that he will at all times faithfully,
industriously, and to the best of his ability, experience, and talents, perform all of the duties that
may be required of and from him pursuant to the express and implicit terms of this Agreement, to
the reasonable satisfaction of Employer. Such duties shall be rendered at
________________________________________ (address of employment) , and at such other
place or places as Employer shall in good faith require or as the interest, needs, business, or
opportunity of Employer shall require.
III. TERM OF EMPLOYMENT. The term of this Agreement shall be a period of one year,
commencing on ________________ ( date) , and terminating on ______________ (date) , subject,
however, to prior termination as provided in this Agreement. At the expiration date of
__________________ (date) , this Agreement shall be considered renewed for regular periods of
one year, provided neither party submits a notice of termination.
IV. COMPENSATION OF EMPLOYEE . Employer shall pay Employee, and Employee
shall accept from Employer, in full payment for Employee's services under this Agreement,
compensation at the rate of $ _____________ per hour, payable ( e.g., twice a month)
________________ on the ________ (number) and ______ (number) days of each month while
this Agreement shall be in force. Employer shall reimburse Employee for all necessary expenses
incurred by Employee while traveling pursuant to Employer's directions.
V. OTHER EMPLOYMENT. Employee shall devote all of his time, attention, knowledge,
and skills solely to the business and interest of Employer, and Employer shall be entitled to all of
the benefits, profits, or other issues arising from or incident to all work, services, and advice of
Employee, and Employee shall not, during the term of this Agreement, be interested directly or
indirectly, in any manner, as partner, officer, director, shareholder, advisor, Employee, or in any
other capacity in any other business similar to Employer's business or any allied trade; provided,
however, that nothing contained in this section shall be deemed to prevent or to limit the right of
Employee to invest any of his money in the capital stock or other securities of any corporation
whose stock or securities are publicly owned or are regularly traded on any public exchange, nor
shall anything contained in this section be deemed to prevent Employee from investing or limit
Employee's right to invest his money in real estate.
VI. EMPLOYEE'S INABILITY TO CONTRACT FOR EMPLOYER. In spite of
anything contained in this Agreement to the contrary, Employee shall not have the right to make
any contracts or commitments for or on behalf of Employer without first obtaining the express
written consent of Employer.
VII. AGREEMENTS OUTSIDE OF CONTRACT. This Agreement contains the complete
Agreement concerning the employment arrangement between the parties and shall, as of the
effective date of this Agreement, supersede all other Agreements between the parties. The parties
stipulate that neither of them has made any representation with respect to the subject matter of
this Agreement or any representations including the execution and delivery of this Agreement
except such representations as are specifically set forth in this Agreement, and each of the parties
acknowledges that the party has relied on its own judgment in entering into this Agreement. The
parties further acknowledge that any payments or representations that may have been made by
either of them to the other prior to the date of executing this Agreement are of no effect and that
neither of them has relied on such payments or representations in connection with the party's
dealings with the other.
VIII. VACATION. Employee shall be entitled to ________ (number) days of paid vacation
each year during the term of this Agreement, the time for such vacation to be determined by
mutual Agreement between Employer and Employee; provided, however, Employee may not
take more than two consecutive weeks of vacation.
IX. MODIFICATION OF AGREEMENT. Any modification of this Agreement or
additional obligation assumed by either party in connection with this Agreement shall be binding
only if evidenced in writing signed by each party or an authorized representative of each party.
X. TERMINATION
A. This Agreement may be terminated by either party on ________ (number) days'
written notice to the other. If Employer shall so terminate this Agreement, Employee
shall be entitled to compensation for ________ (number) days.
B. In the event of any violation by Employee of any of the terms of this
Agreement, Employer may terminate employment without notice and with
compensation to Employee only to the date of such termination.
C. It is further agreed that any breach or evasion of any of the terms of this
Agreement by either party will result in immediate and irreparable injury to the other
party and will authorize recourse to injunction and or specific performance as well as to
all other legal or equitable remedies to which such injured party may be entitled under this
Agreement.
XI. TERMINATION FOR DISABILITY
A. In spite of anything in this Agreement to the contrary, Employer has the option to
terminate this Agreement if Employee shall, during the term of this Agreement, become
permanently disabled as the term permanently disabled is fixed and defined in this
Section. Such option shall be exercised by Employer giving notice to Employee by
registered mail, addressed to him in care of Employer at
________________________________________ (street address, city, state, zip code) , or
at such other address as Employee shall designate in writing of Employer's intention to
terminate this Agreement on the last day of the month during which such notice is
mailed. On the giving of such notice, this Agreement shall cease on the last day of the
month in which the notice is so mailed, with the same force and effect as if such last day
of the month were the date originally set forth in this Agreement as the termination date
of this Agreement.
B. For the purposes of this Agreement, Employee shall be deemed to have become
permanently disabled, if, during any year of the term of this Agreement, because of ill
health, physical or mental disability or for other causes beyond Employee's control he
shall have been continuously unable or unwilling or shall have failed to perform his
duties under this Agreement for _______ (number) consecutive days, or if, during any
year of the term of this Agreement, Employee shall have been unable or unwilling or
shall have failed to perform his duties for a total period of ______ (number) days,
irrespective of whether or not such days are consecutive. For the purposes of this
Agreement, the term "any year of the term of this Agreement" is defined to mean any 12-
calendar-months period commencing on _______________ ( date) , and terminating on
_____________ (date) , during the term of this Agreement.
XII. NONCOMPETITION. On termination of this Agreement, Employee agrees that he will
not engage in digital marketing within a radius of _______ (number) miles from any office of
Employer, for a period of _______ (number) years. Employee agrees that this noncompetition
section is necessary to protect Employer's business, and that Employee's violation of this section
would result in irreparable harm to Employer. If Employee breaches this section, Employer shall
be entitled to injunctive relief in addition to any other remedies legally available. This section
shall survive termination of this Agreement.
XIII. CONFIDENTIALITY. Employee further agrees that he will not at any time, either
directly or indirectly, communicate to any person, firm, corporation or public entity, in any
manner whatsoever, any information concerning any matters affecting or relating to the business,
records or other business data of Employer. This Agreement is made without regard to whether
any or all of the data gathered by Employee would be deemed confidential, material or
important. The parties stipulate that as between them, all data and information arising from
Employee’s employment with Employer are important, confidential, material and affect the
successful conduct of the business of Employer and its good will.
XIV. SEVERABILITY. The invalidity of any portion of this Agreement will not and shall not
be deemed to affect the validity of any other provision. If any provision of this Agreement is held
to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force
and effect as if they had been executed by both parties subsequent to the expungement of the
invalid provision.
XV. NO WAIVER. The failure of either party to this Agreement to insist upon the performance
of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the
terms and conditions of this Agreement, shall not be construed as subsequently waiving any such
terms and conditions, but the same shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.
XVI. GOVERNING LAW. This Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of _________________ (name of state) .
XVII. NOTICES. Unless provided herein to the contrary, any notice provided for or
concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent
by certified or registered mail if sent to the respective address of each party as set forth at the
beginning of this Agreement.
XVIII. MANDATORY ARBITRATION. Any dispute under this Agreement shall be required
to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an
arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The
third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the
rules of the American Arbitration Association then in force and effect.
XIX. ENTIRE AGREEMENT. This Agreement shall constitute the entire Agreement
between the parties and any prior understanding or representation of any kind preceding the date
of this Agreement shall not be binding upon either party except to the extent incorporated in this
Agreement.
XX. COMPLIANCE WITH LAWS. In performing under this Agreement, all applicable
governmental laws, regulations, orders, and other rules of duly-constituted authority will be
followed and complied with in all respects by both parties.
WITNESS our signatures as of the day and date first above stated.
_______________________________
(Name of Employer)
___________________________ By: _________________________
(P rinted Name of Employee) (P rinted Name & Office in Corporation)
___________________________ ____________________________
(Signature of Employee) (Signature of Officer)