Business Growth Agreement

BUSINESS GROWTH AGREEMENT

This Business Growth Agreement (the "Agreement") is entered into as of Effective Date: between Service Provider Name: with principal place of business at Service Provider Address: and Client Name: with principal place of business at Client Address: .

RECITALS

WHEREAS, Service Provider has expertise in business strategy, customer acquisition, marketing operations, and revenue optimization and offers professional services designed to accelerate growth for commercial enterprises; and

WHEREAS, Client desires to engage Service Provider to provide business growth services described herein on the terms and conditions set forth in this Agreement; and

WHEREAS, the parties desire to reduce their understanding to writing and to establish the scope, payment terms, confidentiality obligations, and other contractual provisions governing their relationship.

SCOPE OF WORK

Service Provider shall perform the services and deliverables described below. Services shall include strategy development, campaign implementation, lead generation, conversion optimization, analytics reporting, and other activities reasonably necessary to achieve the objectives agreed by the parties.

PAYMENT TERMS

Client shall pay Service Provider for the services as set forth below. All payments are due in U.S. dollars unless otherwise agreed in writing.

Late payments shall accrue interest at the rate of percent per month (or the maximum rate permitted by applicable law, if lower) on any unpaid balance thirty (30) days after the invoice date. Client shall also reimburse Service Provider for reasonable collection costs, including attorneys' fees.

TERM AND TERMINATION

The term of this Agreement shall commence on Start Date: and shall continue until End Date: unless earlier terminated pursuant to this Section.

Either party may terminate this Agreement without cause upon written notice to the other party delivered at least days prior to the effective termination date. Either party may terminate for material breach if the breaching party fails to cure such breach within thirty (30) days after receipt of written notice of the breach.

CONFIDENTIALITY

During the term of this Agreement and for a period of three (3) years thereafter, each party shall hold in strict confidence and not disclose to any third party any Confidential Information of the other party. "Confidential Information" means nonpublic information disclosed in connection with this Agreement that is designated confidential or that, given the nature of the information, a reasonable person would understand to be confidential.

Confidential Information does not include information that: (a) is or becomes generally available to the public without breach of this Agreement; (b) is rightfully received from a third party without restriction; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is required to be disclosed by law or regulation, provided the receiving party gives prompt written notice to the disclosing party to allow for protective measures.

INTELLECTUAL PROPERTY; WORK PRODUCT

Unless otherwise agreed in writing, Service Provider grants Client a nonexclusive, nontransferable license to use deliverables provided under this Agreement solely for Client's internal business purposes. Service Provider retains ownership of preexisting methodologies, templates, tools, and intellectual property. To the extent that any deliverable would be considered a work made for hire, Service Provider hereby assigns to Client all right, title and interest in such deliverable upon full payment of all fees due.

INDEMNIFICATION

Each party shall indemnify, defend and hold harmless the other party from and against any damages, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of claims resulting from the indemnifying party's breach of representations, warranties, or obligations under this Agreement, or from the indemnifying party's gross negligence or willful misconduct.

LIMITATION OF LIABILITY

EXCEPT FOR LIABILITY ARISING FROM A PARTY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNTS PAID OR PAYABLE BY CLIENT TO SERVICE PROVIDER UNDER THIS AGREEMENT IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

GOVERNING LAW; DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to its conflict of law principles. The parties shall attempt in good faith to resolve any dispute arising under this Agreement by negotiation between senior representatives. If a dispute is not resolved by negotiation within sixty (60) days, either party may pursue any remedies available under applicable law.

ENTIRE AGREEMENT; AMENDMENT

This Agreement, including any exhibits or attachments executed by the parties, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings and representations. Any amendment or modification of this Agreement must be in writing and signed by authorized representatives of both parties.

NOTICES

All notices under this Agreement shall be in writing and delivered to the addresses set forth at the beginning of this Agreement or to such other address as either party may specify in writing. Notice is effective upon receipt.

MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The parties are independent contractors and nothing in this Agreement shall create a partnership, joint venture, agency or employment relationship. Neither party may assign this Agreement without the prior written consent of the other party, except to a successor in interest in connection with a merger or sale of substantially all assets.

Sign Now