Email Marketing Consent Form

EMAIL MARKETING CONSENT AND SERVICES AGREEMENT

Parties and Effective Date

This Agreement is entered into as of Effective Date: by and between:

Recitals

WHEREAS, the Service Provider is engaged in the business of planning, creating and distributing commercial electronic messages and related marketing services to promote goods or services; and

WHEREAS, the Client desires to engage the Service Provider to provide email marketing services under the terms and conditions set forth in this Agreement and to provide express consent to receive electronic marketing communications consistent with applicable law; and

WHEREAS, the parties intend that this Agreement memorialize consent, scope of services, payment and data-use limitations between them.

Scope of Work

The Service Provider shall perform the email marketing services described below. The parties may attach a separate statement of work as an addendum evidencing details such as campaign cadence, creative deliverables, list segmentation and reporting metrics.

Consent to Receive Marketing Communications

The Client provides affirmative, unambiguous consent to receive commercial electronic messages from the Service Provider for the Client's business or personal purposes indicated below. The consent covers messages concerning promotions, newsletters, updates, and transactional notices related to the services identified in this Agreement.

Client Contact Email for Marketing Communications:

I authorize the Service Provider to send marketing and promotional email communications to the contact email listed above. I understand that I may withdraw this consent at any time by providing written notice in accordance with the Notice section of this Agreement. I acknowledge that withdrawal of consent does not relieve the Client of any payment obligations for services already performed.

Consent: Client grants consent to receive email marketing communications

Data Use, List Ownership, and Compliance

The Client represents and warrants that any contact lists, third-party lists, and consent records provided to the Service Provider are lawfully obtained and suitable for commercial electronic messaging. Ownership of any mailing lists assembled by the Service Provider using Client-supplied data remains with the Client, except for proprietary templates, processes, and campaign analytics developed by the Service Provider.

The Service Provider shall implement commercially reasonable measures to comply with applicable statutes and industry standards governing commercial electronic messages, including providing a functional unsubscribe mechanism and honoring opt-out requests within a reasonable time. The Client acknowledges ultimate responsibility for legal compliance of message content and for maintaining accurate subscription and consent records.

Payment Terms

Invoices are due according to the Payment Schedule. Unpaid amounts shall accrue interest at the stated Late Payment Fee and the Client shall bear any collection costs, including reasonable attorneys' fees, incurred by the Service Provider to collect overdue amounts.

Term and Termination

Term Start Date:     Term End Date:

Either party may terminate this Agreement for convenience upon providing the Notice Period described above. Either party may terminate for cause if the other party materially breaches this Agreement and fails to cure such breach within 15 days after written notice specifying the breach. Termination shall not relieve the Client of payment obligations for services performed up to the effective date of termination.

Confidentiality

Each party shall hold confidential and not disclose to third parties any non-public proprietary information received from the other party in connection with this Agreement. Confidential information does not include information that (i) is or becomes publicly available through no fault of the receiving party, (ii) is rightfully received from a third party without restriction, or (iii) is independently developed without use of the disclosing party's confidential information. Upon termination, each party shall promptly return or destroy the other party's confidential materials, subject to any retention required by law.

Limitation of Liability

Except for liability arising from willful misconduct, gross negligence, or breaches of confidentiality, neither party shall be liable to the other for consequential, special, punitive or incidental damages. The Service Provider's total liability under this Agreement shall not exceed the fees paid by the Client to the Service Provider in the six (6) months preceding the claim.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the state indicated below. The parties shall attempt in good faith to resolve any dispute through negotiation. If resolution cannot be achieved within thirty (30) days, either party may pursue any remedy available under the governing law.

Entire Agreement

This Agreement, together with any attached statement(s) of work or addenda executed by the parties, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written. Any amendment must be in writing and signed by authorized representatives of both parties.

Notices

Notices required under this Agreement shall be in writing and delivered to the primary contact information provided above or to such other address as a party may designate by written notice. Notice is effective upon receipt.

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