Marketing Vendor Qualification

Marketing Vendor Qualification

A. Identification

Client Name:   Evaluation Date:

B. Corporate and Tax Information

Federal Tax ID / EIN:   Year Established:

Corporation   LLC   Partnership   Sole Proprietor   Other:

C. Insurance & Financial Capacity

General Liability Coverage Limit:   Professional Liability Limit:

D. Services & Capabilities

Select service categories offered (check all that apply):

Creative Development   Social Media Management   Paid Media / Ad Buying   Influencer Marketing   Content Production (video/photo)   Public Relations   Analytics & Measurement  

SEO/Organic Search   Email & CRM Marketing   Event Marketing   Graphic / UX Design

E. Clients & References

Provide three recent client references for comparable services.

F. Pricing, Payment & Remittance

Standard billing terms: Vendor represents that the fees set forth below are accurate and will apply to engagements unless otherwise agreed in writing.

G. Legal & Compliance Declarations

By signing this form the Vendor certifies the following statements are true and correct to the best of Vendor's knowledge and belief:

1. Compliance with Law: Vendor will comply with all applicable laws, regulations and industry standards in performing services, including advertising, privacy, data protection, consumer protection, and employment laws.

2. Anti-Bribery and Conflicts: Vendor has not and will not engage in any activity that would constitute bribery, improper gifts, or any conflict of interest in connection with Client engagements.

3. FTC Disclosure Compliance: Vendor understands and agrees that any endorsements, influencer content, or sponsored communications will include clear and conspicuous disclosures required by consumer protection rules so that the audience can readily identify material connections.

4. Data Security & Privacy: Vendor maintains commercially reasonable administrative, physical and technical safeguards to protect Client data and will not use or disclose Client data except as necessary to perform services or as authorized in writing.

Advertising law compliant   Data security practices in place   Maintains required insurance coverage   No known conflicts of interest

H. Intellectual Property & Usage Rights

Vendor acknowledges that unless otherwise agreed in a subsequent statement of work or master services agreement, Client will receive a perpetual, non-exclusive, worldwide license to use deliverables for Client's business purposes. Vendor represents that all deliverables will be original or properly licensed and that Vendor has authority to grant the rights described.

Vendor retains ownership of pre-existing materials and underlying tools, but grants Client a license to any pre-existing materials incorporated into deliverables to the extent necessary for Client to use the deliverables.

I. Exclusivity, Termination & Kill Fee

Exclusivity: Unless expressly agreed in writing, Vendor is not required to provide exclusive services to Client. Any exclusivity commitment must be documented in a separate written agreement setting forth scope, duration and compensation.

Termination: Either party may terminate an engagement for convenience upon thirty (30) days' written notice to the other party. Termination for cause may be immediate where there is a material breach that is not cured within ten (10) days after written notice.

Kill Fee: If an SOW or campaign is cancelled after work has commenced, Vendor may invoice for reasonable costs incurred and a pro rata fee equal to the greater of (a) completed work value, or (b) twenty percent (20%) of the remaining unearned fees, unless otherwise agreed in writing.

J. Indemnity & Limitation

Indemnity: Vendor agrees to defend, indemnify and hold harmless Client and its officers, directors and employees from and against any third-party claims arising out of Vendor's negligence, willful misconduct, breach of representations, or infringement of third-party IP in the provision of services.

Limitation of Liability: Except for liabilities arising from willful misconduct or Vendor's breach of confidentiality and IP indemnity, each party's aggregate liability for direct damages shall be limited to fees paid to Vendor under the specific SOW that gave rise to the claim.

K. Audit Rights & Recordkeeping

Vendor will maintain records necessary to verify compliance with this form and any subsequent agreements for a period of three (3) years and will allow Client reasonable access, upon prior notice, to inspect such records during normal business hours.

L. Additional Representations

Vendor represents and warrants that the information provided in this Marketing Vendor Qualification form is true, complete and not misleading. Vendor agrees to promptly notify Client of any material change to the information supplied herein.

M. Signature and Certification

The undersigned authorized representatives certify that they have the authority to bind their respective parties and that the statements and representations contained in this Marketing Vendor Qualification form are accurate as of the date of signature.

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