Letter of Agreement
for Marketing and Consulting Services
Date:___________________________ 
TO:
AWhiteHorse.com™
6703 22nd Drive NE
Tulalip, WA 98271
360-651-1073 
ssmayer@hotmail.com
FROM:
_____________________________ 

_____________________________ 

_____________________________ 

(Phone) _____________________ 

(email) ______________________ 
Letter of Agreement
for Business Planning, Marketing, and Site Maintenance Services
Date:___________________________ 
TO:
6703 22nd Drive NE
Tulalip, WA 98271
360-651-1073 
ssmayer@hotmail.com
FROM:
_____________________________ 

_____________________________ 

_____________________________ 

(Phone) _____________________ 

(email) _____________________
This letter specifies the entirety of our agreement for business planning and marketing services. I understand that you are an independent contractor legally able to enter into such an agreement, that the agreement will be governed by the laws of the State of ______________, and that all copyright and intellectual property rights of any materials you create for me will reside with me. I further understand that although you offer professional business planning and marketing advice you cannot guarantee that I or my business will meet my or its marketing objectives. 

Making money in Internet ventures requires constant attention to business planning, marketing, and promotion. Therefore, with this letter I am hiring you to perform the following services: 

BUSINESS PLANNING, MARKETING AND SITE MAINTENANCE SERVICES

I have placed check marks in the blanks adjacent to the services I would like you to perform. 

__ Modify or maintain an existing Web Site. I hereby authorize you to access the files in my directory or in the cgi-bin directory on the server of my Internet access provider. My user name is ________________. My password is _______________. My login phone number is ___________________________. 

__ Consult as a business planner for an existing or proposed World Wide Web site. 

__ Create an Internet marketing strategy for a World Wide Web site. 

__ Execute an Internet online marketing strategy. 

__ Create a media plan for use in traditional (paper, TV, and radio) media. 

__ Execute a media plan (see "Press/Promotional Packets," below). 

__ Other. ________________________________________________________ 

________________________________________________________

I understand that I will pay a rate of $___/hour plus disbursements and expenses for creative and consulting services and that you will bill me monthly. The term for which I am hiring you is as follows: 

_________________________________________________________

_________________________________________________________
I will pay all invoices within 15 days of receipt. I understand and agree that failure to pay within 15 days of receipt will incur a 5% per month surcharge on balance due where permitted by law. 

PRESS/PROMOTIONAL PACKETS

Sometimes executing a media plan involves more than creating and mailing press releases. Businesses often derive enormous benefit from distributing professionally designed and printed press/promotional packets. 

With this in mind, in addition to the above-mentioned services, I have placed check marks in the blanks adjacent to the services I am hiring you to do. 

__ Create a press/promotional packet (a "PACKET"), including: 

__ Brochure. 

__ Paper catalog

__ Press releases. 

__ Backgrounder. 

__ Suggested media questions. 

__ Captioned photos. 

__ Other. 

I understand that you will supply me with itemized estimates of your fees and of costs for materials, desktop publishing, printing, and outside labor and computer costs. You will give me the estimate prior to beginning work on any PACKET. If I then choose to proceed with the PACKET, I will have three options for payment:

(a) I can issue you a check equaling the full amount of that estimate. I will issue the check in advance of asking you to commence work. At the conclusion of your work on any PACKET you will present me with an itemized accounting of disbursements and allocations. If a refund is due me, you will pay me within 15 days of presentation of the itemized accounting. If additional money is due you, I will pay you within 15 days of when you issue a bill for the additional money due. If either of us is delinquent in our payments to the other, the delinquent party will incur a 5% surcharge per month on balance due where permitted by law. 

(b) I can issue you a check equaling half of the estimate. I understand that if I elect this option (b) that you will mark-up by 15% all costs incurred by you for materials, desktop publishing, printing, outside labor, and computers. In advance of asking you to commence work I will issue you a check equaling your estimate plus the 15% mark-up. At the conclusion of your work on any PACKET you will present me with an itemized accounting of disbursements and allocations and with a bill for the remainder due. I will pay you the money due within 15 days of when you issue a bill. If I am delinquent in my payment to you, I will incur a 5% surcharge per month on balance due where permitted by law. 

(c) You and I can agree to a firm price on the PACKETS of your estimate plus 30%. I will then issue you a check equaling half of the firm price and agree to pay you the remainder upon your delivery to me of the PACKETS.

Once I have reviewed your estimate, I will indicate which of these three options (a, b, or c) I elect. I will indicate my choice by inscribing my initials on this letter next to the appropriate paragraph (a, b, or c) and inscribing the date on which I indicated my election next to my initials. You will indicate your acceptance of my election by inscribing your initials next to mine and inscribing the date next to your initials. 

I will be supplying you with many of the materials you will use to fulfill the terms of this agreement. I affirm that I am the full copyright owner of such materials or that I have obtained proper permission from the copyright owner(s) for use of such materials. I will indemnify you and hold you harmless against any claims of libel, copyright, or trademark infringement brought against you with respect to your use of those materials. 

You are authorized to enter into contracts with third parties to carry out the purposes of this agreement, and you shall be primarily liable to those parties for payment due thereunder. You shall exert a good faith effort to prevent any loss to me resulting from failure of proper performance by those third parties, but you shall not be liable to me by reason of any default of those third parties or other parties who are not your employees. 

Either you or I may terminate this contract by giving written notice to the other party. If notice of termination is given by me, you shall not commence new work but shall complete any work previously approved by me and I shall be responsible for and shall pay within 30 days of invoice all fees for such work and for any third-party obligations incurred by you on my behalf prior to termination. If notice of termination is given by you, I shall have the option of electing to have you complete any work previously approved by me and I shall be responsible for and shall pay within 30 days of invoice all fees for any work completed by you for me and for any third-party obligations incurred by you on my behalf prior to termination. If I am delinquent in my payment to you, I will incur a 5% surcharge per month on balance due where permitted by law. 

This letter contains the entire agreement between you and me. The agreement shall not be modified unless done in writing and signed by both of us. The failure of either you or I to object to or take affirmative action with respect to any transgressions of this Agreement shall not be construed as a waiver of either of our rights to take such affirmative action. 

I understand that until I pay your fees in full you will remain full owner of the copyright and intellectual property rights embodied in any materials created by you on my behalf. Once I have paid you the full PRICE, all such rights will be automatically transferred to me. 

Sincerely, 
 

(authorized signature) 

___________________________
Date
Understood and agreed to: 
AWhiteHorse.com™
6703 22nd Drive NE
Tulalip, WA 98271
360-651-1073 
ssmayer@hotmail.com
ssmayer@hotmail.com
By _______________________________________________ 

___________________________Date