MARKETING & ADVERTISING SERVICES AGREEMENT
(Massachusetts Jurisdiction)
1. DOCUMENT HEADER
This Marketing & Advertising Services Agreement (this "Agreement") is entered into as of [EFFECTIVE DATE] by and between [CLIENT LEGAL NAME] ("Client") and [SERVICE PROVIDER LEGAL NAME] ("Service Provider").
2. DEFINITIONS
"Applicable Law" - Includes the Massachusetts General Laws, Massachusetts Consumer Protection Act (M.G.L. c. 93A), Massachusetts Data Security Regulations (201 CMR 17.00), and the federal CAN-SPAM Act.
"Trade Secret" - As defined under the Massachusetts Uniform Trade Secrets Act (M.G.L. c. 93, Section 42 et seq.).
MASSACHUSETTS-SPECIFIC PROVISIONS
5.5 Late Payments. Interest at the lesser of [X]% or 6% per annum pursuant to M.G.L. c. 107, Section 3.
8.2 Non-Solicitation. [// GUIDANCE: Massachusetts Noncompetition Agreement Act (M.G.L. c. 149, Section 24L) restricts non-compete agreements. Consult Massachusetts counsel.]
10.4 Data Security. Service Provider shall comply with Massachusetts Data Security Regulations (201 CMR 17.00), including maintaining a written information security program.
16.1 Governing Law. Laws of the Commonwealth of Massachusetts.
16.2 Forum Selection. State and federal courts in Suffolk County, Massachusetts.
16.3 Arbitration. Seat: Boston, Massachusetts.
17.6 Electronic Signatures. Valid pursuant to the Massachusetts Uniform Electronic Transactions Act (M.G.L. c. 110G).
18. EXECUTION BLOCK
| CLIENT | SERVICE PROVIDER |
|---|---|
| By: __________________________ | By: __________________________ |
| Name: [PRINTED NAME] | Name: [PRINTED NAME] |
| Title: _______________________ | Title: _______________________ |
| Date: ________________________ | Date: ________________________ |