MARKETING & ADVERTISING SERVICES AGREEMENT
(South Dakota 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 South Dakota Codified Laws, South Dakota Deceptive Trade Practices Act (SDCL Chapter 37-24), and the federal CAN-SPAM Act.
"Trade Secret" - As defined under the South Dakota Uniform Trade Secrets Act (SDCL Chapter 37-29).
SOUTH DAKOTA-SPECIFIC PROVISIONS
5.5 Late Payments. Interest at the lesser of [X]% or 12% per annum pursuant to SDCL Section 54-3-4.
10.4 Data Security. Consistent with South Dakota data breach notification requirements (SDCL Section 22-40-19 et seq.).
16.1 Governing Law. Laws of the State of South Dakota.
16.2 Forum Selection. State and federal courts in Hughes County, South Dakota.
16.3 Arbitration. Seat: Pierre, South Dakota.
17.6 Electronic Signatures. Valid pursuant to the South Dakota Uniform Electronic Transactions Act (SDCL Chapter 53-12).
18. EXECUTION BLOCK
| CLIENT | SERVICE PROVIDER |
|---|---|
| By: __________________________ | By: __________________________ |
| Name: [PRINTED NAME] | Name: [PRINTED NAME] |
| Title: _______________________ | Title: _______________________ |
| Date: ________________________ | Date: ________________________ |