MARKETING & ADVERTISING SERVICES AGREEMENT
(West Virginia 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 West Virginia Code, West Virginia Consumer Credit and Protection Act (W. Va. Code Section 46A-1-101 et seq.), and the federal CAN-SPAM Act.
"Trade Secret" - As defined under the West Virginia Uniform Trade Secrets Act (W. Va. Code Section 47-22-1 et seq.).
WEST VIRGINIA-SPECIFIC PROVISIONS
5.5 Late Payments. Interest at the lesser of [X]% or 6% per annum pursuant to W. Va. Code Section 47-6-5.
10.4 Data Security. Consistent with West Virginia data breach notification requirements (W. Va. Code Section 46A-2A-101 et seq.).
16.1 Governing Law. Laws of the State of West Virginia.
16.2 Forum Selection. State and federal courts in Kanawha County, West Virginia.
16.3 Arbitration. Seat: Charleston, West Virginia.
17.6 Electronic Signatures. Valid pursuant to the West Virginia Uniform Electronic Transactions Act (W. Va. Code Chapter 39A).
18. EXECUTION BLOCK
| CLIENT | SERVICE PROVIDER |
|---|---|
| By: __________________________ | By: __________________________ |
| Name: [PRINTED NAME] | Name: [PRINTED NAME] |
| Title: _______________________ | Title: _______________________ |
| Date: ________________________ | Date: ________________________ |