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This Service Provider Agreement ("Agreement") is made and entered into on October 31, 2024, by and between Orion Marketing Solutions, LLC, a Delaware limited liability company with its principal office located at 1234 Maple Avenue, Suite 567, San Francisco, CA 94103 ("Service Provider"), and GreenTech Innovations, Inc., a Delaware corporation with its principal office located at 7890 Oak Street, Palo Alto, CA 94301 ("Client").
The Service Provider agrees to provide a comprehensive range of digital marketing and promotional services to the Client, including, but not limited to, developing and executing a customized digital marketing campaign, designing and producing content for social media channels, managing SEO efforts to improve organic search performance, and analyzing campaign metrics to optimize performance. The Service Provider shall use commercially reasonable efforts to ensure that all services align with the Client's brand guidelines and business objectives as communicated by the Client's designated project manager. All services shall be performed in accordance with the project timeline detailed in Exhibit A, which may be amended by mutual written consent of both parties.
The Client agrees to compensate the Service Provider for the services provided under this Agreement at a total fixed fee of $25,000 USD, payable in three installments. The initial payment of $10,000 USD is due upon signing this Agreement. The second installment of $10,000 USD is due upon completion of the first phase of the services, as outlined in the project timeline. The final installment of $5,000 USD is due within 30 days of final project delivery and upon receipt of an invoice from the Service Provider. All payments shall be made via electronic bank transfer to the Service Provider’s designated bank account. Late payments are subject to a 1.5% monthly interest on the outstanding balance, or the highest rate permitted by law, whichever is lower. In the event of any dispute regarding an invoice, the Client shall notify the Service Provider within ten (10) business days of receiving the invoice.
This Agreement shall commence on the date first above written and shall continue until the completion of the services as described in the Scope of Services or until terminated as provided herein. Either party may terminate this Agreement by providing thirty (30) days’ prior written notice to the other party. Upon termination, the Client shall pay the Service Provider for all services rendered and expenses incurred up to the effective date of termination. In the event of a material breach by either party, the non-breaching party may terminate this Agreement immediately by providing written notice to the breaching party. The Service Provider agrees to deliver to the Client all work product, files, and materials related to the services, including drafts, at the time of termination.
Both parties acknowledge that, during the term of this Agreement, each party may have access to confidential or proprietary information of the other party. For the purposes of this Agreement, "Confidential Information" shall include, without limitation, all trade secrets, financial information, customer data, marketing strategies, and proprietary methodologies disclosed by one party to the other in connection with the services. Each party agrees to protect the Confidential Information of the other party with the same degree of care it uses to protect its own confidential information, but in no event less than a reasonable standard of care. Neither party shall disclose, use, or make available any Confidential Information to any third party without the prior written consent of the disclosing party, except as required by law. This obligation of confidentiality shall survive the termination or expiration of this Agreement for a period of two (2) years.
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