Massachusetts Advertising Services Contract

State:
Multi-State
Control #:
US-04407BG
Format:
Word
Instant download

Description

This form is an example of an advertising services contract by which the maker of goods or provider of services arranges with a second party to promote the first parties services or goods.

Massachusetts Advertising Services Contract is a legal agreement that outlines the terms and conditions for advertising services between a company or individual providing advertising services (the "Service Provider") and a client or business seeking advertising services (the "Client"). This contract is specific to businesses operating within the state of Massachusetts. The Massachusetts Advertising Services Contract covers various aspects of the advertising relationship between the Service Provider and the Client. It includes a detailed description of the services to be provided, such as marketing strategy development, creative design, online advertising, social media advertising, print advertising, media planning, and media buying. The terms and conditions section of the contract includes important information about payment, duration of the contract, termination clauses, intellectual property rights, confidentiality, and liability. It also specifies any specific legal obligations the Service Provider must adhere to under Massachusetts state law. Different types of Massachusetts Advertising Services Contracts may exist to cater to the specific needs of different businesses. These contracts can vary based on factors such as the nature of the advertising services provided, the duration of the contract, and the industry in which the Client operates. Some common variations or specialized contracts include: 1. Digital Advertising Services Contract: This type of contract specifically focuses on digital marketing channels like search engine marketing (SEM), search engine optimization (SEO), social media advertising, and display advertising. 2. Print Advertising Services Contract: This contract is specifically designed for clients who require services related to traditional print advertising in newspapers, magazines, brochures, or direct mail. 3. Media Buying Services Contract: Clients who primarily require services related to media planning and buying, where the Service Provider assists in negotiating and securing advertising space or time on behalf of the Client, would enter into this type of contract. 4. Marketing Strategy and Consulting Contract: This contract focuses on providing strategic guidance and consulting services related to the overall marketing efforts of the Client, including market research, competitor analysis, and brand positioning. It is important for both the Service Provider and the Client to carefully review and understand the terms and conditions outlined in the Massachusetts Advertising Services Contract to ensure a transparent and successful business relationship. Consulting an attorney experienced in Massachusetts advertising law may be beneficial to create or review such a contract to ensure compliance with state-specific regulations and protect the interests of both parties.

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FAQ

This template document may be used to create Request for Response (RFR) documents for complex small (<$250,000 in estimated annual value) and large (>$250,000 in estimated annual value) procurements. It identifies the minimum contents required for an RFR as well as a wide range of suggested additional content.

Advertising and marketing costs must be ordinary and necessary to be tax deductible. An ordinary expense is one that is common and accepted in the industry.

Procuring Department - A Department authorized to procure Commodities or Services, or both, for the Department or on behalf of multiple Departments. OSD shall be the primary Procuring Department for Statewide Contracts and may designate another Department to act as the Procuring Department for a Statewide Contract.

For now, digital advertising services are still tax exempt. However, tangible property like printed materials related to the campaign may be considered taxable.

RFR stands for Request for Response and refers to those postings for a solicitation that are restricted to a one-off procurement (one where there is no statewide contract available that fulfills the purchasing entity's needs).

The Massachusetts sales tax is 6.25% of the sales price or rental charge of tangible personal property (including gas, electricity, and steam) or certain telecommunications services1 sold or rented in Massachusetts.

The Massachusetts Legislature has also introduced HD. 3601, which would impose a 5% tax on a person's annual revenue from digital advertising services within Massachusetts.

A Massachusetts representative has introduced House Bill 4179, a proposed 6.25% excise tax on gross revenue from digital advertising provided within Massachusetts. Following its introduction, House Bill 4179 was referred to the Legislature's Joint Committee on Revenue for review.

A Massachusetts representative has introduced House Bill 4179, a proposed 6.25% excise tax on gross revenue from digital advertising provided within Massachusetts. Following its introduction, House Bill 4179 was referred to the Legislature's Joint Committee on Revenue for review.

This template document may be used to create Request for Response (RFR) documents for complex small (<$250,000 in estimated annual value) and large (>$250,000 in estimated annual value) procurements. It identifies the minimum contents required for an RFR as well as a wide range of suggested additional content.

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Massachusetts Advertising Services Contract