Your Fractional CMO Contract can look something like this…

Intended for information only. Not as legal advice.


FRACTIONAL CHIEF MARKETING OFFICER AGREEMENT

This Agreement is made as of [Date], between [Company Name], a [State/Country of Incorporation] Corporation (“Company”), and [CMO Name] (“Contractor”).

1. Engagement of Services: The Company hereby engages the Contractor to perform the following services ([briefly describe the services to be provided]) as a Fractional Chief Marketing Officer. The Contractor agrees to diligently perform the services and maintain a standard of professionalism consistent with industry standards.

2. Term of Agreement: This Agreement shall commence on [Start Date] and shall continue until terminated by either party with [Notice Period] notice or until [End Date].

3. Compensation: The Contractor shall be compensated at a rate of [$$] per [hour/month] payable [monthly/quarterly] upon receipt of invoice. Additional compensation for specific projects or bonuses based on performance will be agreed upon in writing.

4. Expenses: The Contractor will be reimbursed for reasonable and necessary expenses incurred on behalf of the Company, provided they are approved in advance by [Appropriate Company Officer/Department].

5. Confidential Information: The Contractor agrees to keep all proprietary information, customer data, trade secrets, and other confidential information encountered in the course of their work, strictly confidential.

6. Intellectual Property: All work products developed by the Contractor during the term of this Agreement will be the sole property of the Company, except where otherwise agreed in writing.

7. Termination: This Agreement may be terminated by either party with [Notice Period] written notice. Upon termination, the Contractor shall return all Company property and confidential information.

8. Non-Compete and Non-Solicitation: For [Duration in months/years] after the termination of this Agreement, the Contractor will not engage in any business that competes directly with the Company within [Geographical Area].

9. Independent Contractor: The Contractor is engaged as an independent contractor. Nothing herein shall be deemed to create an employer-employee relationship between the parties.

10. Dispute Resolution: Any disputes arising out of this Agreement shall be resolved through mediation, and if necessary, legally binding arbitration under the rules of [Arbitration Association].

11. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of [State].

IN WITNESS WHEREOF, the parties hereto have executed this Fractional Chief Marketing Officer Agreement as of the date first above written.

[Company Signature] ___________________________

[Name, Title]

[Contractor Signature] _________________________

[Name]


Overview

A Fractional Chief Marketing Officer (CMO) Contract is a formal agreement between a company and a CMO who works part-time or on a project basis. This contract outlines the terms of engagement, including services provided, compensation, duration, and other key elements like confidentiality and intellectual property rights. The template is designed to be flexible, allowing both parties to customize specific details to suit their particular needs and circumstances.

FAQs

  1. What is a Fractional CMO? A Fractional CMO is a part-time executive who provides strategic marketing leadership to a company without the financial commitment of a full-time executive. They typically work with multiple companies, offering high-level strategic insights and expertise.
  2. Why use a Fractional CMO Contract? This contract clarifies the roles, responsibilities, and expectations between the company and the Fractional CMO, helping to prevent misunderstandings and ensure a professional working relationship.
  3. How do I determine the compensation for a Fractional CMO? Compensation can be structured as a flat fee, an hourly rate, or a retainer, depending on the agreement between the parties. It may also include performance bonuses or incentives based on specific agreed-upon metrics.
  4. What should be included in the scope of services? The scope should clearly outline the tasks and responsibilities the CMO is expected to perform, such as developing marketing strategies, overseeing campaigns, and providing guidance on market research.
  5. How long does a typical Fractional CMO engagement last? The duration can vary widely depending on the company’s needs. Some engagements may last a few months, while others might extend to several years. The contract should specify the start and end dates or conditions for renewal.
  6. Can a Fractional CMO work for competitors simultaneously? Non-compete clauses are common in these contracts to prevent CMOs from working with direct competitors during and sometimes after the contract period. The specifics can be negotiated based on industry standards and the unique context of the engagement.
  7. What happens if either party wants to terminate the contract early? The contract should specify the conditions under which either party can terminate the agreement, including the required notice period and any responsibilities or penalties resulting from early termination.

BOTTOM LINE:

If you’re ready to take your growth marketing and lead generation efforts to the next level without committing to a full-time chief marketing officer role, consider engaging with our team at Prorevgro.

Our experienced fractional CMOs offer flexible solutions tailored specifically to your business needs.

Reach out to us when you’re ready to talk growth marketing and lead generation.