Troubleshooting: Structuring a Compliant Marketing Contract Role

We are a California-based nonprofit seeking guidance on how to ethically and effectively engage outside marketing and advertising support to help us expand our reach and bring in new clients. Our specific challenge is that, as a psychology-focused nonprofit, we must comply with California law and professional ethics rules that prohibit referral fees, kickbacks, or any compensation tied to client referrals. Because of this, we cannot use traditional commission-based sales models.

During the 60-minute call, we’d like to focus on:

Structuring a Compliant Marketing/Outreach Role

Brainstorming how to define an outside contractor’s scope of work so that it is service-based (e.g., campaign creation, outreach, brand awareness) rather than tied to client numbers.

Understanding industry norms for flat-fee or project-based marketing arrangements for nonprofits.

Developing Clear Deliverables

Identifying practical examples of marketing tasks a contractor could take on (e.g., social media strategy, outreach campaigns, partnership development).

Discussing how to measure success without linking pay to referrals or volume.

Finding and Engaging the Right Partner

Learning what types of agencies, consultants, or freelancers typically handle nonprofit marketing and outreach in California.

Advice on where to find ethical, mission-aligned marketing professionals.

Context for Our Situation - We are a nonprofit serving a vulnerable population with services tied to psychology and mental health. Growth and sustainability depend on reaching more clients, but we must protect our integrity and remain compliant with California’s Business & Professions Code §650 and APA ethical standards.

Our team has limited in-house marketing capacity, so we are seeking outside help to build awareness while avoiding legal and ethical risks.