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Digital Marketing Contract
"I need a Digital Marketing Contract for my e-commerce startup to engage a digital agency for managing our social media presence and SEO services across Australia, with specific provisions for performance-based fees and monthly reporting requirements, starting March 2025."
1. Parties: Identification of the service provider (digital marketing agency) and the client, including ABN/ACN and registered addresses
2. Background: Context of the agreement and brief overview of the digital marketing services to be provided
3. Definitions: Definitions of key terms used throughout the agreement, including technical digital marketing terminology
4. Scope of Services: Detailed description of digital marketing services to be provided, including specific channels and activities
5. Term and Commencement: Duration of the agreement, including start date, end date, and renewal terms
6. Fees and Payment Terms: Pricing structure, payment schedule, and terms including any performance-based fees
7. Client Obligations: Client's responsibilities, including provision of materials, approvals, and access to accounts
8. Service Provider Obligations: Agency's commitments, including service levels, reporting, and performance standards
9. Intellectual Property Rights: Ownership and licensing of content, creative works, and campaign materials
10. Data Protection and Privacy: Compliance with Privacy Act and handling of customer data
11. Confidentiality: Protection of confidential information and trade secrets
12. Reporting and Performance Metrics: Reporting requirements, KPIs, and performance measurement criteria
13. Termination: Conditions for termination, notice periods, and consequences of termination
14. Dispute Resolution: Process for handling disputes and escalation procedures
15. General Provisions: Standard clauses including governing law, notices, and entire agreement
1. Social Media Management: Specific terms for social media account management and content creation, used when social media services are included
2. SEO Services: Detailed terms for search engine optimization services, including rankings and optimization strategies
3. Content Creation and Approval: Specific processes for content creation, approval workflows, and revision cycles
4. Website Development and Maintenance: Terms for website updates and maintenance if included in services
5. Third-Party Platforms: Terms relating to use of third-party tools and platforms, including costs and access
6. Performance Marketing: Specific terms for paid advertising campaigns including budget management and performance metrics
7. Crisis Management: Procedures for handling social media crises or negative publicity
8. International Marketing: Additional terms for cross-border marketing activities if applicable
1. Schedule 1 - Service Specifications: Detailed breakdown of specific digital marketing services, channels, and deliverables
2. Schedule 2 - Fee Schedule: Detailed pricing structure, including rates for different services and payment milestones
3. Schedule 3 - Service Level Agreement: Performance standards, response times, and service level commitments
4. Schedule 4 - Approved Platforms and Tools: List of approved marketing platforms, tools, and software to be used
5. Schedule 5 - Key Performance Indicators: Detailed metrics and targets for measuring campaign success
6. Schedule 6 - Brand Guidelines: Client's branding requirements and guidelines for digital content
7. Appendix A - Reporting Templates: Standard templates for regular performance reporting
8. Appendix B - Approval Workflows: Documentation of content approval processes and timeframes
Authors
Advertising Materials
Agency
Analytics Data
Approved Platforms
Business Day
Campaign
Client
Client Materials
Commencement Date
Confidential Information
Content
Deliverables
Digital Marketing Services
End Date
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Key Performance Indicators (KPIs)
Marketing Channels
Marketing Strategy
Metadata
Milestones
Personal Information
Platform Terms
Project Brief
Renewal Term
Reporting Period
Services
Service Level Requirements
Social Media Accounts
Social Media Platforms
Specifications
Target Audience
Term
Territory
Third Party Materials
User Data
Website
Work Product
Payment
Term and Termination
Intellectual Property
Confidentiality
Data Protection
Service Levels
Performance Metrics
Warranties
Indemnification
Limitation of Liability
Force Majeure
Assignment
Subcontracting
Compliance with Laws
Privacy
Content Ownership
Client Obligations
Agency Obligations
Reporting Requirements
Approval Process
Account Access
Third Party Platforms
Dispute Resolution
Governing Law
Entire Agreement
Variation
Notices
Relationship of Parties
Severability
Retail
E-commerce
Technology
Professional Services
Healthcare
Education
Financial Services
Real Estate
Hospitality
Manufacturing
Consumer Goods
Entertainment
Non-profit
Telecommunications
Marketing
Digital
Legal
Procurement
Business Development
Communications
Brand Management
Operations
Content Creation
Social Media
Analytics
Strategy
Agency Relations
Marketing Director
Digital Marketing Manager
Chief Marketing Officer
Marketing Coordinator
Social Media Manager
Content Marketing Manager
SEO Specialist
Digital Strategy Director
Brand Manager
Account Manager
Business Development Manager
Procurement Manager
Legal Counsel
Contracts Manager
Marketing Operations Manager
Agency Relations Manager
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