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MSA Marketing Service Agreement

MSA Marketing Service Agreement Template for Australia

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Key Requirements PROMPT example:

MSA Marketing Service Agreement

"I need an MSA Marketing Service Agreement for my tech startup to engage a digital marketing agency in Australia, with special emphasis on data privacy compliance and social media marketing services, starting from March 2025."

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Document background
The MSA Marketing Service Agreement is designed for use in the Australian market where businesses require professional marketing services on an ongoing basis. This master agreement establishes the fundamental terms and conditions governing the relationship between marketing service providers and their clients, ensuring compliance with Australian legislation including the Competition and Consumer Act 2010, Privacy Act 1988, and relevant advertising standards. It provides a framework for defining marketing services, deliverables, performance standards, and commercial terms while addressing critical aspects such as intellectual property rights, data protection, and regulatory compliance. The agreement is particularly suitable for long-term marketing engagements where services may evolve over time and multiple campaigns or projects may be executed under a single master agreement.
Suggested Sections

1. Parties: Identification of the service provider and client, including full legal names, ABNs, and registered addresses

2. Background: Context of the agreement, including brief description of the parties' businesses and purpose of the engagement

3. Definitions: Detailed definitions of key terms used throughout the agreement, including marketing-specific terminology

4. Services: Detailed description of marketing services to be provided, including scope, deliverables, and performance standards

5. Term and Renewal: Duration of the agreement, including start date, initial term, and renewal provisions

6. Fees and Payment: Compensation structure, payment terms, expenses, and invoicing procedures

7. Client Obligations: Client's responsibilities, including provision of materials, approvals, and access to necessary information

8. Service Provider Obligations: Marketing agency's commitments, including service standards, reporting, and compliance requirements

9. Intellectual Property: Ownership and usage rights of marketing materials, pre-existing IP, and newly created content

10. Confidentiality: Protection of confidential information, trade secrets, and customer data

11. Privacy and Data Protection: Compliance with privacy laws, data handling procedures, and security measures

12. Compliance with Laws: Obligation to comply with relevant marketing laws, regulations, and industry codes

13. Warranties and Representations: Guarantees regarding service quality, compliance, and authority to contract

14. Liability and Indemnification: Limitation of liability, indemnification obligations, and insurance requirements

15. Termination: Grounds for termination, notice requirements, and post-termination obligations

Optional Sections

1. Digital Marketing Services: Specific provisions for digital marketing activities, including social media, SEO, and online advertising - include when digital marketing is part of the scope

2. Performance Metrics: Detailed KPIs and performance measurement criteria - include when specific performance targets are crucial to the agreement

3. Content Creation: Specific terms for content creation, approval processes, and usage rights - include when content creation is a significant component

4. Third-Party Platforms: Terms governing the use of third-party marketing platforms and tools - include when external platforms are integral to service delivery

5. International Marketing: Provisions for international marketing activities and compliance with foreign laws - include for cross-border marketing services

6. Crisis Management: Procedures for handling marketing-related crises or reputation management - include for high-profile clients or sensitive industries

7. Influencer Marketing: Terms governing influencer engagement and compliance - include when influencer marketing is part of the scope

8. Agency of Record: Exclusive agency provisions and related obligations - include when the agency is appointed as the sole marketing service provider

Suggested Schedules

1. Schedule 1 - Scope of Services: Detailed breakdown of all marketing services, deliverables, and timeframes

2. Schedule 2 - Fee Schedule: Comprehensive fee structure, including rates, payment milestones, and expense categories

3. Schedule 3 - Service Levels: Specific performance standards, response times, and quality metrics

4. Schedule 4 - Approved Subcontractors: List of pre-approved third-party suppliers or subcontractors

5. Schedule 5 - Brand Guidelines: Client's branding requirements and usage guidelines

6. Schedule 6 - Reporting Requirements: Format, frequency, and content of required marketing reports

7. Appendix A - Key Personnel: List of key team members and their roles from both parties

8. Appendix B - Compliance Checklist: Marketing compliance requirements and regulatory considerations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Approved Expenses
Background IP
Brand Guidelines
Business Day
Campaign
Client
Client Materials
Commencement Date
Confidential Information
Created IP
Deliverables
Digital Marketing Services
Fees
Force Majeure Event
Initial Term
Intellectual Property Rights
Key Performance Indicators
Marketing Materials
Marketing Plan
Marketing Services
Personal Information
Project Brief
Representatives
Service Levels
Service Provider
Services
Social Media Platforms
Statement of Work
Subcontractors
Term
Territory
Third Party Materials
Moral Rights
Work Product
Advertising Standards
Agency Personnel
Approved Budget
Claims
Competitor
Customer Data
Digital Assets
GST
Indemnified Party
Key Personnel
Loss
Media Buy
Performance Report
Privacy Laws
Project
Quality Standards
Renewal Term
Specification
Clauses
Interpretation
Term and Renewal
Services
Service Levels
Performance Standards
Fees and Payment
Expenses
Client Obligations
Service Provider Obligations
Approvals
Key Personnel
Subcontracting
Intellectual Property
Moral Rights
Data Protection
Privacy
Confidentiality
Marketing Compliance
Regulatory Compliance
Warranties
Representations
Indemnification
Limitation of Liability
Insurance
Force Majeure
Termination
Consequences of Termination
Dispute Resolution
Governing Law
Assignment
Variation
Notices
GST
Entire Agreement
Severability
Brand Protection
Media Rights
Content Creation
Campaign Management
Quality Control
Reporting
Non-Solicitation
Exclusivity
Third Party Rights
Anti-Bribery
Record Keeping
Audit Rights
Relevant Industries

Retail

E-commerce

Technology

Financial Services

Healthcare

Professional Services

Consumer Goods

Entertainment

Education

Real Estate

Hospitality

Manufacturing

Telecommunications

Non-profit

Automotive

Media

Fashion

Food and Beverage

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Operations

Business Development

Creative

Client Services

Digital Marketing

Brand Management

Project Management

Account Management

Executive Leadership

Relevant Roles

Chief Marketing Officer

Marketing Director

Brand Manager

Marketing Manager

Digital Marketing Manager

Account Director

Business Development Manager

Procurement Manager

Legal Counsel

Contract Manager

Agency Director

Creative Director

Client Services Manager

Operations Manager

Finance Director

Compliance Officer

Marketing Coordinator

Project Manager

Industries
Competition and Consumer Act 2010 (including Australian Consumer Law): Fundamental legislation governing business conduct, consumer protection, and fair trading practices. Particularly relevant for marketing claims, misleading or deceptive conduct, and advertising standards.
Privacy Act 1988: Essential for handling personal information in marketing activities, including data collection, storage, use, and disclosure requirements, as well as spam regulations.
Spam Act 2003: Regulates commercial electronic messages, requiring consent, sender identification, and unsubscribe facilities in marketing communications.
Do Not Call Register Act 2006: Relevant if the marketing services include telemarketing, protecting consumers who have registered their numbers to avoid receiving unsolicited marketing calls.
Copyright Act 1968: Important for protecting intellectual property rights in marketing materials and ensuring proper usage of copyrighted content.
Contract Law (Common Law): Governs the formation and enforcement of contracts, including essential elements like offer, acceptance, consideration, and intention to create legal relations.
Australian Association of National Advertisers (AANA) Code of Ethics: Though not legislation, this self-regulatory code sets important standards for advertising and marketing communications that should be referenced in the agreement.
Trade Marks Act 1995: Relevant for protecting brands and logos used in marketing materials and ensuring proper usage of client trademarks.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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