Online Marketing Agreement Template for Australia

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Key Requirements PROMPT example:

Online Marketing Agreement

"I need an Online Marketing Agreement for my tech startup based in Sydney, engaging a marketing agency for comprehensive digital marketing services including social media, content creation, and SEO, with potential expansion to New Zealand markets starting March 2025."

Document background
The Online Marketing Agreement is essential for businesses engaging digital marketing services in Australia. It serves as a crucial legal framework for establishing professional relationships between marketing service providers and their clients. This document is particularly relevant in today's digital-first business environment, where online marketing plays a vital role in business growth and customer engagement. The agreement ensures compliance with Australian regulations, including the Privacy Act 1988, Spam Act 2003, and Australian Consumer Law, while protecting both parties' interests. It's designed to address key aspects such as service scope, deliverables, performance metrics, data protection, intellectual property rights, and payment terms, providing clarity and legal protection for all parties involved in digital marketing initiatives.
Suggested Sections

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

2. Background: Context of the agreement and brief description of the parties' business relationship

3. Definitions: Definitions of key terms used throughout the agreement, including technical marketing terms

4. Scope of Services: Detailed description of marketing services to be provided, including channels and deliverables

5. Term and Commencement: Duration of the agreement and start date

6. Payment Terms: Fees, payment schedule, expenses, and invoicing procedures

7. Performance Metrics: KPIs, reporting requirements, and measurement methodologies

8. Obligations of Service Provider: Marketing agency's responsibilities, deliverables, and service standards

9. Client Obligations: Client's responsibilities, including provision of materials and approvals

10. Compliance with Laws: Commitment to comply with relevant marketing and advertising laws

11. Intellectual Property: Ownership and usage rights of marketing materials and content

12. Confidentiality: Protection of confidential information and trade secrets

13. Warranties and Representations: Guarantees provided by both parties regarding services and materials

14. Limitation of Liability: Limits on liability and indemnification provisions

15. Termination: Conditions for ending the agreement and consequences of termination

16. Dispute Resolution: Process for resolving disagreements between parties

17. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Data Protection and Privacy: Detailed provisions for handling personal data and privacy compliance - include when personal data processing is involved

2. International Marketing Provisions: Specific terms for cross-border marketing activities - include when international marketing is part of scope

3. Influencer Marketing Terms: Specific provisions for influencer engagement and compliance - include when influencer marketing is part of services

4. Platform-Specific Terms: Requirements for specific social media or advertising platforms - include when marketing on specific platforms is key focus

5. Success Fees: Performance-based compensation structure - include when success-based payments are part of compensation

6. White Labeling Terms: Provisions for white-labeled services - include when agency provides white-label marketing services

7. Crisis Management: Procedures for handling marketing-related crises - include for high-risk or high-profile campaigns

Suggested Schedules

1. Schedule A - Service Specifications: Detailed breakdown of marketing services, channels, and deliverables

2. Schedule B - Fee Schedule: Detailed pricing, payment terms, and any success-based fees

3. Schedule C - KPI Metrics: Specific performance indicators and measurement methodologies

4. Schedule D - Approved Platforms: List of approved marketing platforms and specific requirements

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

6. Schedule F - Reporting Templates: Templates for regular performance and campaign reporting

7. Appendix 1 - Data Processing Agreement: Detailed terms for handling personal data, if applicable

8. Appendix 2 - Service Level Agreement: Specific service levels and response times

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

Relevant legal definitions
Clauses
Relevant Industries

Retail

E-commerce

Technology

Professional Services

Healthcare

Financial Services

Education

Hospitality

Manufacturing

Real Estate

Consumer Goods

Media and Entertainment

Telecommunications

Non-profit

Automotive

Relevant Teams

Legal

Marketing

Digital

Compliance

Procurement

Operations

Business Development

Finance

Strategy

Creative

Content

Social Media

Client Services

Analytics

Relevant Roles

Marketing Director

Digital Marketing Manager

Business Development Manager

Chief Marketing Officer

Marketing Agency Owner

Legal Counsel

Compliance Officer

Contract Manager

Procurement Manager

Chief Executive Officer

Small Business Owner

Operations Manager

Account Manager

Project Manager

Digital Strategy Director

Industries
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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