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Sales And Marketing Agreement Template
"I need a Sales and Marketing Agreement Template for my software company to engage a marketing agency in Australia, with particular focus on digital marketing services, performance-based compensation, and strong data protection clauses for handling customer information."
1. Parties: Identification and details of the contracting parties - typically the principal company and the sales/marketing service provider
2. Background: Context of the agreement, including the business relationship and general purpose
3. Definitions: Defined terms used throughout the agreement
4. Appointment and Scope: Terms of appointment and detailed scope of sales and marketing services to be provided
5. Term and Termination: Duration of the agreement, renewal provisions, and termination circumstances
6. Service Provider Obligations: Specific duties, responsibilities, and performance standards expected from the service provider
7. Principal's Obligations: Support, resources, and information to be provided by the principal company
8. Compensation and Payment Terms: Fee structure, commission rates, payment schedule, and expenses policy
9. Intellectual Property Rights: Ownership and usage rights of marketing materials, trademarks, and other IP
10. Confidentiality: Protection of confidential information and trade secrets
11. Compliance Requirements: Regulatory compliance obligations and industry standards
12. Representations and Warranties: Standard promises and guarantees made by both parties
13. Liability and Indemnification: Risk allocation, limitations of liability, and indemnification obligations
14. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law
1. Non-Compete: Restrictions on competing activities - include when exclusivity is required
2. Performance Targets: Specific sales or marketing metrics to be achieved - include when performance-based compensation is used
3. Training Requirements: Required training programs and certifications - include for complex products or regulated industries
4. Territory Rights: Geographic or market segment exclusivity - include when territory restrictions apply
5. Data Protection: Specific data handling and privacy requirements - include when significant customer data processing is involved
6. Marketing Material Approval Process: Procedures for reviewing and approving marketing materials - include when strict brand control is needed
7. Subcontracting: Rights and restrictions regarding use of subcontractors - include when subcontracting might be needed
8. Insurance Requirements: Specific insurance coverage requirements - include for high-risk activities
9. Force Majeure: Provisions for unforeseen circumstances - include when long-term or critical services are involved
1. Schedule A - Services Description: Detailed description of all sales and marketing services to be provided
2. Schedule B - Compensation Structure: Detailed fee calculations, commission rates, and bonus structures
3. Schedule C - Performance Metrics: Key performance indicators and measurement criteria
4. Schedule D - Territories: Detailed description of geographic territories or market segments
5. Schedule E - Approved Marketing Materials: List of pre-approved marketing materials and templates
6. Schedule F - Compliance Checklist: Specific regulatory requirements and compliance procedures
7. Appendix 1 - Report Templates: Standard formats for performance and activity reporting
8. Appendix 2 - Brand Guidelines: Principal's branding requirements and usage guidelines
Authors
Applicable Laws
Australian Consumer Law
Background IP
Business Day
Commencement Date
Confidential Information
Contract Year
Deliverables
Effective Date
Force Majeure Event
Intellectual Property Rights
Key Performance Indicators
Marketing Materials
Marketing Services
Performance Targets
Personal Information
Principal
Products
Project
Quarter
Representatives
Sales Services
Service Provider
Services
Term
Territory
Third Party Materials
Trademarks
Commission
Base Fee
Marketing Budget
Campaign
Customer
Prospective Customer
Sales Target
Marketing Strategy
Reporting Period
Service Levels
Success Metrics
Competitive Products
Approved Marketing Channels
Brand Guidelines
Compliance Requirements
Expenses
Payment Terms
Performance Review
Scope of Services
Term and Duration
Termination
Service Provider Obligations
Principal Obligations
Performance Standards
Commission Structure
Payment Terms
Expenses
Intellectual Property
Confidentiality
Data Protection
Privacy
Non-Compete
Non-Solicitation
Representations and Warranties
Indemnification
Limitation of Liability
Insurance
Compliance with Laws
Marketing Approvals
Reporting Requirements
Territory Rights
Exclusivity
Marketing Materials
Brand Usage
Customer Relationships
Record Keeping
Audit Rights
Force Majeure
Assignment
Subcontracting
Dispute Resolution
Governing Law
Notices
Entire Agreement
Variation
Severability
Waiver
Relationship of Parties
Survival
Third Party Rights
Anti-Bribery
Consumer Law Compliance
Marketing Standards
Sales Targets
Performance Reviews
Retail
Technology
Consumer Goods
Professional Services
Manufacturing
Healthcare
Financial Services
Education
Real Estate
Telecommunications
Entertainment
Food and Beverage
Fashion and Apparel
Software and IT
Automotive
Legal
Sales
Marketing
Business Development
Commercial
Procurement
Compliance
Executive Leadership
Operations
Finance
Corporate Affairs
Chief Marketing Officer
Sales Director
Marketing Director
Business Development Manager
Legal Counsel
Commercial Manager
Procurement Manager
Contract Manager
Marketing Manager
Sales Operations Manager
Chief Executive Officer
Chief Commercial Officer
Marketing Agency Director
Sales Agency Principal
Compliance Officer
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