Sales And Marketing Outsourcing Agreement Template for Australia

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Key Requirements PROMPT example:

Sales And Marketing Outsourcing Agreement

"I need a Sales and Marketing Outsourcing Agreement for my tech startup based in Sydney, engaging a marketing agency to handle our digital marketing and inside sales activities starting March 2025, with a focus on protecting our intellectual property and ensuring GDPR compliance as we plan to expand into Europe."

Document background
This Sales and Marketing Outsourcing Agreement is designed for businesses operating in Australia who wish to engage external providers for their sales and marketing functions. It is particularly relevant in situations where companies seek to optimize their market presence through specialized expertise while maintaining cost efficiency. The agreement incorporates essential provisions required under Australian law, including compliance with the Competition and Consumer Act 2010, Privacy Act 1988, and relevant industry regulations. It establishes a comprehensive framework for service delivery, performance measurement, data protection, and risk allocation, making it suitable for both short-term project-based engagements and long-term strategic partnerships. The document is structured to protect both parties' interests while ensuring flexibility for various business contexts and industry-specific requirements.
Suggested Sections

1. Parties: Identification of the principal company and the service provider

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

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Scope: Formal appointment of service provider and overview of services to be provided

5. Term and Renewal: Duration of the agreement and renewal provisions

6. Service Provider's Obligations: Core responsibilities and service delivery requirements

7. Principal's Obligations: Support, access, and resources to be provided by the principal

8. Performance Standards: Required service levels and quality standards

9. Fees and Payment: Compensation structure, payment terms, and invoicing requirements

10. Intellectual Property: Ownership and usage rights of IP created during service delivery

11. Confidentiality: Protection of confidential information and trade secrets

12. Data Protection and Privacy: Obligations regarding handling of customer and business data

13. Compliance: Regulatory compliance requirements and industry standards

14. Liability and Indemnification: Risk allocation and liability limitations

15. Termination: Termination rights, process, and consequences

16. Post-Termination Obligations: Transition arrangements and ongoing obligations after termination

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

Optional Sections

1. International Services: Additional provisions for cross-border services including currency, tax, and regulatory compliance

2. Digital Marketing Provisions: Specific requirements for online marketing, social media, and digital platforms

3. Sales Territory: Geographic or market segment restrictions and exclusivity provisions

4. Customer Relationship Management: Provisions for handling customer relationships and database management

5. Brand Guidelines: Requirements for maintaining brand consistency and approval processes

6. Commission Structure: Detailed commission calculations and incentive programs for direct sales

7. Audit Rights: Rights to audit performance, financial records, and compliance

8. Insurance: Specific insurance requirements based on service scope and risk profile

9. Force Majeure: Provisions for handling unforeseen circumstances and business interruptions

Suggested Schedules

1. Schedule 1 - Services Description: Detailed description of all marketing and sales services to be provided

2. Schedule 2 - Service Levels: Specific KPIs, performance metrics, and measurement methodology

3. Schedule 3 - Fee Schedule: Detailed fee structure, commission rates, and payment calculations

4. Schedule 4 - Approved Marketing Materials: List of pre-approved marketing materials and approval process

5. Schedule 5 - Compliance Requirements: Specific regulatory requirements and compliance procedures

6. Schedule 6 - Reports and Reviews: Required reporting formats, frequency, and review procedures

7. Schedule 7 - Key Personnel: List of key personnel and their roles from both parties

8. Appendix A - Brand Guidelines: Detailed brand usage guidelines and requirements

9. Appendix B - Data Processing Requirements: Specific requirements for handling customer data and privacy compliance

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

Consumer Goods

Financial Services

Healthcare

Manufacturing

Professional Services

Telecommunications

Real Estate

Education

Entertainment and Media

Relevant Teams

Legal

Marketing

Sales

Procurement

Finance

Operations

Compliance

Risk Management

Business Development

Commercial

Relevant Roles

Chief Marketing Officer

Sales Director

Marketing Director

Business Development Manager

Commercial Director

Procurement Manager

Legal Counsel

Contract Manager

Operations Director

Chief Financial Officer

Marketing Manager

Sales Operations Manager

Compliance Officer

Risk Manager

Vendor Relationship Manager

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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