Marketing Consultant Retainer Agreement Template for Canada

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Key Requirements PROMPT example:

Marketing Consultant Retainer Agreement

"I need a Marketing Consultant Retainer Agreement for my Toronto-based tech startup to engage a digital marketing agency for social media management and content creation, with strict data protection clauses and monthly performance metrics."

Document background
The Marketing Consultant Retainer Agreement is designed for businesses in Canada seeking to establish a continuous professional relationship with marketing service providers. This document is particularly useful when a company requires regular, ongoing marketing support rather than project-based work. It provides a structured framework for the engagement, covering essential elements such as monthly fees, service scope, deliverables, and performance standards. The agreement complies with Canadian federal and provincial regulations, including privacy laws, intellectual property provisions, and independent contractor requirements. It's suitable for both individual consultants and agencies, offering flexibility to adapt to changing marketing needs while maintaining clear boundaries and expectations for both parties.
Suggested Sections

1. Parties: Identification of the client and marketing consultant, including full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' intention to enter into a marketing consultancy arrangement

3. Definitions: Key terms used throughout the agreement including 'Services', 'Deliverables', 'Intellectual Property', etc.

4. Scope of Services: Detailed description of marketing services to be provided under the retainer

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

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

7. Consultant's Obligations: Key responsibilities, availability, quality standards, and reporting requirements

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

9. Intellectual Property Rights: Ownership and licensing of marketing materials and deliverables

10. Confidentiality: Protection of confidential information and trade secrets

11. Representations and Warranties: Standard warranties regarding service quality and capability

12. Termination: Conditions and process for ending the agreement

13. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures

Optional Sections

1. Non-Competition: Restrictions on working with competitors - include when dealing with sensitive industries or direct competitors

2. Data Protection: Detailed privacy and data handling procedures - include when handling personal data or operating across jurisdictions

3. Performance Metrics: Specific KPIs and performance standards - include when tying compensation to specific outcomes

4. Subcontractors: Terms for engaging additional resources - include when consultant may need to delegate work

5. Insurance: Required insurance coverage - include for high-value or high-risk marketing activities

6. Force Majeure: Provisions for unforeseen circumstances - include for long-term or critical service arrangements

7. International Services: Cross-border service provisions - include when operating internationally

Suggested Schedules

1. Schedule A - Scope of Services: Detailed breakdown of marketing services, deliverables, and timelines

2. Schedule B - Fee Structure: Detailed fee calculations, expense categories, and payment terms

3. Schedule C - Key Personnel: List of primary consultant team members and their roles

4. Schedule D - Service Level Agreement: Specific performance standards and response times

5. Schedule E - Approved Subcontractors: Pre-approved third-party service providers

6. Appendix 1 - Reporting Templates: Standard formats for activity reports and performance metrics

7. Appendix 2 - Brand Guidelines: Client's branding requirements and standards

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

Financial Services

Healthcare

Professional Services

Manufacturing

Consumer Goods

Entertainment

Education

Real Estate

Hospitality

Non-profit

Telecommunications

Automotive

Relevant Teams

Legal

Marketing

Procurement

Finance

Communications

Business Development

Operations

Executive Leadership

Administrative

Compliance

Relevant Roles

Marketing Director

Chief Marketing Officer

Brand Manager

Marketing Consultant

Digital Marketing Specialist

Marketing Agency Owner

Business Development Manager

Communications Director

Marketing Operations Manager

Legal Counsel

Procurement Manager

Contract Administrator

Chief Executive Officer

Small Business Owner

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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