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Marketing Sales Agreement
"Need a Marketing Sales Agreement for our Swiss tech company engaging a digital marketing agency to promote our software products across German-speaking regions, with exclusive rights and performance-based commission structure starting March 2025."
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and brief description of the parties' business relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of marketing and sales services to be provided
5. Territory: Geographic areas where marketing services will be performed
6. Compensation and Payment Terms: Fee structure, commission rates, payment schedule, and invoicing procedures
7. Performance Metrics: Key performance indicators (KPIs) and measurement criteria
8. Obligations of the Marketing Partner: Specific duties, responsibilities, and commitments of the marketing partner
9. Obligations of the Principal: Support, materials, and resources to be provided by the principal company
10. Intellectual Property Rights: Usage rights and protection of trademarks, logos, and marketing materials
11. Confidentiality: Protection of confidential information and trade secrets
12. Data Protection: Compliance with Swiss data protection laws and data handling procedures
13. Term and Termination: Duration of agreement and termination provisions
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction for disputes
15. General Provisions: Standard legal clauses including severability, entire agreement, and amendments
1. Exclusivity: Terms of exclusive marketing rights, used when granting exclusive territory or product rights
2. Marketing Budget: Detailed budget allocation and approval processes, used for agreements with shared marketing expenses
3. International Marketing: Specific provisions for cross-border marketing activities, used when marketing extends beyond Switzerland
4. Digital Marketing: Specific terms for online marketing activities, used when digital marketing is a significant component
5. Sub-contractors: Terms for engaging third-party service providers, used when subcontracting is permitted
6. Training and Support: Details of training programs and ongoing support, used for complex product marketing
7. Insurance: Insurance requirements and coverage details, used for high-risk marketing activities
8. Non-Competition: Restrictions on competing activities, used when protecting market position is crucial
9. Minimum Performance Requirements: Specific sales targets or minimum performance levels, used for performance-based agreements
1. Schedule A - Products and Services: Detailed list of products/services covered by the marketing agreement
2. Schedule B - Commission Structure: Detailed breakdown of commission rates, tiers, and calculation methods
3. Schedule C - Marketing Territory: Detailed maps or descriptions of authorized marketing territories
4. Schedule D - Approved Marketing Materials: List of pre-approved marketing materials and brand guidelines
5. Schedule E - KPI Metrics and Reporting Templates: Detailed performance metrics and required reporting formats
6. Schedule F - Contact Details: Key personnel and communication protocols
7. Appendix 1 - Brand Guidelines: Comprehensive brand usage and style guidelines
8. Appendix 2 - Data Protection Protocols: Detailed procedures for handling customer data and ensuring FADP compliance
Authors
Applicable Laws
Approved Marketing Materials
Business Day
Commencement Date
Commission
Confidential Information
Customer
Data Protection Laws
Deliverables
Digital Marketing Services
Effective Date
Force Majeure
Intellectual Property Rights
KPIs
Marketing Budget
Marketing Plan
Marketing Services
Marketing Territory
Net Sales
Performance Metrics
Personal Data
Principal
Products
Quarter
Reporting Period
Revenue
Sales Target
Service Provider
Services
Social Media Platforms
Target Market
Term
Trademarks
Working Hours
Year
Campaign
Brand Guidelines
Marketing Channels
Qualified Leads
Success Metrics
Advertising Materials
Competition
Consumer
Direct Marketing
Market Research
Price List
Sales Activities
Trade Secrets
Definitions
Services Scope
Territory
Appointment
Term and Duration
Marketing Obligations
Performance Requirements
Commission Structure
Payment Terms
Reporting Requirements
Marketing Materials
Approvals
Brand Usage
Intellectual Property
Confidentiality
Data Protection
Non-Competition
Non-Solicitation
Exclusivity
Representations and Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Exit Rights
Assignment
Subcontracting
Compliance with Laws
Marketing Standards
Quality Control
Record Keeping
Audit Rights
Insurance
Dispute Resolution
Governing Law
Jurisdiction
Notices
Amendment
Entire Agreement
Severability
Waiver
Third Party Rights
Counterparts
Digital Marketing
Social Media
Customer Data
Performance Metrics
Training and Support
Marketing Budget
Retail
Consumer Goods
Technology
Financial Services
Healthcare
Manufacturing
Professional Services
Entertainment
Telecommunications
E-commerce
Luxury Goods
Food and Beverage
Pharmaceutical
Automotive
Real Estate
Marketing
Sales
Business Development
Legal
Commercial Operations
Brand Management
Product Management
Digital Marketing
Market Research
Contract Administration
Communications
Corporate Strategy
Chief Marketing Officer
Sales Director
Marketing Manager
Business Development Manager
Brand Manager
Commercial Director
Marketing Coordinator
Sales Manager
Product Manager
Channel Manager
Marketing Operations Manager
Digital Marketing Manager
Chief Commercial Officer
Head of Sales
Marketing Communications Manager
Contract Manager
Legal Counsel
Business Development Director
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