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Marketing Sales Agreement
"I need a Marketing Sales Agreement under German law for my tech startup engaging a digital marketing agency to handle our social media and online advertising campaigns across Germany and Austria, with monthly performance reviews and a revenue-sharing model starting from March 2025."
1. Parties: Identification and details of the contracting parties
2. Background: Context of the agreement and 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 and Exclusivity: Geographic scope of the agreement and any exclusivity provisions
6. Performance Obligations: Specific duties and responsibilities of each party
7. Compensation and Payment Terms: Fee structure, payment schedule, and related financial terms
8. Intellectual Property Rights: Ownership and usage rights of marketing materials and branding
9. Data Protection and GDPR Compliance: Obligations regarding personal data handling and protection
10. Confidentiality: Protection of confidential information and trade secrets
11. Term and Termination: Duration of agreement and termination provisions
12. Warranties and Representations: Standard warranties and representations by both parties
13. Liability and Indemnification: Limitation of liability and indemnification obligations
14. Force Majeure: Provisions for unforeseen circumstances
15. Governing Law and Jurisdiction: Application of German law and jurisdiction
16. General Provisions: Standard boilerplate clauses including notices, amendments, and assignment
1. Digital Marketing Services: Specific provisions for online marketing activities, including social media and email marketing
2. International Operations: Additional provisions for cross-border marketing activities
3. Industry-Specific Compliance: Special requirements for regulated industries (e.g., healthcare, financial services)
4. Performance Metrics and KPIs: Detailed performance measurement criteria and targets
5. Training and Support: Provisions for training staff and ongoing support
6. Subcontracting: Terms governing the use of subcontractors or third-party service providers
7. Insurance Requirements: Specific insurance coverage requirements
8. Audit Rights: Provisions for auditing marketing performance and compliance
1. Schedule 1 - Service Level Agreement: Detailed performance standards and metrics
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commissions, and payment terms
3. Schedule 3 - Marketing Materials and Brand Guidelines: Approved marketing materials and brand usage guidelines
4. Schedule 4 - Territorial Specifications: Detailed description of geographic territories and any restrictions
5. Schedule 5 - Reporting Requirements: Templates and specifications for regular reporting
6. Schedule 6 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
7. Schedule 7 - Approved Subcontractors: List of pre-approved third-party service providers
8. Appendix A - Contact Details: Key contacts and notice details for both parties
Authors
Applicable Laws
Approved Marketing Materials
Brand Guidelines
Business Day
Commencement Date
Confidential Information
Client
Campaign
Deliverables
Effective Date
Fees
Force Majeure Event
Good Industry Practice
Intellectual Property Rights
Key Performance Indicators
Marketing Services
Marketing Strategy
Net Sales
Personal Data
Protected Data
Performance Metrics
Quarter
Reporting Period
Sales Territory
Service Level Requirements
Service Provider
Target Market
Term
Territory
Third Party
Trademarks
Working Hours
Year
Affiliate
Background IP
Commission
Customer
Data Protection Laws
GDPR
Lead
Marketing Budget
Marketing Channel
Marketing Plan
Promotional Material
Revenue
Sales Target
Standard Working Hours
Success Metrics
Target Audience
Definitions
Services
Territory
Exclusivity
Performance Obligations
Payment
Commission
Marketing Standards
Brand Protection
Intellectual Property
Data Protection
Confidentiality
Non-Competition
Non-Solicitation
Warranties
Indemnification
Limitation of Liability
Force Majeure
Term
Termination
Assignment
Subcontracting
Audit Rights
Reporting
Quality Control
Compliance
Insurance
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Waiver
Third Party Rights
Language
Counterparts
Retail
E-commerce
Technology
Consumer Goods
Professional Services
Manufacturing
Healthcare
Financial Services
Entertainment
Telecommunications
Automotive
Fashion and Luxury
Food and Beverage
Media and Advertising
Software and IT
Legal
Marketing
Sales
Business Development
Procurement
Compliance
Finance
Operations
Commercial
Brand Management
Chief Marketing Officer
Marketing Director
Sales Director
Business Development Manager
Marketing Manager
Brand Manager
Digital Marketing Manager
Commercial Director
Legal Counsel
Contracts Manager
Procurement Manager
Account Director
Marketing Operations Manager
Sales Operations Manager
Compliance Officer
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