Marketing Sales Agreement Template for Germany

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Key Requirements PROMPT example:

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."

Document background
The Marketing Sales Agreement is essential for businesses operating in Germany that engage external providers for marketing and sales services. This contract type establishes a clear framework for the business relationship, detailing service scope, performance expectations, and compliance requirements. It's particularly important given Germany's strict regulatory environment, including the German Civil Code (BGB), Commercial Code (HGB), and marketing-specific legislation like the Act Against Unfair Competition (UWG) and GDPR/DSGVO. The agreement typically covers various marketing channels, performance metrics, intellectual property rights, data protection, and territorial considerations, making it suitable for both traditional and digital marketing services. It's designed to protect both parties' interests while ensuring compliance with German legal requirements for marketing and commercial activities.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Professional Services

Manufacturing

Healthcare

Financial Services

Entertainment

Telecommunications

Automotive

Fashion and Luxury

Food and Beverage

Media and Advertising

Software and IT

Relevant Teams

Legal

Marketing

Sales

Business Development

Procurement

Compliance

Finance

Operations

Commercial

Brand Management

Relevant Roles

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

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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