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MSA Marketing Service Agreement
"I need an MSA Marketing Service Agreement for a digital marketing agency providing social media management and content creation services to a German e-commerce company, with special focus on data protection and performance metrics, starting March 1, 2025."
1. Parties: Identification and details of the service provider and client
2. Background: Context of the agreement and general business relationship
3. Definitions: Key terms used throughout the agreement
4. Scope of Services: Detailed description of marketing services to be provided
5. Service Provider's Obligations: Key responsibilities and commitments of the marketing service provider
6. Client's Obligations: Client's responsibilities, including provision of materials and information
7. Fees and Payment Terms: Compensation, payment schedule, and invoicing procedures
8. Intellectual Property Rights: Ownership and licensing of marketing materials and creative works
9. Data Protection and Privacy: GDPR compliance and data processing terms
10. Confidentiality: Protection of business secrets and confidential information
11. Term and Termination: Duration, renewal, and termination provisions
12. Liability and Indemnification: Limitation of liability and indemnification provisions under German law
13. Force Majeure: Handling of circumstances beyond parties' control
14. General Provisions: Miscellaneous legal provisions including governing law and jurisdiction
1. Performance Metrics: Specific KPIs and performance measurement criteria - include when services are metrics-driven
2. Social Media Management: Specific terms for social media marketing services - include when social media management is part of services
3. Content Creation and Approval: Process for creating and approving marketing content - include for content marketing services
4. Influencer Marketing: Terms specific to influencer collaboration - include when influencer marketing is involved
5. International Marketing: Provisions for cross-border marketing activities - include for international campaigns
6. Agency-Client Relationship: Exclusivity and non-compete terms - include when exclusive relationship is desired
7. Compliance with Industry Regulations: Specific industry compliance requirements - include for regulated industries
8. Budget Management: Detailed budget allocation and management terms - include for large-scale campaigns
1. Schedule 1: Service Description: Detailed breakdown of marketing services and deliverables
2. Schedule 2: Fee Schedule: Detailed pricing, payment terms, and rate cards
3. Schedule 3: Service Levels: Performance standards and service level agreements
4. Schedule 4: Approved Subcontractors: List of pre-approved third-party service providers
5. Schedule 5: Data Processing Agreement: GDPR-compliant data processing terms and procedures
6. Schedule 6: Brand Guidelines: Client's branding requirements and usage guidelines
7. Appendix A: Campaign Timeline: Project timelines and milestone dates
8. Appendix B: Reporting Templates: Standard formats for performance and campaign reporting
Authors
Applicable Laws
Approved Purpose
Brand Guidelines
Business Day
Campaign
Confidential Information
Client Materials
Data Protection Laws
Deliverables
Effective Date
Fees
Force Majeure Event
GDPR
Intellectual Property Rights
Key Performance Indicators
Marketing Materials
Marketing Plan
Marketing Services
Personal Data
Project
Project Brief
Service Level Agreement
Service Provider Materials
Services
Social Media Platforms
Specifications
Subcontractors
Term
Territory
Third Party Materials
Work Product
Working Hours
Affiliates
Authorized Representatives
Change Order
Commencement Date
Data Subject
Processing
Data Controller
Data Processor
Media Buy
Performance Report
Campaign Analytics
Digital Assets
Marketing Budget
Target Audience
Recitals
Definitions
Services Scope
Term
Payment
Service Provider Obligations
Client Obligations
Intellectual Property
Data Protection
Confidentiality
Warranties
Limitation of Liability
Indemnification
Force Majeure
Termination
Performance Metrics
Quality Assurance
Reporting
Compliance
Subcontracting
Non-Solicitation
Non-Competition
Insurance
Audit Rights
Dispute Resolution
Governing Law
Assignment
Notices
Entire Agreement
Severability
Amendments
Waiver
Third Party Rights
Counterparts
Brand Protection
Marketing Standards
Content Approval
Media Rights
Agency Appointment
Budget Management
Client Materials
Campaign Management
Social Media
Data Analytics
Consumer Protection
Retail
E-commerce
Technology
Financial Services
Consumer Goods
Healthcare
Automotive
Telecommunications
Entertainment
Professional Services
Manufacturing
Travel and Tourism
Education
Real Estate
Legal
Marketing
Procurement
Finance
Compliance
Business Development
Operations
Digital
Brand Management
Creative Services
Client Services
Risk Management
Marketing Director
Chief Marketing Officer
Legal Counsel
Procurement Manager
Marketing Manager
Brand Manager
Digital Marketing Manager
Contract Manager
Business Development Manager
Agency Relations Manager
Compliance Officer
Marketing Operations Manager
Account Director
Project Manager
Chief Financial Officer
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