MSA Marketing Service Agreement Template for Germany

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Key Requirements PROMPT example:

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."

Document background
The MSA Marketing Service Agreement serves as a foundational document for establishing long-term marketing service relationships under German law. It is particularly suitable for businesses seeking to formalize comprehensive marketing service arrangements, whether for traditional marketing, digital campaigns, or integrated marketing solutions. The agreement incorporates essential elements required by German legislation, including strict data protection requirements under GDPR, competition law compliance, and specific provisions for digital marketing under the Telemedia Act. This document is designed to protect both service providers and clients while ensuring clarity in service delivery, payment terms, and performance expectations. It's especially relevant in today's digital age where marketing services often involve multiple channels and complex data handling requirements.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Consumer Goods

Healthcare

Automotive

Telecommunications

Entertainment

Professional Services

Manufacturing

Travel and Tourism

Education

Real Estate

Relevant Teams

Legal

Marketing

Procurement

Finance

Compliance

Business Development

Operations

Digital

Brand Management

Creative Services

Client Services

Risk Management

Relevant Roles

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

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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