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Marketing Agency Contract

Marketing Agency Contract Template for Denmark

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Marketing Agency Contract

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Document background
The Marketing Agency Contract is essential for businesses seeking to formalize their relationship with external marketing service providers under Danish jurisdiction. This document is typically used when a company wants to outsource its marketing activities to a professional agency, whether for specific campaigns or ongoing marketing support. The contract covers crucial aspects including service scope, deliverables, pricing, intellectual property rights, and data protection requirements in accordance with Danish law and EU regulations. It provides clear guidelines for the working relationship, protecting both parties' interests while ensuring compliance with Danish marketing regulations, consumer protection laws, and GDPR requirements. The agreement is particularly important in the Danish context where specific marketing practices and consumer protection regulations must be carefully observed.
Suggested Sections

1. Parties: Identification and details of the contracting parties - the marketing agency and the client

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 services to be provided

5. Term and Termination: Duration of the agreement and conditions for termination

6. Fees and Payment Terms: Pricing structure, payment schedule, and related financial terms

7. Client Obligations: Responsibilities and commitments of the client, including provision of materials and approvals

8. Agency Obligations: Responsibilities and commitments of the marketing agency

9. Intellectual Property Rights: Ownership and usage rights of created materials and pre-existing IP

10. Confidentiality: Protection of confidential information and trade secrets

11. Data Protection: GDPR compliance and data handling requirements

12. Warranties and Indemnities: Guarantees provided by both parties and protection against claims

13. Limitation of Liability: Caps on liability and exclusions

14. Force Majeure: Provisions for unforeseen circumstances and their handling

15. Governing Law and Jurisdiction: Confirmation of Danish law application and dispute resolution process

Optional Sections

1. Non-Compete: Restrictions on working with competitors, used when sharing sensitive market strategies

2. Service Level Agreement: Specific performance metrics and standards, used for ongoing campaign management

3. Third-Party Contractors: Terms for use of subcontractors, needed when agency doesn't provide all services in-house

4. International Marketing: Additional provisions for cross-border marketing activities

5. Social Media Management: Specific terms for social media account handling and content posting

6. Crisis Management: Procedures for handling PR crises or marketing emergencies

7. Performance Bonuses: Structure for performance-based additional compensation

8. Client References: Terms for using client as a reference in agency's marketing materials

Suggested Schedules

1. Schedule A - Service Specifications: Detailed breakdown of marketing services, deliverables, and timelines

2. Schedule B - Fee Structure: Detailed pricing, including hourly rates, project fees, and expenses

3. Schedule C - Key Personnel: List of key team members and their roles in service delivery

4. Schedule D - Brand Guidelines: Client's branding requirements and usage guidelines

5. Schedule E - Approval Process: Workflow for content approval and revision processes

6. Schedule F - Campaign Calendar: Planned marketing activities and campaign schedule

7. Appendix 1 - Data Processing Agreement: GDPR-compliant data processing terms and procedures

8. Appendix 2 - Service Level Metrics: Specific KPIs and performance measurement criteria

Authors

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Relevant legal definitions
Agreement
Agency
Agency Materials
Applicable Laws
Approved Expenses
Brand Guidelines
Business Day
Campaign
Client
Client Materials
Confidential Information
Deliverables
Effective Date
Fees
Force Majeure Event
GDPR
Intellectual Property Rights
Key Personnel
Marketing Materials
Marketing Services
Personal Data
Project
Project Brief
Project Plan
Representatives
Schedule
Services
Service Levels
Social Media Accounts
Specifications
Subcontractors
Term
Territory
Third Party Materials
Working Hours
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Fundamental law governing formation and validity of contracts in Denmark, essential for establishing the basic contractual framework
Danish Marketing Practices Act (Markedsføringsloven): Regulates marketing practices and advertising standards in Denmark, including rules on misleading advertising and unfair commercial practices
General Data Protection Regulation (GDPR): EU regulation implemented in Danish law governing the processing of personal data, crucial for marketing activities involving customer data
Danish Copyright Act (Ophavsretsloven): Governs intellectual property rights for creative works, essential for marketing materials and content creation
Danish E-Commerce Act (E-handelsloven): Regulates electronic commerce and digital marketing activities, including requirements for online marketing and commercial communications
Danish Act on Processing of Personal Data (Databeskyttelsesloven): National implementation of GDPR, providing specific Danish requirements for data protection
Danish Competition Act (Konkurrenceloven): Regulates competitive practices and market behavior, relevant for marketing strategies and market positioning
Danish Price Marking and Display Act (Prismærkningsloven): Governs how prices must be displayed and marketed to consumers
Danish Commercial Agents Act (Handelsagentloven): May be relevant if the marketing agency acts as a commercial agent, governing rights and obligations in agency relationships
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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