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Marketing Retainer Contract
1. Parties: Identification of the service provider (marketing agency) and the client, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement and brief description of the parties' business relationship and intentions
3. Definitions: Key terms used throughout the agreement, including technical marketing terms and contract-specific definitions
4. Scope of Services: Detailed description of the core marketing services covered under the retainer arrangement
5. Term and Termination: Duration of the agreement, renewal terms, and termination provisions including notice periods
6. Retainer Fee and Payment Terms: Monthly retainer amount, payment schedule, invoicing details, and handling of additional costs
7. Service Provider's Obligations: Core responsibilities of the marketing agency, including delivery standards and project management
8. Client's Obligations: Client responsibilities, including provision of materials, approvals, and access to necessary information
9. Reporting and Performance Metrics: Regular reporting requirements, KPIs, and performance review processes
10. Intellectual Property Rights: Ownership and usage rights of marketing materials and created content
11. Confidentiality: Protection of confidential information exchanged during the service provision
12. Data Protection: GDPR compliance and data processing terms
13. Limitation of Liability: Limitations and exclusions of liability for both parties
14. General Terms: Standard contractual provisions including notices, assignment, and entire agreement
1. Special Marketing Channels: Include when specific marketing channels (social media, PPC, etc.) need detailed treatment
2. Additional Services: Include when occasional services beyond the retainer scope need to be addressed
3. Success Fees: Include when performance-based compensation is part of the arrangement
4. Multi-jurisdiction Marketing: Include when marketing activities span multiple countries
5. Crisis Management: Include when emergency response services are part of the scope
6. Subcontractors: Include when the agency needs right to use third-party service providers
7. Non-Compete: Include when exclusivity or industry restrictions are required
8. Brand Guidelines: Include when specific brand compliance requirements need to be contractually binding
1. Schedule A - Scope of Services: Detailed breakdown of all marketing services included in the retainer
2. Schedule B - Fee Schedule: Detailed pricing, including retainer fee breakdown and rates for additional services
3. Schedule C - Service Level Agreement: Specific performance metrics, response times, and service standards
4. Schedule D - Reporting Template: Format and content requirements for regular performance reports
5. Schedule E - Key Personnel: List of key team members and their roles
6. Schedule F - Approved Subcontractors: List of pre-approved third-party service providers if applicable
7. Appendix 1 - Data Processing Agreement: Detailed GDPR-compliant data processing terms
8. Appendix 2 - Brand Guidelines: Client's branding requirements and usage guidelines
Authors
Services
Service Provider
Client
Retainer Fee
Additional Services
Deliverables
Campaign
Marketing Materials
Intellectual Property Rights
Confidential Information
Personal Data
Data Protection Legislation
Service Levels
Key Performance Indicators
Working Day
Term
Effective Date
Force Majeure Event
Project Brief
Approval
Brand Guidelines
Client Materials
Digital Assets
Marketing Strategy
Performance Report
Response Time
Service Credits
Success Metrics
Target Audience
Territory
Third Party Materials
Usage Rights
Business Hours
Competitors
Content Calendar
Creative Brief
Media Plan
Project Timeline
Revision Cycle
Subcontractors
Services Scope
Term and Duration
Retainer Fees
Payment Terms
Service Levels
Performance Metrics
Reporting Requirements
Client Obligations
Service Provider Obligations
Intellectual Property
Confidentiality
Data Protection
GDPR Compliance
Warranties
Indemnification
Limitation of Liability
Force Majeure
Termination
Assignment
Subcontracting
Non-Compete
Non-Solicitation
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Amendment
Waiver
Third Party Rights
Brand Protection
Marketing Compliance
Regulatory Compliance
Service Credits
Insurance
Audit Rights
Emergency Response
Exit Management
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