Marketing Contractor Agreement Template for England and Wales

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Key Requirements PROMPT example:

Marketing Contractor Agreement

"I need a Marketing Contractor Agreement for engaging a digital marketing agency to handle our social media and content creation for 12 months starting March 2025, with specific provisions for data protection and content ownership."

Document background
The Marketing Contractor Agreement is essential for businesses in England and Wales engaging external marketing expertise. This document establishes a clear contractor relationship, distinguishing it from employment, while ensuring compliance with UK regulations including GDPR, IR35, and marketing laws. It protects both parties by clearly defining service scope, deliverables, payment terms, intellectual property rights, and confidentiality obligations. Use this agreement when engaging freelance marketers, agencies, or consultants for specific marketing projects or ongoing support.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

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 agreement and termination provisions

6. Payment Terms: Fees, invoicing, and payment conditions

7. Intellectual Property Rights: Ownership and usage rights of marketing materials

8. Confidentiality: Protection of confidential information

9. Data Protection: GDPR compliance and data handling requirements

Optional Sections

1. Non-Compete: Restrictions on working with competitors (include when protecting market position is crucial)

2. Performance Metrics: KPIs and success measurements (include when specific performance targets are required)

3. Equipment Provision: Terms for provided equipment or resources (include when client provides tools or equipment)

4. Subcontracting: Terms for engaging third parties (include when contractor may need to delegate work)

Suggested Schedules

1. Schedule 1 - Services Description: Detailed breakdown of marketing services

2. Schedule 2 - Fee Schedule: Detailed pricing and payment terms

3. Schedule 3 - Service Levels: Performance standards and metrics

4. Appendix A - Brand Guidelines: Client's branding requirements

5. Appendix B - Approved Subcontractors: List of pre-approved third parties

6. Appendix C - Data Processing Agreement: GDPR-compliant data processing terms

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

Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Contract Law Fundamentals: Including Common Law of Contract and Contract Rights of Third Parties Act 1999, which form the basic framework for contractual relationships

Employment Status Legislation: Covering Employment Rights Act 1996, IR35 legislation for tax implications, and Agency Workers Regulations 2010 to properly define contractor status

Intellectual Property Laws: Including Copyright, Designs and Patents Act 1988 and Trade Marks Act 1994 to protect creative works and branding in marketing activities

Data Protection Laws: UK General Data Protection Regulation (UK GDPR) and Data Protection Act 2018 for handling personal data in marketing activities

Competition Law: Competition Act 1998 and Enterprise Act 2002 to ensure marketing activities comply with fair competition regulations

Consumer Protection: Consumer Protection from Unfair Trading Regulations 2008 and Consumer Rights Act 2015 for marketing directed at consumers

Advertising and Marketing Regulations: CAP Code and Business Protection from Misleading Marketing Regulations 2008 governing advertising standards and marketing practices

Electronic Communications Laws: Privacy and Electronic Communications Regulations 2003 (PECR) and Electronic Commerce Regulations 2002 for digital marketing activities

Anti-Discrimination Laws: Equality Act 2010 ensuring marketing activities and contractor relationship comply with anti-discrimination provisions

Confidentiality Regulations: Common law principles of confidentiality and Trade Secrets Regulations 2018 protecting sensitive business information

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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