Marketing Sales Agreement Template for England and Wales

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Key Requirements PROMPT example:

Marketing Sales Agreement

"I need a Marketing Sales Agreement for my tech startup to engage a marketing agency for social media and content marketing services, with a focus on protecting our intellectual property and including performance-based compensation structure."

Document background
The Marketing Sales Agreement is essential for businesses engaging in marketing and sales relationships in England and Wales. This contract type defines the commercial relationship between marketing service providers and their clients, covering crucial aspects such as service scope, compensation, performance metrics, and compliance requirements. It incorporates relevant UK legislation including the Consumer Rights Act 2015, Data Protection Act 2018, and various marketing regulations. The agreement is particularly important for protecting intellectual property rights, ensuring data protection compliance, and establishing clear deliverables and expectations.
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 and sales services to be provided

5. Payment Terms: Fees, payment schedule, and invoicing details

6. Term and Termination: Duration of agreement and termination provisions

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

8. Confidentiality: Protection of confidential information

9. Data Protection: Compliance with GDPR and data protection laws

Optional Sections

1. Service Level Agreement: Specific performance metrics and standards (use when specific performance metrics need to be measured and maintained)

2. Territory: Geographic scope of marketing activities (use when marketing activities are limited to specific regions)

3. Exclusivity: Terms of exclusive rights (use when exclusive marketing rights are being granted)

4. Commission Structure: Details of commission-based compensation (use when payment includes commission-based elements)

5. Marketing Standards: Specific marketing guidelines and requirements (use when specific brand guidelines or standards must be maintained)

Suggested Schedules

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

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

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

4. Schedule 4 - Brand Guidelines: Client's branding requirements and specifications

5. Schedule 5 - Approved Marketing Materials: Pre-approved marketing content and templates

6. Schedule 6 - Data Processing Agreement: Detailed terms for handling personal data

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
Relevant Teams
Relevant Roles
Industries

Consumer Rights Act 2015: Primary UK legislation governing consumer rights, including quality of services, unfair terms, and consumer remedies

Consumer Protection from Unfair Trading Regulations 2008: Regulations protecting consumers from unfair commercial practices, misleading actions or omissions, and aggressive marketing practices

Consumer Contracts Regulations 2013: Regulations covering distance selling, cancellation rights, and information requirements for consumer contracts

Data Protection Act 2018 and UK GDPR: Legislation governing the processing and protection of personal data, including marketing data usage

Business Protection from Misleading Marketing Regulations 2008: Regulations protecting businesses from misleading marketing practices in B2B relationships

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing, providing detailed rules for non-broadcast marketing communications

BCAP Code: UK Code of Broadcast Advertising, governing standards for broadcast marketing communications

Electronic Commerce Regulations 2002: Regulations governing electronic commerce and digital marketing activities

Privacy and Electronic Communications Regulations 2003: Specific rules for electronic communications, including email marketing and cookies

Competition Act 1998: Primary legislation governing competition law and anti-competitive practices in the UK

Enterprise Act 2002: Legislation providing framework for competition, consumer protection, and regulatory reform

Copyright, Designs and Patents Act 1988: Primary legislation protecting intellectual property rights in marketing materials and content

Trade Marks Act 1994: Legislation governing the protection and use of trademarks in marketing activities

Unfair Contract Terms Act 1977: Legislation controlling the use of unfair terms in contracts, particularly exclusion and limitation clauses

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract

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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