Online Marketing Agreement Generator for England and Wales

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Key Requirements PROMPT example:

Online Marketing Agreement

"I need an Online Marketing Agreement for my e-commerce startup to engage a digital marketing agency for social media management and SEO services, with specific KPIs and monthly reporting requirements, to commence from March 2025."

Document background
The Online Marketing Agreement serves as a comprehensive framework for digital marketing arrangements under English and Welsh law. It is essential when engaging marketing agencies or consultants for online promotional activities, including social media management, SEO, content marketing, and digital advertising campaigns. The agreement addresses critical aspects such as service delivery, performance measurement, data protection, and intellectual property rights, while ensuring compliance with UK marketing regulations and digital commerce laws.
Suggested Sections

1. Parties: Identification and details of contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Services: Detailed description of marketing services to be provided

5. Payment Terms: Fees, payment schedule, and billing procedures

6. Term and Termination: Duration and termination provisions

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

8. Confidentiality: Protection of confidential information

9. Data Protection: Compliance with privacy laws and data handling

Optional Sections

1. Performance Metrics: KPIs and success metrics - include when specific performance targets are required

2. Geographic Restrictions: Territorial limitations on marketing activities - include when marketing is restricted to specific regions

3. Exclusivity: Exclusive rights and restrictions - include when exclusive marketing rights are granted

4. Social Media Management: Specific provisions for social media activities - include when social media marketing is part of the scope

Suggested Schedules

1. Schedule 1 - Service Level Agreement: Detailed service specifications and performance standards

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees and payment terms

3. Schedule 3 - Campaign Details: Specific marketing campaign plans and timelines

4. Appendix A - Approved Marketing Materials: Pre-approved content and branding guidelines

5. Appendix B - Data Processing Agreement: Detailed data protection obligations and procedures

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

UK GDPR and Data Protection Act 2018: Core data protection legislation governing the processing of personal data, including requirements for data collection, processing, and storage in marketing activities

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

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair marketing practices and sets standards for business-to-consumer marketing communications

Consumer Rights Act 2015: Fundamental consumer rights legislation that affects B2C marketing claims and representations

Electronic Commerce (EC Directive) Regulations 2002: Governs electronic commerce including online marketing activities and information requirements for digital service providers

CAP Code: UK Code of Non-broadcast Advertising and Direct & Promotional Marketing - self-regulatory rules for non-broadcast advertisements, sales promotions and direct marketing communications

Competition Act 1998: Regulates anti-competitive behavior that might arise in marketing agreements between businesses

Copyright, Designs and Patents Act 1988: Protects intellectual property rights in marketing materials, including content, designs, and creative works

Trade Marks Act 1994: Governs the use of trademarks in marketing materials and brand protection

Misrepresentation Act 1967: Deals with false or misleading statements in commercial communications and contracts

Financial Services and Markets Act 2000: Specific regulations for marketing financial products and services

Consumer Contracts Regulations 2013: Requirements for distance selling and electronic contracts, including information obligations and cancellation rights

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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