Sales And Marketing Outsourcing Agreement Template for England and Wales

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Key Requirements PROMPT example:

Sales And Marketing Outsourcing Agreement

"I need a Sales And Marketing Outsourcing Agreement for my UK-based software company to engage a digital marketing agency to handle all our social media marketing and lead generation activities, with a focus on GDPR compliance and performance-based compensation starting from March 2025."

Document background

The Sales And Marketing Outsourcing Agreement is essential for businesses looking to delegate their sales and marketing functions to specialized external providers. This agreement, governed by English and Welsh law, establishes clear parameters for service delivery, performance standards, and regulatory compliance. It's particularly relevant in today's business environment where companies increasingly rely on external expertise for specialized marketing and sales functions. The document addresses crucial aspects including data protection under UK GDPR, intellectual property rights, service levels, and payment terms, while ensuring compliance with UK marketing and consumer protection regulations.

Suggested Sections

1. Parties: Identifies and defines the contracting parties - the company outsourcing (Principal) and the service provider

2. Background: Sets out the context and purpose of the agreement

3. Definitions and Interpretation: Defines key terms used throughout the agreement

4. Appointment and Scope of Services: Details of the appointment and specific services to be provided

5. Term and Termination: Duration of the agreement and termination provisions

6. Service Provider's Obligations: Key responsibilities and performance standards

7. Principal's Obligations: Responsibilities of the company outsourcing the services

8. Fees and Payment: Payment terms, fee structure, and invoicing procedures

9. Intellectual Property Rights: Ownership and usage rights of IP created during the service

10. Confidentiality: Protection of confidential information

11. Data Protection: Compliance with data protection laws and handling of personal data

Optional Sections

1. Service Levels: Specific performance metrics and KPIs - used when specific performance standards need to be measured

2. Staff and Key Personnel: Requirements for staff working on the project - used when specific personnel are critical to service delivery

3. Non-Compete: Restrictions on competitive activities - used when protecting against competitive threats is important

4. Change Control: Process for making changes to services - used for complex services likely to require adaptation

5. Force Majeure: Provisions for unforeseen circumstances - used when service delivery might be affected by external events

Suggested Schedules

1. Services Description: Detailed specification of services to be provided

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

3. Service Levels: Detailed performance metrics and measurement criteria

4. Data Processing Agreement: Detailed terms for handling personal data

5. Marketing Guidelines: Brand guidelines and marketing requirements

6. Key Personnel: Details of key staff members and their roles

7. Territory Schedule: Geographic areas covered by the agreement

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Technology
Retail
Manufacturing
Professional Services
Consumer Goods

Relevant Teams

Sales
Marketing
Legal
Procurement
Finance
Compliance

Relevant Roles

Chief Marketing Officer
Sales Director
Commercial Director
Procurement Manager
Legal Counsel
Business Development Manager

Industries

UK GDPR and Data Protection Act 2018: Core data protection legislation governing the processing, storage, and transfer of personal data, essential for handling customer and marketing data

Privacy and Electronic Communications Regulations (PECR): Specific rules for electronic marketing, cookies, and electronic communications privacy

Consumer Rights Act 2015: Fundamental consumer protection legislation affecting marketing claims and sales practices

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices between traders and consumers, including misleading marketing

Business Protection from Misleading Marketing Regulations 2008: Regulates business-to-business marketing and advertising practices

English Common Law Contract Principles: Fundamental principles governing contract formation, enforcement, and remedies

Unfair Contract Terms Act 1977: Controls unfair terms in contracts, particularly exclusion and limitation clauses

Contracts (Rights of Third Parties) Act 1999: Governs when third parties can enforce terms of a contract

Employment Rights Act 1996: Primary legislation protecting workers' rights, relevant for staff transfers and employment terms

TUPE Regulations 2006: Protects employees' rights when business activities are transferred between companies

Agency Workers Regulations 2010: Ensures protection for temporary and agency workers involved in outsourcing arrangements

CAP and BCAP Codes: Industry codes governing non-broadcast and broadcast advertising standards

Electronic Commerce Regulations 2002: Regulates electronic commerce and online business activities

Consumer Contracts Regulations 2013: Specifies information requirements and cancellation rights for consumer contracts

Bribery Act 2010: Anti-corruption legislation affecting business relationships and corporate hospitality

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

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

Competition Act 1998: Prevents anti-competitive practices and abuse of dominant market positions

Enterprise Act 2002: Framework for merger control and market investigations affecting business relationships

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Let's create your Sales And Marketing Outsourcing Agreement

Authors

Alex Denne

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